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Home My WebLink AboutMinutes 11-22-11 KAUAI PLANNING COMMISSION REGULAR MEETING November 22,2011 The,regular meeting of the Planning Commission of the County of Kauai was called to order by ` Chair, Herman Texeira at 9:07 a:m. at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A-2B. The follow ring Commissioners were present: Mr. Herman Texeira Mr. Jan Kimura Ms. Camilla Matsumoto { Mr. Hartwell Blake Mr; Caven Raco a ` Mr. Wayne Katayama Discussion of the meeting, in effect, ensued: APPROVAL, OF THE AGENDA Chair: Can I get a motion to approve the agenda? Ms. Matsumoto: So moved. Mr. Kimura: Second. Chair: All those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve the agenda, motion carried unanimously by voice vote. Chair: So I can assume that we are not changing anything,we are going to follow the order that is shown in the agenda. RECEIPT OF ITEM FOR THE RECORD Chair: Could I have a motion please? Mr. Blake: So moved. Ms. Matsumoto: Second. Chair: Any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Hartwell Blake and seconded by Camilla Matsumoto, �o receive items for the record, motion carried unanimously by voice vote. MINUTES Chair: The third item is the minutes and this includes the regular meeting of October 25, 2011 and also the hearings officer special meeting that wds held on November 18, 2011. Could I have a motion to approve both of those items? Ms. Matsumoto: So moved. Mr. Kimura: Second. Chair: Any discussion, all those in favor say aye, those opposed, motion carried. DEC 13 2011 On motion made by Camilla Matsumoto and seconded by Hartwell Wake,to approve meeting minutes of October 25,2011, motion carried unanimously by voice vote, GENERAL BUSINESS MATTERS Request to amend Special Permit SP-99-2, Use Permit,U-99.10 and Class IV Zoning Permit Z-IV-99-6 to allow ziP-lining and kayaking tours and structures to existing tour operations at.a property located along Kuhi`o Highway and intersection with Kapaka Street, further identified as Tax Map Key 5-3-001:002, and affecting approx. 10.58 acres of a 211J.182 ac parcel=Princeville Raych FlikingAdventures. Staff Report pertaining to this matter. Staff Planner Kaaina Hull read a portion of the staff report(on file), Chair: I just wanted to ask the Planning Commissioners if they reviewed the report because it is rather lengthy and if you could just summarize the most important points you think that we need to be aware of. Staff: The Special Permit, Use Permit and Class IV Zoning Permit have already been approved previously by the Planning Commission to allow for hiking tours and they have secured a kayaking tour however the kayaking tours are no longer occurring where previously delineated. And they haven't received any zoning approvals for the zip-line tours ,themselves. So essentially we are looking at an after the fact permit for those two operations and facilities. In reviewing them as stated in the report concerting the Use Permit the department hasn't or doesn't foresee any adverse impacts to be .created that affect the existing property as well as the surrounding properties. Chair: Then we can go to the conclusion later on. I would like to ask the Commissioners if they have any questions of Kaaina and the application. Seeing none, Kaaina, could you just kind of expand on why the applicant did not secure permits on a timely basis. This is as you said an after the fact permit request. How many years did this go on? Staff. The site nas been there for several years and in fact I know that given the recent approvals of other zip-line facilities throughout the island the Commission did request the staff to look into other facilities that had been permitted or not received permits. One of them was discovered to actually be in a Conservation zone we didn't have authority or jurisdiction over that facility however it was discovered that while the Princeville Adventures Company had secured zoning permits they hadn't specifically secured zoning permits for the zip-line facilities themselves. So in part I know there were discussions that somewhat spurred that, as far as why they Oidn't secure them initi4lly, I would pose that to the applicant. Chair: Any other questions of Kaaina, if not thank you Kaaina and I would like to call on the applicant to come forward please. Mr. Youn: Good morning Chairman and Commissioners, my name is Avery Youn, I am the authorized agent. With me today is David Carswell and Karen Guest who are the applicants and they are here also to answer your questions if you have any on their operations. As you requested.I just want to summarize what this application is all about. Firstly the activities that are in the staff report are already preapproved activities and there are a couple of grey areas and that is why we are here today before you to clarify these grey areas. The approved activities is a horseback stables and there was no time limits or quantities, set quantities for those operations to continue. The kayak office/reception area was approved in 1997 and as the staff report stated it was for Kalihiwai.River however the activity thq t is ongoing for kayaking is on the same tax key so it is a grey area of whether it was permitted or not. The actual location is different but it is on the same piece of property. The request for the Kalihiwai Activity was withdrawn however the kayak activity on the parcel, another ditch on the property was pursued.The last thing that was Planning Commission Minutes November 22;2011 2 approved in 1999 was the hiking trails. And to clarify, first of all, all those activities occur in pasture lands, where it occurs is in more marginal lands in the valleys and streams that are not in pasture use however it is part of the pasture. We are here for three reasons, the first one is to update or confirm that zip-lines which was your questions can be included as part of the approved hiking activities. The reason why it wasn't brought in earlier is because zip-lines is a fairly new activity, it wasn't abound when the CZO was first written and you won't even find it in there. So in order to clarify it and get it on the record we thought we would come in and allow zip-lines to become part of the hiking activity. Hiking was approved but it wasn't clear zip-lines could be included as part of a hiking activity so we are here to include it now and straighten out the condition. The second part is the kayak activities. Although I said earlier that it was approved on a parcel that got the approval for Kalihiwai Stream and located in a different location although the tax key was the same. We are here also to clarify and straighten that condition out that the kayak activity can still occur on the parcel but in a different location. The third one is to;increase the number of people and tours permitted on the hiking activities from 3 tours today, 8 persons per tour, to 10 tours per day, 12 persons per tour. Arid I should strongly stress that cattle grazing operation is still ongoing and it is the primary function, the cattle is still around. They are over, under the zip-lines, they are not fenced off separately. Once you get in the gate across the Princeville Club House it is not separated so you are within the pasture where these activities take place. This is a perfect example of how an agricultural area that is still in ag. use can be part of a compatible eco friendly tourist oriented activity that has been highly promoted by the tourist industry and a lot of legislators and political leaders Here on this island. So we know we are compatible with the General Plan in promoting these kinds of activities. And we are trying to do today is to make sure it is compatible with the zoning ordinance. I would like to add that this operation provides 5o fulltime employees and 20 part time employees throughout the year. And relative to addressing the Special Permit we are still under the 15 acre limit if you add these zip- lines and horseback equestrian tfials. It ranges from 3 feet to 6 feet wide and when you lengthen. it out it comes out to approximately 10.3 acres including the parking area. With me today is David Carswell and Karen Guest and they are here to answer any additional questions that you may have relative to their operations. I can answer any questions you have relative to the application its self. Are there any questions? Chair: Are there any questions? Mr. Kimura: Can we have the applicant come up? Mr. David Carswell: Good morning. Mr. Kimura: So how long have you been in operation? We are looking at 1978 from the beginning. It is a family operated... Mr. Carswell: Yes. My parents started in 1978 with Pohoku Stables dnd we have been in business since then so 30 something years now. Mr. Kimura: Have there been any complaints against the business at all? Mr. Carswell: Not that we know of, no, from the community you mean. Mr. Kimura: Yes. Mr. Carswell: No. Mr. Kimura: So it has a pretty good record then. Planning Commission Minutes November 22,2011 3 Mr. Carswell: I would say so. We have been pretty fortunate there. Ms. Matsumoto: So Avery had said something about after 1997 the grey area about the permitted use and he said that the kayak business was pursued. So is that how long your kayak business has been it operation? Mr. Carswell: No the hiking was 1999 and we applied for the permit for the kayak in 97 and then we didn't start doing the kayaks until 2003. Ms. Matsumoto' From 1997 to 2003. Mr. Carswell: We waited until 2003 to start the kayak operation. Ms. Matsumoto: Why did you wait that long? Mr. Carswell: We started with the hiking, the reason we didn't do the kayak in the Kalihiwai Stream is because there was..-the community came to us and asked us if we would consider not doing it. Some of the Kalihiwai community was opposed to it so they asked us if we would not do it. We want to be good neighbors and be good stewards of the land so we agreed so we just said okay we won't do it on that. And then as we started the hiking tour and as I was exploring the ranch there was a stream on the ranch that I found that I thought we could probably do a potential kayak here. Nobody can see it from anywhere as far as the neighbors go and we were able to develop that and do the tour there and it was something uie could provide our guests with a unique experience. Ms. Matsumoto: And then when did you start the zip-line because you have the hiking trails permitted in 1999. Mr. Carswell: Yes and then the zip-line we started in 2000...we have been doing it for about 7 years so about 2005 is when we started the zip-line tours with the hiking. Ms. Matsumoto: So from 1999 to 2005 you just did the hiking. Mr. Carswell: Yes. Staff Just to clarify Commissioner Matsumoto, concerning the kayaking permits, I think we stated in the report that they had withdrawn that but just to clarify, actually they had withdrawn a request to amend those permits, it wasn't an actual withdrawal of the permits themselves. So technically the Kalihiwai permits are still in effect and active however they are not operating their kayaking tours as initially presented in that pf oposal, essentially they have taken the kayaks off the Kalihiwai River and put it in a smaller less visible stream. That is to say technically the kayaking permits are active and still going on however they are not operating as proposed in those permits. Does that mak' sense? Ms. Matsumoto: I think so. Mr. Kimura: So they are not using Kalihiwai River then, right,they are using the stream on the ranch its self. Mr. Carswell: Correct. Mr. Katayama: This is for the Director, as a matter of form when a Special Use Permit application is presented isn't the activity once approved specifically for what was present on the application? Mr. Dahilig: Yes. I guess just to dovetail on what the planner is mentioning that part of what this proposed action before the Commission is essentially a cleanup of the various previously permitted activities that have involved different areas of the property. And usually when we look at let's say for instance kayaking, the kayaking is now occurring in a different part Planning Commission Minutes November 22,2011 4 of the property so that is why this is being presented to clarify where that is. Zip-lining was a non-permitted activity, it is coming in as an after the fact permit. There were a number of things that were initially permitted like the hiking and those types of things and some of those things aren't necessarily changing but because of the nature of the whole operation this essentially is like a cleanup of the activities. Mr. Kimura: This is the same type of permitting process that zip-line down in Niumalu came before us, right? Mr. Dahilig: That one they were required also to have the same gambit of permits that this operation would be required to have as well. Mr. Kimura: They didn't have a permit too, at the time, right, so they had to come in. Mr. Dahilig: After the fact. Mr. Blake: This is for the Director,but if you have your own private kayak nothing prevents you from going up Kalihiwai River and back every day if you want. Mr. Dahilig: Yes,this is really the nature of a commercial activity because of the rentals and the guided tours for consideration. Mr. Raco: I have a question for the applicant in regards to the 10 tours. How did you come up with that number? Mr. Carswell: The 10 tours; that just seemed like that would fill the demand that we are seeing right now on the North Shore. Mr. Raco: Could that demand become, could that number become 6, would that work? Mr. Carswell: No, it wouldn't fill the demand, no. M r. Raco: Is the demand more than 6 now', Mr. Carswell: Yes. Mr. Raco: What is the demand right now, 10? Mr. Carswell: 10 tours. Chair: Anybody else, any other Commissioners have any? Can you tell me 1\,4r. Carswell what has driven the increase in the demand for kayaking tours, I don't think the visitor industry, the numbers have sho-rr that much of a growth rate i� the last couple of years. Why would you indicate such a great demand for these kinds of tours on the North Shore? Mr. Carswell: I think there are a couple of things but number one is the amount of activities available on the North Shore, they are pretty limited especially since the boating tours went to the other. side. So I think people, they come to the North Shore and especially in the winter when the ocean is rough what their options, to go to the South Shore or maybe hiking up Napali. So there seems to be...we offer the North Shore more for our guests,!visitors to do. I think also the other demand is that people, we are finding that travels now are more adventurous and they want to do different types of tours. They come to the North Shore,they have been there before, we have a lot of vacation rentals and timeshares and so they have come several times to the North Shore so now they are looking for something else to do or what is new. We find that a lot of people, return customers that we have will ask us what else are you guys doing, what do, you have new? So I think it is just a different type of crowd so to speak, people are more adventurous,they want something, a little different experience. Planning Commission Minutes November 22,2011 5 Ms. Karen Guest: Also, in the summertime when we are really busy we have a wait list of about 2 weeks to get on some of our tours so that is telling us that there is a demand for increased tours. Chair: In your hiking tours can you kind of describe...they talk about the trail head, does the tour take you outside of the property? Does it go into the State Conservation Lands beyond that abut some of the Princeville properties? Mr. Carswell: That is a good question. Nq it doesn't. We stay within I would say a mile within the property boundaries, maybe half mile at some points. But all of our activities are on Princeville Ranch property abd we like to try to keep it that way. We don't want to get out into the other areas. Chair: Anybody else? If not, thank you, I will now call on the public, anyone from the public wishing to speak on this item please come forward. Seeing none, could you summarize your conclusion? Well first of all before we do that you have seen the application, Avery has seen the application, you both have seen the application, do you have any concerns or any recommendations in regards to the staftreport? Mr. Carswell: Yes, on No. 6 on the staff report it says are recommends by the County Fire Department maps of trails and we have provided...we work closely with the Fire Department, they have been really, really good for us and helpful for us so we try to be very accommodating to them. We don't like to see them too often but we do like to work with them. Staff Plah' ner Kaaina Hull read conclusion and department recommendation (on file). Chair: Could I ask one more questions if you don't mind, so can you state that you do not plan to do any more kayaking;that you don't plan to use the Kilauea Stream for kayaking tours in the future? Mr. Carswell: The Kalihiwai Stream, we don't have any plans at the moment. We try to work with the community, our goal is to be good neighbors and accommodate as many community members as we can while still being able to operate our business so at the moment we don't have any plans with the Kalihiwai River. Ms:Matsumoto: I have a question of the planner, they talked a little bit about the definition of hiking, is there a definition? Staff: We do not have a definition of hiking in the Comprehensive Zoning Ordinance or nothing in the County Code that I can think of. That can be researched but not that I know of. Ms. Matsumoto: Because they want to include the zip-line as part of hiking. Staff: Yes it is essentially being subsumed within the Princeville Adventures application that was originally proposed in 98. Hiking and/or zip-lining isn't a flat out listed use within the County Code be it generally permitted use or a use permit however it kind of falls under the Director's discretion of those activities that are similar in nature to and that would be somewhat of a commercial activity. Essentially the zip-lining and hiking because they are guided tours that are charged for the Director is classifying it as a commercial activity requiring a use permit. Mr. KatUama: This is for the planner, these conditions were dtafted in 1998; are they consistent with the conditions that other zip-lining operations have? Staff. Yes they are. Mr. Katayama: Or are there ones, additional conditions in their Special U,e permit that were not embedded in the 1998 conditions? Planning Commission Minutes November 22,2011 6 Staff: There is a general condition concerning Newell Shearwaters and endangered species that have beeri placed upon the other applications that is the practice of the department to recommend that condition be placed on all applicants. The applicant isn't proposing any lighting of any structures so it isn't necessary but if you...that is one area that could be amended to follow specifically. Mr. Katayama: For the Director, as we go through these cleanup permits what is the ability of this body to update those conditions? Mr. Dahilig I would say that the ability of the body to update the conditions are strictly within its discretion. We have to go through some type of exchange with the applicant to determine whether the proposed changes would be, they would be amiable to those changes. But if there are certain other items that would like to be imposed on top of what is being proposed it is certainly within the Commission's discretion to do so. Mr. Katay ma: I don't necessarily see the need but just as we go through the cleanup. Chair: So we can change the conditions as we see ft? Mr. Dahilig: As long as there is a rational basis for an amendment in the conditions from the pxevious permit as a consequence of the changed activity certainly the Commission can proposed, entertain, and modify the permits in that manner, again, with a rational basis. And it would be prudent to seek the concurrence of the applicant if such changes were proposed. Mr. Kimura: And this is for all past applicants that came before us too? Mr. Dahilia: There is a separate procedure which is an order to show cause procedure which under Chapter 12 of the Commission's rules, if there is cause for modifying, amending, or revoking the permits then that is another avenue for taking a look at past permits. But in situations when you have something like this where it is a cleanup and asking for permission as long as there are changes being proposed to align some of the Commission's concerns and address them with what is being newly proposed, that certainly is within tine Commission's Kuleana. Chair: There are no time restrictions that are proposed i:o be imposed on this application, right, this is an open ended...they will have just an approval and that is it? Staff. Yes with the exception of the limitations proposed in condition No. 1, (a) and (b), there are no other constraints that the department is recommending be placed upon the applicant. Chair: But we could revisit this application as you said, as the Director said if there is reason. Staff. Ultimately when drafting the recommendations the department was not only looking at tlfze proposal but in fact it is somewhat of...not a unique situation but in situations like this when you have after the fact permits generally speaking those whether they are class IV or class I or the gambit in between that go before the departmerit and may ultimately end up before this body,they are spurred based upon complaints. The fact of the matter for this application is there have been no complaints and there haven't been...excuse me, given that there are no complaints it somewhat demonstrates a defacto benefit of this case of an after the fact permit in that it is compatible with those other areas,the surrounding properties and existing environment. So at this time the department didn't feel it necessary to recommend further constraints be placed upon them. Mr. Raco: So the fact of the matter is that we are only revising condition No. 1 to include the zip-lining anid the hiking, right? My other question was as I was reading through these recommendations; in the past conditions that we have read fox other zip-line applications wasn't there a day of business? Planning Commission Minutes November 22,2011 7 Staff: There was for one application and that was the O`ma`o zip-line and I believe that the reasoning behind that was because of the use of the property by a motorcycling club for dirt biking and to give essentially one day in which they wouldn't be crossing over with the club. For Outfitters, for the Niumalu zip-line facility as well as the Koloa zip-line facility no restrictions were imposed on days of operation. Chair: In reviewing and looking back,at some of the other zip-line activities on the island wasn't there some discussion about the height of some of those towers and color or effects on the bird life or anything like that? Was there anything that was mentioned I thought ire reviewed at that time? Staff: The discussion at the time focised primarily,on the impact that the zip-linr,s could potentially have on helicopter or flight tours or just general operations and it is standard procedure now for the Fire Department to require prior to building permit approval that they notify the Deparent of Transportation Airports Division of the facility's location. This is one situation in which it can be amended in the permits as well as I am sure it is going to be required by the Fire Department when receiving their after the fact zoning permits. However this is also a situation where given the after the fact basis of it that many if not all of the flight operators are aware of this site. Ms. Matsumoto: So don't you think we should put that in anyway? I mean it is a simple matter of a ,ding that language into the condition, as a condition. Chair: How would we word that? Ms. Matsumoto: It.is safety, right, we are talking about safety. Mr. Dahilig: Maybe, Commissioner,what we can do is defer this matter just until later on in the meeting. We can pull the past permit out just so we are consistent with that language then bring it back to the Commission if that is amiable to the Commissioners. If such a condition is desired we probably want to pull that information, I am suspecting that we don't have it on us in the Commission room right now so we need a little bit of time to get that together. Mr. Kimura: Can we make it soon? Mr. Dahilig: We certainly can but I think we do want to make sure we have that exact language so we would-just need...if we could move onto the next agenda item and then come back to it after we have that information. Chair: So what is the process do we just table this right now? Mr..Dahilig: Maybe a motion to lay on the table and then move onto the next agenda item. Chair: I would like to entertain a motion to table. Ms. Matsumoto: So moved. Mr. Katayama: Second. Chair: Any discussion; all those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Wayne Katayama, to table agenda item, motion carried unanimously by voice vote. Chair: We will be revisiting this in a while. Commission recessed at 9:4.5 a.m. PIanning Commission Minutes November 22,2011 8 Meeting called back to order at 9:55 a.m. Request to amend Special Management Area Use Permit SMA(U)-98-4, Use Permit U- 98-21, Variance Permit V-98-5 and Class IV Zoniniz Permit Z-IV-98-27 to allow conversion of a garage into a farm dwelling unit on property identified as Lot 7 of the Kahili Makai Subdivision. further identified as Tax Map Key 5-2-021:007, Unit E, and affecting approx. 9.2 acres of a 26.19 acre parcel=LaLa Willard. Staff Report pertaining to this matter. Staff Planner Dale Cua read staff report(on file). Chair: Thank you Mr. Cua, any questions of our planner? Mr. Kimura: When you say building their farm dwelling to its original garage we are talking about taking out all the walls and everything right? Staff. Exactly. Mr. Kimura: Completely. Staff. Completely and these will be inspected by the department to assure that... Mr. Kimura: My problem is a lot of times they turn their garage into a dwelling and they take it apart but it is still accessible to be put back as a living dwelling instead of a garage. Staff. Right. That is the purpose of that condition, one, to assure that the conversion has been completed. Mr. Kimura: Especially on the North Shore, it is all about transient vacation rentals and that is one of the things that I am afraid of accepting this applicant is them turning it into a vacation rental later. Staff: Sure. Mr, Kimura: Do they have a farm plan with this? Staff: When the subdivision was approved I would say in the late 70s I don't think they prepared an agricultural or farm plan however any activities on this property is subject to the requirements noted in Chapter 205 of the Hawaii Revised Statutes. Mr. Kimura: This is ag. land right? Staff This is ag. land. Mr. Kimura. So can we impose some kind of farm plan, agricultural plan? I mean they have a lot of acreage here. Staff: Right. Mr. Kimura: Director, can we impose an ag. plan to this property? I mean it is ag. I don't think it is an unusual request to have an ag. p!lan on ag. land. Mr. Dahilig: We certainly can request as part of the... Mr. Kimura: Can we demand. i Mr. Dahilig: As part of the conditions that something be submitted to the department as part of the items as long as there is a rational basis as you are statil,g. Planning Commission Minutes November 22,2011 9 Mr. Kimura: I would like to keep ag., ag. You have a total of 26 acres and you are talking about 9.2 acres. We are asking TVRs with over an acre to come up with an ag. plan, they have 9.2 acres. It is not a TVR but it is still,..it is ag. Chair: Anyone else? No one else, Ddle, I have a question. In the original application they had applied for a dwelling, eight, a dwelling unit and a garage, right? Staff: Correct. Chair: And these are two separate, detached, units. Staff. Separate units, yes. Chair: So if they are converting the garage to a dwelling unit what happens to a proposed garage? Could they come back and propose a garage now that the garage is no longer a garage? Staff: I would say if it is a deviation from the original plan then they would have to come back before you folks again because at the time back in 0 there was a farm dwelling and this three car garage. So that is why we are here before because the applicant is requesting to amend what was originally represented to this body. I think any deviation from what was originally proposed would warrant a review by you folks again. Chair: So they would have to come back, okay. Mr. Kimura: Can we totally eliminate the farm dwelling? I mean this is a two bedroom house is basically what we are looking at and them when they want to build a new farm dwelling can they come back before you with a new application for a farm dwelling? Mr. Dahilig: So what you would like them to do is... Mr. Kimura: I am just asking if it is possible. Nor. Dahilig: To have them... Mr. Kimura: Withdraw their original farm dwelling and when they I guess have the finances to, build a new farm dwelling to reapply for the farm dwelling. Mr. Dahilig: I don't see why not but they are entitled to the dwelling. Now how they chose to build it is what they are presenting before us which is converting the existing structure. Mr. Kimura: Okay so they are asking to build a...turning their garage into their farm dwelling; that is what they are requesting. Mr. Dahilig: Right, so... Mr. Kimura: So the original farm dwelling is totally eliminated. Mr. Dahill It is essentially in abeyance. That is the proper term to explain what is going on here. Mr. Blake: It is essentially what? Mr. Dahilig: It is in abeyance, that this is, I would characterize it as a gap measure for them to be able to live on the property and have their abode albeit in what is a former garage. Upon which time when they do come in for the actual farm dwelling that they would have to shut down their original abode inside the garage that has been converted and bring it back to the original use. �ence that is -vyhy it is before the Commission because it is a deviation from the original plan and they are only entitled to just one. It is hard for us to regulate how people want Planning Commission Minutes November 22,2011 10 to live and they chose to live in the garage or not live in a garage or those types of things but because it is not line with what was originally presented that is why the amendmeht before us today. Mr. Kimura: My concern is say they come iji five years from now; this dwelling is (inaudible), right, so they come in for their building permit and who is going to regulate all that? Who will regulate them not totally gutting this garage out as they come in for their building permits? In five years who is going to remember? _Mr. Dahili2: I think that is part of the enforcement mechanism when you look at condition No. I that is presented in the proposal that the certificate of occupancy has to come to us first. And then as part of that we can determine whether or not the conversion back to the garage has been completed before any certificate of occupancy is issued for the new dwelling. I completely understand the concern regarding the use of a single family dwelling as transient vacation rentals. The law is very clear on this that there is supposed to be no new ag. single family TVRs and if they were to do such a thing they would be in violation, clear violation, not to mention the fact that it is beyond the density that they are entitled to have. So that becomes an enforcement mechanism at that point. We think that proposed condition No. 1 would give us enough teeth and enough of a notice that down the line should the actual farm dwelling as proposed in the original permits be built actually is followed through with and that the conversion back to the garage would be followed through with as well. Mr. Kimura: In the past when TVR applicants came before us the planner, he stated that there are TVRs operating without permits. Mr. Dahilig: Correct. Mr. Kimura: So what is the difference with this one? If he operates without a permit, no one knows...I am not saying he will turn it into a transient vacation rental but on the North Shore it is common. Mr. Dahilig: The issues concerning TVRs anq I am sure all six Commissioners are front and center considering the agenda today as well as the volume of items that are coming forth. It is a consistent and constant enforcement battle on our end to ensure that people are operating in compliance with the law. There are people out there that do not follow the law, that choose to break the law voluntarily and are persistent in doing so and it becomes incumbent on us to research advertisements and go through the normal processes of renewal and these types of things to make sure that the people that are not entitled to such a use do not profit from their crime. And so I completely understand the skepticism on this but we think that the way that it is laid out there is enough control to ensure that only one dwelling exists at a time. Mr. Kimura: I am glad you understand my concerns. Mr. Katayama: Is the applicant here? Chair: That will be the next step. Mr. Kimura: My concern is TVR§. Chair: I would like to go ahead and...do you have a question for the planner? Mr. Blake: I have a question to clarify what has been going on across the room. We have a farm dwelling and a garage; we have an application to convert the garage into another farm dwelling. The question was does that second farm dwelling require another#'arm plan, agricultural plan and the answer is we don't know. Mr. Dahilig: I think as the planner stated earlier when this thing was initially gpproved back...earlier, it wasn't a matter of course to require these farm plans. So if the Comn�zission feels that to require such a document be crafted and provided to the department is prudent in this Planning Commission Minutes November 22,2011 11 particular case then it is certainly something that can be addressed by conditions if the Commission so chooses. Mr. Blake_ It would seem to me that it would be easy to require an agricultural plan, the question is what happens when you fma out that such a plan just sits on the shelf. Dries that mean then that we go through a procedure to jerk the ability to reside in that apartment or dwelling or whatever you want to call it? Mr. Dahilig: The follow through with ag. plans and this is an island wide issue has been raised a lot. I cannot say from a departmental standpoint that we've been persistent or consistent on the enforcement on ag. plans and I will just say that for the record. But in this particular case if the Commission is concerned about the follow through with the agriculturgl activities on the property surely if it is conditioned it could be cause for some type of CSC to fie issued considering that the property is situated on agricultural lands. So it is not without the realm of possibility that an ag. plan needs to be followed through with but it really does come as a consequence of enforcement. Mr. Blake: I agree with what Commissioner Kimura's concerns are, either we are going to have them or we are not going to have them, if we are going to have them let's make them worth something. Chair: Well this is a question of enforcement,right? I mean we just cannot subjugate one applicant; for us to review just one applicant's ag. plan. I think we need to review all ag. plans and follow up and say are they following up on their Ilans. This is a question of enforcement and I don't know if you have the staffing to do a detailed job like that but that is certainly a concern. Mr. Kimura: I just feel they should have an ag. plan and the ag. plan should be in place before anything gets done, tit for tat. Mr. Blake: And if we nevez have ag. plans we are never going to need staff. Chair: Anyway we can make that a condition if it is so desirous of the body. At this point I would like to call on the applicant please. Mr. Larry Willard: Good morning Chair and Commissioners, my name is Larry Willard. Chair: Do you have any comments in regards to your..? Mr. Willard: In regards to the ag. plan, the lower section next to the river, about 5 acres, has cattle so I have been one of the...in fact I had a tax exemption but I missed timing qn a letter so I lost thgt tax exemption. But one of the previous conditions that was in place before I purchased the property in 2006 had that in place and presently there is still cattle so if that would be considered as part of the...I think it would be considered as part of the ag. plan would be the continuation of the cattle on that property. That is in the lower area and it is 5 acres, it is fenced off for that purpose. Mr. Kimura: Mike, what is the percentage of the ag. plan for like 9 acres? What is the percentage on ag. land? I know there is a percentage I just cannot remember what it is. Mr. Jung: Well HRS 205 does not require an amount of ag. or an amount of income that is required in ag. Mr. Kimura: Amount of income? Mr. Jung: There is no specific requirement or amount it just requires that ag. be done. And I think for the purpose of this particular application what the Planning Department now does is require ag. plans for the subdivisions. Because this is an older subdivision there may not have been an ag. plan but because this is the second dwelling on a lot within the SMA, normally farm Planning Commission Minutes November 22,2011 12 dwellings don't come up to you guys but because this is in the SMA it has triggered the Planning Commission review. So if you guys do want to impose a requirement for an ag. plan I don't see a problem with it but the thing is you have to balance when you look at the ag. plan the presentation will be what type of soils there are, what type of usage of ag. can be on the property because some of these properties may be constrained by slope and whatnot. i Mr. Kimura: Cattle is fine yvith me, I didn't know he had any cattle on the property. From what was handed to us there is nothing saying anything about ag. so that was one of my concerns. Mr. Willard: I don't have a problem continuing with the cattle out there. It is in the lower, it is actually in the flood plain and that comprises...that is most of the lower I would consider more flat area of the property. Beyond that point it is rather, it slopes up Pretty fast so it would be very difficult to do a lot of farming. Mr. Kimura: How many head of cattle are you running down on those 5 acres? Mr. Willard; I think there were originally 6 and I think we are down to 5 cattle now. At the time it was a,well I look at it as being a requirement and obviously the plus for me was that tk ere was a tax exemption at that time for the first few years I had the property. But they are still there, the cattle are still there. Chair: Anyone else? Mr. Blake: Mine is just a philosophical thing, you have ag. land, you have the right to an ag. dwelling, you have a requirement for an ag. plan, you intensify the residential requirement, you intensify the ag. use. I understand that if it is the rolling hills of the (inaudible) it is easy to farm. But when you look at the (inaudible) in Koloa which produced more food I.han Hanalei Valley you know that it can be done. Now I know it takes some thinking and some application but it can be done. Mr. Raco: You concern about the ag. plan, I know one of the vehicles for that was to also contain the square footage of the ag. dwelling. When I sat on the subdivision I know that there was a vehicle there for the ag. plan to cohtain the square footage of the main dwelling, that I guess these applicants wouldn't build gentlemen farm houses, build 5,000 square foot houses on a 5 acre parcel. I know that that vehicle also tried to lower the square footage of the house and that is why if the planner has a copy of the original ADU I would like to know what the square footage of that was when it was approved. Mr. Dale: Actually the applicant probably knows that information because I believe he applied for building permits in 2001 as well but the house wasn't built. Larry, do you remember the square footage? Mr. Willard: The square footage was closet o 7.,,000, t4at is a mega home and I didn't go through that process; that was the one that developed the property. It would have beeh quite an undertaking and I think we all understand the adverse affects of the economic times and my attitude right now is less is more. I had the privilege of living here in the late 80s and I would like to return and it is a good opportunity to...the garage is 1,800 square feet and that is going to be ample for me for I think some time unless I win the lottery or something happens. Mr. Kimura: So are you willing to resubmit an application for that future farm dwelling? Mr..Willard: For the future...? Mr. Kimura: For your lottery 7,000 square foot home. Mr. Willard: At the time, if I were to go...I do not envision if I build on the bluff downstream if economic conditions prevail I will use the footprint but I will not build that type of a structure, it is just too big. I wouldn't do that. And in answer to your question Planning Commission Minutes November 22,2011 13 Commissioner when I come in to build that home at the same time certainly I could come in with a plan. Right now I think the best plan that we.have in place is just to continue the ranching. The cattle are out thefe, they are happy, a lot of feed for them and I will continue to do that. We took the necessary steps to do that, after I purchased the property we increased the area and actually installed the parameter fencing and whatnot to take care of that issue. So in essence that is part of the farming basis that is goft bn and I think this is probably the best use for that property at this present time. Mr. Raco: So just for the planner notes, as represented by the applicant I would like to fi Aher extend when we get to that point, Chair, in the recommendations, that condition No. 1 some kind of crafting occur that as represented by the applicant that if construction of the original farm dwelling shall be approved by the Planning Commission for review and approval. And I will give you time, I know we are not at that point, Chair. And I know the SMA will probably have trigger for our review but right now condition (inaudible) reads...I know we are not talking about conditions but when I read it, it.really just says the original farm dwelling approval which was approved in 2001 shall be—it is not as tight to control the square footage. Chair: Anybody else? Mr. Kgtavama: Mr. Willard,just so we are all clear on what you plans are, based on your letter to the Commission on October 11, 2011,you sort of described the situation. Would you go through that and make sure that we are all clear on how that is? And also as part of that letter you attached some general drawings specifically sheet A.2, which is the existing garage. Is that in fact what is currently there versus the pfoposed in sheet AA? Mr. Willard: Commissioner, what page are you referring to? Mr. Katayama: The cover letter, why don't you go through that, what you are really trying to do is that you have a building permit... Mr. Willard: If you see the garage plan that is the existing building the way it is configured presently. Mr. Katayama: So your second paragraph of you letter you are saying that there is a three car garage and 2 bedrooms and a wine cellar. Mr. Willard: Yes. Mr. Katayam.a: What are the two bedrooms? I am just looking at your letter, second paragraph. Mr. Willard: Well the two bedrooms would be where there was an existing actually office, exists today, there was an office on the right side and then you see that there was the wine, it is a pretty good sized wine room that he had developed. And that storage area that is where there will be another bedroom. So there is a bedroom on each end and there is one bathroom. Mr. Katgyama: So currently there are two bedrooms. Mr. Willard: Well currently there are two areas for bedrooms. There is, I wouldn't call it a bedroom, it was an office. And then incorporating the space next to the wine room it just lays out perfectly for a bedroom. It is a big garage. It is a 1,800 square foot garage so it is pretty sizable. Mr. Katayama: So really the second paragraph is not correct then. Mr. Willard: Well let me r(,-.ad that. Mr. Katayama: This is in your letter, October 1 it`. Planning Commission Minutes November 22,2011 14 Mr. Willard: That is correct. Curfently there is a three car garage and two bedrooms. It depends how you define...I would say it would be incorrect because you have an office, it is designated as an office on one side and you have an area that supported the bedroom on the other side so that is a misnomer there, that is true. We are trying to create that. Mr. Katayama: So sheet AA is what the proposal wok ld be. Mr. Willard: Yes. Mr. Katayama: So again, for my—to be sure that I have the right sequence, you are currently asking, you have a Special Use Permit for a Iarger dwelling. Mr. Willard: Yes I do. Mr. Katayama: That is now shown on the plot plan;you submitted a plot plan with that, or is that within the project site? Mr. Willard: That is within the project site. Mr. KatUyIma: So the existing Special Use Permit for the larger dwelling is in this project site? Mr. Willard: Yes it is. Mr. Katayama: So what you are asking this body to do is approve a shifting of that allowing you to occupy the garage while you build this new site and then once that is ready to be occupied you will then collapse... Mr. Willard: That is what I have agreed to do, yes. Mr. Katayama: I have lost the sequence of timing,now is that sort of eminent or is that something that you pushed off? Mr. Willard: I pushed it off due to economic conditions. It is just not the environment to move on it right now. Mr. Katayama: Thank you. Mr. Kimura: Mr. Willard, in your letter it says that you want to live in this temporary dwelling since it will take over a year to btiild your home. So are you in the process of building your home? Mr. Willard: No. If I were to move immediately on that it would take longer than that actually but my intention right now is just due to the economic restraints is just to be in a position to be where I have my home where I am living on the property and as things change I am hopeful that I can start that process. But there are a lot of things that have to take place first. Mr. Kimura: Second question, in your original garage plan you have your bathroom in your office, I am assuming that is a bathroom. Mr. Willard: No there was no bathroom in the office. Mr. Kimura: So right now tl�iere is no restrooni in your garage? Mr. Willard: That is correct. Mr. Kimura: Or is that a computer? My bad. Planning Commission Minutes November 22,2011 15 Chair: Do you have any more questions Jan? Mr. Kimura: That's it. Chair: Anybody else have any questions of the applicant? Seeing none thank.you Mr. Willard, at this point I would like to call on the public, anyone wishing to testify on this application please raise your hand. Seeing node, you already furnished your conclusion and recommendation so at this point we need to have a motion. Mr. Raco: Motion to approve. Mr. Kimura, Second. Chair: Any discussion? Mr. Raco_ So we vote on the main motion? Mr. Dahilia: There is a motion on the floor right now for approval, if there are any changes to conditions they need to be made as a motion to amend. Mr. Raco: So did the planner craft or revise No. 1? Chair: Dale do you need some time? Staff: If anything I would recommend adding to the first sentence in condition No. 1, currently the first sentence reads, planning to eliminate furthermore but it would read, "The applicant is'made aware that if the construction of the original farm dwelling which was previously approved in 2001 is pursued at a later time this rehabilitated farm dwelling shall be reconverted into the three car garage as previously approved." And I would add, "The revised plan shall be reviewed by the Planning Commission." Mr. Dahilig: If I cou,id refine that just a little further that the revised plan fpr the farm dwelling, I think that is what Commissioner Raco:was after, shall be submitted to the Planning Commission for design review. So we are just clarifying that it is design review that you are after. Mr. Raco: What would be the vehicle to evaluate the size and the square footage I guess or is there a vehicle? Staff: Before you go into that I just wanted to maybe bring to the... Mr. Raco: I know what you are going to say already. Staff: The Planning Commission's attention about the new SMA law which allows up to 7,500 square feet and that was recently passed through Act 153. Mr. Raco: So I guess it would be for design review. i Mr. Dahill : If the applicant wishes to hold onto the current permits that are under the past law certainly we can have the design review element_added in there and we can ask whether he concurs with the condition or not. But it does not preclude him necessarily to still move forward with construction of some type of dwelling in accordance with Act 153 and so those things really cannot be waived or addressed in this particular permit because it is something that he could be entitled to. And again I don't want to go any further than that other than say that the new law could apply but because this is under the old law,having the design review element in there could be added. Mr. Raco: So let me ask you this then, why would the department (inaudible)to entitle the landowner to also have the attachment to -the old dwelling unit when the applicant is coming in for this new dwelling unit and we are giving approval to his new dwelling unit? Why can't we Planning Commission Minutes November 22,2011 16 just give him approval, if he is considering this as his farm ag. dwelling then that is it,dgne. Why does the department still have to attach the original one when he is coming in with this new revised one to convert it as an ag. dwelling unit? Mr. Dahilia: I will just say that based on what the request was to the department for amendment it seemed reasonable to have again this be an interim measure for residence on the proporty as long as the rights to an hdditional dwelling were not demanded upon and such that we would require conversion back to the garage if that particular house was built as originally permitted. It didn't seem unreasonable to have it happen in this manner and from a variance standpoint it is not as if we are asking for two dwellings, I guess to have more dwellings be spawned on the property. It didn't seem unreasonable. Mr. Raco: So the representation from the applicant today, correct me if I am wrong if the applicant wants to respond,what I have heard J don't think he has any intentions to build the big 7,500 square fool house. Chair: Go ahead. Mr. Willard: Today that is not my intention. I don't know what is going to happen in the near future. Again it is really dictated by the economic conditions that exist. Is it my intention with this property to be able to build with the existing,that particular structure I don't think I would be ifite>ested. Would I use the envelope because it is in a more desirable location then yes it would be nice to be able to build. I am not too sure I would build it so...I think it would be something,my underAanding,it would be reviewed by the Planning Commission again and I don't have a problem with that. Mr. Raco: My qnly concern that I see with that is that you are trying to hold the entitlement to one, convert the garage and live in the garage as the ADU for right now, and when the economy gets better or times get a little bit better you have the entitlement to build another home. That is clearly what you are trying to...to build another home. You are trying to... Mr. Willard: I think the existing law prevails I would have that entitlement and then obviously I would then go back and retrofit again, go back and create the garage that would be needed for that structure. Mr. Raco: That goes back to my question is(inaudible) entertain to have the applicant entitle his entitlement to have his right to build a bigger house when really his applicdtion right now seems like to build and convert the garage into his house now but also keep the entitlement for future reasons. Why would the department entertain to provide that? I see it as a...if he is converting his garage through his ag. dwelling unit then that is it. Once;you use that you cannot just say oh, well what if I want to build a bigger house later? I mean he has to understand now and the applicant and the department in my opinion should either be black or white, either you want the ag. dwelling now or you want the ag. dwelling later,not both,right? Mr. Dahilig: That is a disagreement I will state on the floor from a recommen,ation standpoint that philosophically if people want to have to enjoy residential use of their iroperty we should be in a position to at try and encourage it from a productive standpoint. Now the reason why this can be distinguished is he not creating additional density on the property, he is going to be on the property,he is going to be living in a house. And then down the line if he has the money to upgrade afld build another house as long qs he is willing to fo:tego the previous density,the previous improvements to the garage and not lime ir1 it anymore it is still as if there is one farm dwelling on the property. And so it is why in approving the staff report it did not seem like an unreasonable request. Thexe are a lot of cases also,I can't pick them out specifically,but where we have done conditions where a dwelling has been converted to a guest house while the riew dwelling has been constructed. Again you want to have people on the property,if they have land have them have quiet enjoyment of their property. And so it is a legitimate&agreement Commissioner and if you are seeing it more black and white certainly it is within the prerogative of the Commission to do so. Planning Commission Minutes November 22,2011 17 t Mr. Raco: I am just afraid that it would precedent setting to say before an applicant that two years ago we gave approval to an application for his farm dwelling and his dwell,of his farm dwelling for 4,000 and now he has heard that the law says he can come up to 7,500 square feet. He could take that house that he legitimately says that is my farm dwelling and now it is going to be a barn and now I want to build a house that is 7,500 square feet. So (inaudible)this precedent setting'allowing other approved dwellings and ag. dwelling houses that already have been previously approved to come in fob amendments to say now I am going to convert my main dwelling house that was originally approved for a barn and now I am going to build this mega house for 7,500 square feet because the law allows it. Mr. Dahilia:Again it is ultimately...this is a discretionary approval,if the Commission has a demand on the landowner,wants to have him forego the right to build the larger dwelling as represented previously that is certainly within the prerogative of the Commission. �owever given the scale of what the action is being proposed as well as safeguarding condition No. 1 we did think it unreasonable but it is ultimately again' up to the Commission's dispretion-whether to demand the landowner forego that entitlement to a bigger house if he wants to go through and convert his garage in this manner. Mr. Kimura: Chair, I have a question for the applicant,hoW many family members will be residing in this slash/garage/farm dwelling? Mr. Willard: Presently it would be just myself. Mr. Kimura: If it is a temporary farm dwelling why is it necessary to have 'all those extra bedrooms? Mr. Willard: I have family members. I have children that I Would like to have visit me and it is an 1,800 square foot garage, it is a large garage. I don't think it is unreasonable to have an extra bedroom for guests. I don't want to be totally by myself. Mr. Jung: I think, Commissioners, I think just a little bit of edification on the SMA requirement. This is a CPR unit so there is a requirement that the original permit approval come up to this body for an SMA permit. The threshold of 7,500 square feet is just a requirement to bring...so if it is a single house in the SMA, tf it is over 7,500 feet then it still requires the Commission's review. So it is not that the house cannot exceed 7,500 square feet it just has to come before this body. But because this is the second or third house within this lot within the SMA it required approval by the Planning Commission per the SMA rules. Mr. Katayama: This is for the Directdr. In sort of understandigg better Commissioner Raco's point what is the downside for the landowner if we were t9 designate the current conversion as his farm dwelling if he wanted to upgrade th4t at a future date when his economics are available? How does that adversely impact that process by surrendering that designation? Mr. Dahilia: For the landowner? Mr. Katayama: Yes. Mr. Dahilig: As with anything as you gq through the permit process the desire for landowners to hold onto the entitlements is a consequence of time and money. There is a value to being able to maintain the permit. That is where you see some desire by applicants that do come into the department to amend versus forego and start a new process. And what you usually is that the original permits as permitted,the projects would then be scaled down in intensity and size because at that point it becomes more of a implementation and design review element for the department to look at it from an intensity standpoint. So for something like this particular case he wants to maintain the footprint, it may not be as massive a house, you may see more open space and Lanai and those types of things. Inevitably as you go through the design process as you start interfacing with the Building Division and also just the economics of the times you are going to have inevitable changes to the character of these structures. Planning Commission Minutes November 22,2011 18 So when we look at for instance what was represented what we are looking at again is intensity as well as the footprint and these types of things. It's again within the Commission's discretion to determine whether this amendment to the permit,there should also be a requisite foregoing of the construction of the original structure. Mr. Katayarha: I think the challenge here for this body is trying to determine how onerous giving up that entitlement will be versus agreeing for temporary relocation. Now if in the future the ability to build what he wants is so onerous, I think that is a different issue. But to have in place a temporary.farm dwelling unit pending a permanent farm dwelling unit especially if it is not in progress or in the near future,I think that timing issue is something that we need to sort of comprehend as well. If you were saying I want to do this improvement and Y am in the process of going for my building permits, I agree, landowners need to enjoy their property and use it to whatever they want to do with it. And that is where I sort of don't understand is what is that value or the cost of this entitlement. And for this body I think a farm dwelling unit is a farm dwelling unit. You can't have temporary farm dwelling units pending a permanent site unless within reason. In this case I think there is a very unique circumstance where he needs to habitat on the property and I agree with all dthose pluses. But how temporary is temporary or how permanent is temporary and I that is what I am trying to comprehend at this point. Mr. Kimura: Some of my concerns with the answers that I have been hearing,with the letter he wrote on October 11 of this year which is a little over a month ago, it says"It will take over a year to build to my home,I have decided to convert the current three car garage into rooms and a temporary residence. And then it says; "So I have enough time to build my dream homy." I mean he is saying that...when he first stated that he doesn't know when he is going to build his home because of the economy and stuff, right,but in the letter just a month ago he is telling us that, in his own words,that it will take over a year to build his home. I am a little concerned with the answers that he has given us. Mr. Willard: Ask me the questions. Again I don't know ho*to reinforce the fact that it is the economic conditions. I would(inaudible)it Would probably be at least a year bef�re I would come in before this body again to submit anything because of the economic conditions. They have been very, very difficult. I do not have a home at the present time. I have gone through a divorce situation at the present time. I would like to come back to this island and live here. That property,it is upside down so to speak, economically,even with the dwelling that I need to hkve for myself. At a future time I would like tq recover value by being able to build a nicer home on that property. Not the kind of home that is being built across the river,that mega structure, but I want to have that opportunity to recover and to have value on my property. I would hope that I would get an agreement from the Commission to allow nle to have that opportunity. It is a difficult situation that we are in and it is delicate, it is a little different for me but I am trying to do the best that I can. I think the best that I can do now is to take that existing structure and to create a little home for me at this time. That is what I am hopeful of. And at a future date then I will hopefully have the opportunity to create the home that I would like to have in the best location on the property which was created some time ago. Chair: Mr. Willard, condition No. 1 states that the dwelling shall be reconverted into a three car garage as previously approved. So that being said,if you decide to build your dream home would you be willing to knock down your walls and convert that into a three car garage? Mr. Willard: Yes sir,that is a condition that I have agreed to. Chair: That would cost you a few dollars just to do that then,to restructure and to knock walls, etc. Mr. Willard: It would be very few dollars considering the value that I would be able to have when I can build that home. Chair: And you would be willing to spend those kinds of dollars.... Mr. Willard: Of course,yes sir that is what I have agreed to. Planning Commission Minutes November 22,2011 19 Mr. Kimura: I still vyould like to...I'm sorry,I was going to make another condition. Chair: We are still on the first condition, do we want to amend it any further or do you want to read the condition as we have modified it? Could you go ahead and do that so we can see if the Commissioners agree with that? Staff: I guess based on the discussions what I have gathered condition 1 would read, "The applicant is made aware that if thF construction of the original farm dwelling which was previously approved in 2001 is pursued at a later time this rehabilitated farm dwelling shall be reconverted into the throe car garage as previously approved. If the farm dwelling is pursued the revised plan for the farm dwelling shall be submitted to the Planning Commission for design review approval. Additionally the certificate of occupancy for the original farm dwelling shall not be issued until the applicant has completed the conversion and after an inspection is conducted by the Planning Department." Mr. Dahilia: Mr. Chair,I do want to just add one more comment just to dovetail on Commissioner Katayama's comments regarding this particular application. From a broader sense what the great recession has shown in the context of permit enforcement is th4t we have a lot of open ended permits that do equate to essentially a land banking type of situation and it is something th4t we would like to curb. And so hearing the Commissioner's comments it may be prudent io require construction of the main farm dwelling within x amount of time and maybe not leave it open ended but say for a period of five years that this particular conversion be allowed to continue for a five year period. I just throw that out there for discussion purposes for the Commission. Mr. Raco: I wouldn't be opposed on giving time. In time, we know that this original application w4s in 2001;probably the bottom of the economic time and this is 2012 which he obviously states that the economy is now what it is. But he had his time,from 2001 to 2012,the beginning to the economy to the peak of the economy and now going down to they bottom of the economy. I actually would entertain a two year cap for his farm dwelling that if he dobsn't build his mansion in twb years then it is considered that this application that we see here is his farm dwelling. That is what I would entertain so that...if the year wasn't 2001 and say it was 2005 or something in the middle of the boom economy time it would look a little bit different but this application had twelve years,ten years to be fruition. Chair: I will suspend this motion and give you a chance to respond to that. Mr. Willard: I would like to. I did not acquire this property... from 2001 it wiiS the original developer Moyer or whatever his name was. I purchased this property toward the later part of 2006. I understand where you are coming from. For that long period of time it was not in my possession,the property. I got in at the time when the economies started to...within a year or two started really sliding and have been greatly impacted by it so I would just really hope you would consider that kind of a situation where there are certain things that happened beyond our control. And certainly I think we haire all been affected by the economy and it has been a good one, it has been a tough one. So for me to recover and to even be in a position to be limited to two years; I would hate to be a position where I cannot...I have a lot of recapturing to do with what has happened over the last few years. It is going to be very difficult. Hopefully I can but I would like to be able to have at least that home and if I can recover through vrhat has happened then I would like to be able to build another house. But I would bate to be limited to saying you are going to have to build this home in two years or you are going to lose this that is a tough call. I think that is unreasonable, for me it would be very unreasonable sir, in all due respect. Mr. Kimura: Again, going back to your letter,you are saying one year and in the same breath you said it will probably take about two years. Caven is asking for two years. So say in three years? That would be nine years that you owned the property. Planning Commission Minutes November 22,2011 20 _Mr. Willard: It would be,that is correct and I think we have been in a downslide for almost that period of time in this economy. I don't know what crystal ball we look at but some people think we are going to be out of it in a couple years, some people say it might be five years, I don't know. The only thing I know is I have been greatly impacted. The other thing I do know is it has been a real burden for me to keep the property and to maintain the property and the best thing for me to do is to reside in that property and I have the opportunity over a period of time to do that. So I am sorry that it appears that I am going to build in a year;that was not the way it should have been addressed. That is hopeful thinking, if things change then I might be able to do that but I don't have a handle on that right noW. I don't think any of us do as far as this economy goes. But I understand where you are coming from. Mr. Kimura: I undelstand that but you have to take into consideration that if we do allow it we are allowing you to live on the property. We can just say no and that is the end of that. Again I am going back tit for tat. We are allowing you to, if we accept this application we are allowing you to live there turning your garage into a farm dwelling and you are just asking for more than what you are coming in for. We are trying to put a condition on there that Nve allow you to stay there for two years and we are giving you a helping hand in effect. And I don't think that is asking too much,two,maybe three years to put a deadline on your temporary farm dwelling. Mr. Jung: I think,Commissioners,just for clarification again this is an SMA pei7nit so the idea of{he SMA permit is to look at mitigation that may be imposed on the Special Management Atea. So he is entitled to the farm dwelling unit but the SMA permit is to look at mitigation so just bear that in mind when you are decision making. And based on Mike's commentary about five years, if the conversion dues not happen within a certain period of time should you impose that five years then thine is always the possibility to apply, reapply for an SMA permit. Mr. Raco: Did you understand that? Mr. Willard: Yes I understand. Mr. Raco: Did you understand that clearly that if there is a time limit that you go over, say I would be prosing a two year time limit, if for any circumstances it is your legal right that you can reapply for the whole entire permit. So it is not a...it is a give and take here and I think if you go over your two years and you don't build your dream house your right is still there that you can still apply as the County Attorney said for a new SMA permit. Mr. Willard: I would respectfully request a little more than two years,respectfidiy. Mr. Raco: We are just trying to find ways to meet uporl and it is not all take or giv6. Mr. Willard: I understand. Mr. Raco: It is a give and take position. I am trying to encourage you to build your house and help us all in this economy to get wherever you can. But I think from what the County Attorney said,his legal right to apply is there still after the two years if he wants to. Ms. Matsumoto: If it is not two years is a reasonable time? Mr. Willard: Well again it is all crystal balls at this point but if I had even three to five years it I would be more comfortable with it because the undertaking of the major home, it is a big undertaking and my conditions have to phange a fair ainbunt to do that,to be able to do That. And I am hopeful that it will but again I just, we all just don't understand where this economy is going. I see it here on the island too,it is difficult. Mr. Dahilig: I just want to make one more comment. We are all affected by this great recession but unfortunately when we look at land use law and permitting we try to steer away from our-recommendations in using economic circumstances as a means to prolong or to adjust conditions. Again we look at within the realm of creating land use regulations and land use Planning Commission Minutes November 22,2011 21 enforcement. In as much as everybody has been affected by the economy it is generally practice for us to use that as a primary considerati€in in providing accommodations in how we regulate land use. So I just wanted to put that out there because we all have that element of empathy here but I just wanted to state where we are coming from in this recommendation. Chair: Thank you, at this point I would like to reconvene the discussions so we are on amending condition No. 1. N.1r. Jung Chair, actually there is a motion to approve on the fl?or but no motion to amend yet. Chair: So you suggest we make a motion to amend. Mr. Jung: It is up to you guys. Mr. Raco: I think we are crafting the motion, right? Can you read the condition so I can make a motion? Staff. Basically the revision would be adding a sentence after the first sentence in condition 1, so at the very end of the first sentence which is"previously approved", then it would read"the revised plan for the farm dwelling shall be submitted to the Planning Commission for design review approval". Then it would continue on to, "Additionally, the certificate of occupancy,"and complete the whole condition. Mr. Raco: I thought we had a time limit in there. Staff: That was thrown out just for discussion purposes. Mr. Raco: (Inaudible) I would like to throw in a time frame. Mr. Jung: What is your time frame? Mr. Raco: Two years. Chair: I would like to... Mr. Raco: And that would be up for discussion I guess. I would say two years. Chair: I would suggest three years, two years just seems like it is a little bit tight but that is up for discussion. Ms. Matsumoto: Are we discussing now? Chair: Yes, right now. Ms. Matsumoto: I am in favor more of the three year. Chair: Additional time, so three years. Mr. Raco: I am okay with three years if the body wants to go with three years. Chair: That is what I am trying to determine,what the body would like. Mr. Kimura: I am just happy with some kind of time limit. Chair: Wayne? Mr. Katayama: This is really a question for the County Attorney but before I ask that question I think a longer duration would be mdre appropriate in this case. One is that he can Planning Commission Minutes November 22,2011 22 establish intent and secondly it doesn't seem that the applicant is prepared to go in a short time so I think it becomes sort of academic if we put a shorter time on it. It is riot going to,happen. But my question for the County Attorney is the reapplication for the permit,isn't,that a surrendering of entitlement? Mr. Jung: In effect it would be, yes, because once they reapply then they are resubmitting themselves to the process. Mr. Katayama: That is the balance we want to encourage the landowner to use his land as he best sees fit. I think what we want to do it is again balance the horizon here. Mr. Jung: But bear in mind as well if there is a change to the original permit based on what the floor and site plan looks like then they would still have to come before the body... Mr. Katayama: That is okay and I think again the landowner has the ability to use his land as best fits. If the times change or the conditions change or the financing or economy or whatever it is, whatever changes they are, I think you can allow him to do that. But again I think what we are trying to do is balance the cost or value of the entitlement versus keeping the intent of the permit or the.farm dwelling approval process. And so we don't want the horizon to be way out there but something reasonable because of these conditions. Chair: So what is reasonable? Mr. Katayama: Five years. Chair: Five years is reasonable for you. Mr. Blake? I am just asking everybody their opinion in terms of if they are granted two, three, or five years. I just granted to get your input. Mr. Raco said two, I said three, Mr. Katayama said five. Mr. Blake: I am with Jan. Chair: So you are just happy to have some kind of... Mr. Kimura: I will go with three. Mr. Jung: Commissioners, I understand your need to get a consensus but I think for the full discussion to go on there should be a motion so if someone wants to make a.motion. If Dale, you want to read the proposed condition and if someone wants to make a motion with the number of years I think that would be... Staff. Actually I do have some language. At the end of this condition insert additional language and it would read, "The construction of the original farm dwelling shall commence within so many years"... Mr. Raco: Three years. Staff. So let's say three, "within three years from the approval date of this amended permit". So again I will read it, "The construction of the original farm dwelling shall commence within three years from the approval date of this amended permit". Mr. Raco: So I motion to move as read by the planner. Mr. Kimura: Second. Chair: Any discussion on that proposed amendment as read? Mr. Willard before I call for the final vote on this amendment how do you feel about the three year extension? I just want to give your opinion on the three year extension. Mr. Willard: I would prefer the five but I will live with it. Planning Commission Minutes November 22,2011 23 Chair: Thank you. Mr. Kimura: I would like to make dnother condition. Mr. Jung: There has to b�a vote on the motion as read. Chair: Could we have roll call on this please. On motion made by Caven Raco and seeonded by Jan Kimura, to amend condition No. 1, motion carried by the following roll call vote: Ayes: Blake, Kimura,Raco, Matsumoto,Texeira -5 'Noes: Katayama -1 Absent: None -0 Not Voting: Vacant -1 Chair: Any other conditions we wish to amend? Mr. Kimura_ I would like to add a condition that we have some kind of farm plan before the main farm dwelling is built. Chair: That would be condition No. 4, some kind of agricultural plan. Before we get to that(inaudible) about No. 3? Okay fine so those are standard conditions so I don't think we need to amend those conditions so just proposed condition No; 4 which is to create an agricultural plan,right? Is that the wording we want to u$e? Mr. Dahilig: Commissioners I would propose this language as an additional 4, "An agricultural plan shall be submitted to the Planning Department before occupancy of the original dwelling". Mr. Kimura: That will work for me. Chair: Could you repeat that again one more time? Mr. Dahilig: "An agricultural plan shall be submitted to the Planning Department before occupancy of the original dwelling". Chair: Okay fine, I need a motion. Mr. Kimura: I'Il make a motion as read by the Director. Mr. Raco: Second. Chair: Any discussion, roll call again please. On motion made by Jan Kimura rind seconded by Caven Raco; to add condition No. 4, motion carried by the following roll call vote: Ayes: Blake, Kimura, Raco, Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -I Chair: Now we can get back to the main motion and that is to approve as amended. We need a motion. Mr. Kimura: So moved. Planning Commission Minutes November 22,2011 24 Chair: S61ry, my fault, I would like to have a roll call please on the motion as amended. 6n motion made by Caven Raco and seconded by Jan Kimura, to approve staff recommendation as amended, motion carried by the following roll call vote? Ayes: Blake, Kimura, Raco, Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -1 Commission recessed at 11:14 a.m. Meeting called back to order at 11:33 a...in. Chair: I would like to propose a motion to take from the table item A.1 because originally we tabled that. Mr. Kimura: So moved. Mr. Blake: Second. Chair: Any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Jan Kimura and seconded by Hartwell Blake, to bring item A.1 back to the floor, motion carried unanimously by voice vote. Chair: So we need a motion. Mr. Raco: Motion to approve request to amend Special Permit SP-99-2 and Use Permit U-99-10 and Class IV Zoning Permit Z-IV-99-6, TMK: 5-3-001:002. Mr. Kimura: Second. Chair: Any discussion? Mr. Dahilig: Commissioners, during the interim our planner has taken a look at an additional condition to Address Commissioner Matsumoto's concerns concerning safety and maybe you would like to read it. Staff Kaaina Hull: Just to clarify, staff researched the issue of aircraft safety pertinent to the or concerning the zip-lining facilities and in fact on the other zip-lining facilities that came before this Commission the Commission was informed that the Fire Department generally handles those concerns and requires a notification of the Department of Transportation Airports Division. And under that iii fact no other conditions to that affect were imposed on those applications however the department does have language if the Commission wishes to impose such a condition on this application. Ms. Matsumoto: Could we hear the language? Staff. It would be for essentially to add condition No. 10 which would state, "Within fourteen days of approval of the subject permits the applicant shall notify the Department of Transportation Airports Division of the location of the respective zip-lining facilities. Within thirty days of approval the applicant shall fie with the Planning Department an affidavit as to the mailing or delivery of said notification." Chair: So we need a motion to approve condition 10. Mr. Kimura: We are going to ask the applicant to come up? Planning Commission Minutes November 22,2011 25 Chair: Would the applicant please come up? Mr. Youn, you heard condition No.10. Mr. Youn: Yes I did. Chair: How do you feel about it? Mr. Youn: We will deliver your Christmas present on December 22"a Chair: Thank you, with that in mind I will go ahead and ask for a motion to amend. Ms. Matsumoto: Move to include that amendment as read. Mr. Kimura: Second. Chair: Any discussion on condition No. 10, if not could we have roll call please? On motion made by Camilla Matsumoto and seconded by Jan Kimura, to add condition No. 10, motion carried unanimously by the following roll call vote: Ayes: Blake, Kimura, Raco, Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -1 Chair: We are back to the main motion. We h4ye a motion already so we need a roll call on the main motion to approve as amended. On motion made by Caven Raco and seconded by Jan Kimura, to approve staff recommendation as amended, motion carried by the following roll call vote: Ayes: Blake, Kimura, Raco, Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -1. SVBDIVSION Mr. Kimura: Committee members present myself and Commissioner Matsumoto, general business none, communications none, unf nished busint ss none. New business,tentative subdivision extension request, S-2005-39, Visionary LLC, TMK: 3-6-002:001, approved 2-0. Tentative subdivision extension request, S-2005-41, Visionary LLC, TMK: 3-6-002:001, approved 2-0. Chair: Thank you, can I have a motion to approve or disapprove? Ms. Matsumoto: Move to approve. Mr. Kimura: Second. Chair: Any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve Subdivisnon Committee Report, motion carried upanimopsly by voice vote. UNFINISHED BUSINESS Special Permit SP-2011-12 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Waiakalud, Kilauea,Kauai, approx. 3,300 ft. southwest of the Waiakalua Street and K lhi`o Highway intersection further identified as Tax Map Key 5-1-5:37 knit 1) and containing Planning Commission Minutes November 22,2011 26 area of 2.265 acres of a 10.495 parcel=Eleanor&.Alan Arita. [Hearings Officer Special Meetin Public Hearing held 11/18/11. Supplemental Director's Report pertaining to this matter. Staff Mike Laureta: Commissioners, I would like to take this opportunity to introduce you to this third generation of a staff report template. So if you can just thumb through it you will see how it has been moved away from an evaluative type or report and is now placed into a table type of report and you can see what is specific to the application and what is standard to your decision making. And in all instances especially as you get down towards the evaluation section you'll see that all the conditions are standard except for one or two which will be site specific. So as an example the last Commission meeting, concerns were expressed by the Commission regarding vehicular parking which is condition 10, you will notice that this is now standard, 10 which would be, "including maintenance vehicles at all times parked on the property". And your welcome notice will also be included in your contracts and adverti;ernents, that is standard. The only conditions that may differ would be denoted as site specific and that would be coming towards either requiring additional agriculture or use of a guest cottage or dwelling unit as an accessory. They will come towards the end of the report and it will have that site specific type of notation. For this application, Eleanor and Alan Arita, it is a CPR, they have approval from the other owners. It is in east Waiakalua, Kilauea. And as noted in the staff report as of August 16 there are a total of 30 applications for TVRs in Kilauea on State Land Use Ag. lands of approximately 81 total applications. The period in which to submit such applications sunset on August 16, 2011, to 4ate one permit has been approved by the Planning Commission in Kilauea so far. At the public hearing there was no adverse testimony from the neighborhood. The applicant reiterated the information contained in their application and there being no further discussion the hearings officer closed the hearing and what follows is...oh, and based on the Planning Department's inspection of the property at this time there are not zoning and building violations. So the recommendation then is, conclusion and recommendation is attached but I will take questions now. Chair: Thank you Mr. Laureta. Are there any questions of the planner? Mr. Kimura: How many units are on the property now? Staff Four units, CPR,that would be on the ownership information. There are other houses on that parcel but in this unit there... Mr. Kimura: CPR unit. Staff. CPR unit, there is one house and adjustments were made to the garage which now brought it into conformance. Mr. Kimura: There are two units, I nleari two livable units on there. Staff: Two structures, no, two structures, one residence. The garage is now a garage. Mr. Kimura: Okay. Chair: Any further questions of Mr. Laureta? _Mr. Blake: I have one suggestion and that is if we are going to move towards, more and more towards this type of report as the TVR situation maiures that the pages be numbered for ease of reference. Staff. They are numbered but because it is back to back upside down to front side... Mr. Raco: The applicant's exhibits I guess. Planning Commission Minutes November 22,2011 27 Staff. Oh, I see, okay. Mr. Raco: If you could mention to the applicants. Staff: Okay. Chair: We will mention it when the applicants come up. Mr. Raco: Chair, the CPR map that they did here is only a partial. Does it need to leave the entire map so we would know how many units there are? If you could make that a recommendation too. Staff. Okay. Chair: Would you want that enlarged? Mr..Raco: It is part of their application. Staff: Yes this map Game from their application. Mr. Raco: This small on right here. Chair: It has been duly noted, anyone else? If not I would like to call on the applicant's representative to come up please. Ms. Laurel Loo: Good morning Mr. Chairman and Commissioners, Director Dahilig and Mr. Jurig,thank you, Laurel Loo for the applicants Eleanor and Alan Arita. Chair: You don't have any further comments? Ms. Loo: Nothing to add I just wanted to thank the department for making a painful process very transparent. Mr. Laureta has been really helpful to work with; he has returned every phone call, responded to every email so he made it easy. Chair: ThAnk you for that complimentary statement. Ms. Loo: Yes, it rare that he gets compliments. Chair. Are there any questions for the applicant's representative? Mr. Katayama: What is the scope of the farm activity? Ms. Loa: It is primarily...it is not commercial it is primarily for use of the guests. And if you will look at the reviews towards the second third of the paperwork you will see that all of the guests were able to use the fruit and... Mr. Katayama: Where are you? Ms. Loo: I am looking at the report, the supplemental report. The traveler reviews, all of them carhmented about the ability to use the fruit and the tropical vegetation but it is primarily for use of the guests, the owners, the owner's son that lives on Kauai and given to neighbors and friends if there is any extra fruit. Mr. KatUama: Do they file a schedule F? Ms. Loo: I don't believe they file a schedule F but they did provide the other tax information to Mr. Laureta. Planning Commission Minati s November 22,2011 28 Mr. Katayama: It is very complete, thank you. Chair: Anyone else? If no one else, thank you. Although we closed the public hearing we can open it up for any comments from the public, anyone wishing to make any comments at this time please come forward. Seeing none, Mr. Laureta, we already gave our final conclusion and recommendation correct? Staff I believe so but wait, let me find it, the staff report and the conditions of approval, yes, was presented to you. Chair: So we need no further information, is the Commission ready to make a motion? Mr. Blake: Move to accept and approve. Ms. Matsumoto: Second. Chair: Any discussion? Mr. Kataya a: On condition 20,what is the reason for that? Staff. The garage was functioning as a part time residential unit, interior improvements had been provided and when the inspector conducted his inspection and noted it in the inspection report attached to the staff report, we brought that to the attention of the owner and we asked them to remedy the situation quickly which they did. And you can see by the attached photos how quickly the remedied the situation. The photographs show in a supplementary inspection by the department reflected that everything was removed, the wet bar. I think if you turn to the page right before the website, before exhibit,5,there are photographs of what was converted and the wet bar use was turned into a utility sink, the garage is now a garage and the covered Lana`i which was built without permits was removed entirely. So it is now existing as was approved by permits. Chair: Very good, any other questions? If there is no further discussion I would like to call for the vote please, roll call. F On motion made by Hartwell Blake and seconded by Camilla Matsumoto, to approve staff recommendation, motion carried by the following roll vote: Ayes: Blake, Kimura, Raco, Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -1 Special Permit SP-2011-14 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No 904, in Kalihikai (`Anini), Kauai,mauka of and adjacent to `Anini Road, approx. 1,100 ft. east of the `Anini Beach Park, further identified as Tax Map Key 5-3-4:26 (Unit 1), and containing an'.area of 18,000 sq. ft. of a 47,700 sq.. ft. parcel=Diane &Roy Garrison. jHearings Officer Special Meeting Public Hearing held on 11/18/11.1. Supplemental Director's Report pertaining to this matter. Staff Planner Mike Laureta: The ownership information, this is Unit 1 of a 2 Unit CPR. The applicant has the necessary authorization to make the application. The other CPR unit m owner has already received approval by the Comission for a transient vacation rental. It is located in Kalihikai, `Anini, the property is 18`,000 square feet. Existing agriculture on this 18,000 square foot is they have bread fruit, 1 mango, 4 citrus, 20 banana, 1 avocado, 2 stdr fruit, 20 papaya, 160 palms, 50 tea plants, Iilikoi and halekonias. An inspection was done by the department, no zoning or use violations existed. In the public hearing no adverse testimony from the surrounding neighborhood,the applicant reiterated the information in their application, there Planning Commission Minutes November 22,2011 29 being no further discussion the hearings officer closed the public hearing. And'on page 5 of the staff report as noted earlier as of August 16 there are a total of 25 applications for TVks in' the Kalihikai tp Kalihiwai region on State Land Use Ag. lands out of approximately 81 total applications. Toe period in which to submit such application sunset on August 16,the Planning Commission has approved 3 TVR applications in this region to date, Linda Cunningham, Torey/Cory LLC, and William and Mary Ellen Turk and I am open to questions. Chair: Any Commissioners have any questions of Mr. �_aureta? Seeing none I would like to call on the applicant's representative please. Ms. Laurel Loo: Thank you Mr. Chairman, again Laurel Loo for the applicants,the Garrison Family Trust. The Garrisons are here in the audience if you have any questions. Mr. Kimura: I have a question. Is that property encroaching oz's any part of the County property say in the hedges, fence, anything like that? Ms. Loo: We are not aware of any encroachments, we haven't been informed of ahy encroachments. Mr. Kimura: Is the applicant here? Ms. Loo: Yes. This is Diane Garrison, one of the trustees of the Trust that owns the property. Ms. Garrison: There are no encroachments that I know of We are out of the right-of- way with plantings and so forth. Mr. Kimura: I would like to make a condition later on. Chair: Anyone else wishing to speak to the applicant's representative? Seeing none, anyone from the public,wishing to speak on this agenda item.? Seeing none, as you said Mike you already did your conclusion and recommendation so we are open for a motion. Mr. Blake: Move to accept and approve. Ms. Matsumoto: Second. Chair: Discussion? d Mr. Kimura: I want to make a condition. I want to make a condition that if they are using any part of the County property that the Use Permit does not commence until all plants or fence is taken away if they are using it without their knowledge. Laurel, is that acceptable? Ms. Loo: If there are any encroachments of course they will be removed but I think that is superfluous because County regulations already require any trespassers or encroachers to remedy the situation. If there are any obviously of course we will move them. Mr. Kimura: Well there was one at the last meeting that we found at later that they were encroaching on County property so I just want to make sure that it doesn't continue on. Ms. Loo: Right and that is a violation of our County ordinances so the landowner is responsible for removing that. Chair: So we could include that condition. Ms. Loo: Well if you are going to include it I would suggest you include it in all the vacation rentals. Mr. Kimura: That is my intent. Planning Commission Minutes November 22,2011 30 Mr.-III= As we discussed in the last meeting the issue is a Department of Public Works issue but should you want to impose a condition it is up to this body. Mr. Kimura: I would like to impose it as a condition. Mr. hm : But it is automatic by function of law. Mr. Kimura: Yes I know but I still would like to impose it as a condition. Chair: Mr. Kimura is proposing condition No. 20. Do you need some time? Mr. Dahilig: Let me propose this as an additional condition. "The applicant is reminded any encroachments on public land must be removed without prior approval of that public agency unless there is..." So again it would say"The applicant is reminded that any encroachments on public land must be removed unless there is prior approval from that public agency." Chair: Does that meet with your...? Mr. Kimura: Not particularly. Mr. Jung. Let me try to break it down again. It is up to the County Engineer to make that decision if he wants whatever the encroachment...because what if the County wants a particular plant that may be encroaching on its property or a particular tree that is splitting the property line. So you want an element of discretion that the County Engineer... Mr. Kimura: Yes, on the property line. Mr. Jung: Right, Mr. Kimura: On their property line. Mr.-Lg& Well it could be split. I mean trees can grow... Mr. Kimura: I am talking about on the property line not 6 feet to the County property line. Do you know what I am saying? Mr. Dahilig: In that circumstance there are setback requirements and other types of things that come into play. I think it is really...our department does not hold title to any land... Mr. Kimura: But I can make a condition for them before they can get their Use permit is that correct? Mr. Dahilig: Certainly and so when you are looking at not only the Department of Public Works but you have the Water Departi#ent as well as the Parks Department that holds jurisdiction over land management that from a County standpoint it would be appropriate to have that agency make the determination whether an encroachment is in violation of the law and for them to enforce it. And it terms of how vve are doing it as a condition we wouldn't want to supplant ourselves for the responsibility of the other land managing agencies of the County. Mr. Kimura: So I will make a motion to approve as read by the Director. Chair: Before we do that we neiwd a motion to amend. Mr. Dahilig: That is the motion on the floor. Chair: Sorry, as read by the Planning Director, is there a second to that motion? Ms. Matsumoto: Second. Planning Commission Minutes November 22,2011 31 Chair: Any discussion on the motion, could I have roll call please. On motion made by Jan Kimura and seconded by Camilla Matsumo$o, to add condition No. 20, motion carried by the following roll call vote: Ayes: Blake, Kimura, Raco, Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -1 r Chair: We are back to the main motion as amended, roll call. On motion made by Hartwell Blake and seconded by Camilla Matsumoto, to approve staff recomme:hdation as amended, motion carried by the following roll call vote: Ayes: Blake, Kimura, Raco, Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -1 Commission recessed for lunch at 11:58 a.m. Meeting called back to order at 1:07 p.m. Special Permit SP-2011-20 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904 in Kalihikai f`Anini , Kaua`i, mauka of and adjacent to `Ahini Road approx. 870 ft east of the `Anini Beach Park. further identified as Tax"lap Key 5=3-4:7 and containing a parcel area of 11,200 sq. ft._=Mark Smith &Laurel Cleary. [Hearings Officer Special Meeting Public Hearing held 1 1/18/11.1 SUpletnental Director's Report pertaining to this matter. Staff Planner Mike Laureta: I will give you a synopsis of the application Mark Smith/Laurel Cleary and Charles Foster is the applicant's representative. This is a parcel of record and not a CPR, Kalihikai; the property is 11,200 square feet. There is some agricultural plantings on the property, 12 coconut trees and I mango tree which is reflected on exhibit 3. A recent Planning Department inspection did not find any violations, zoning or use violations. Internet advertising, the property is known as Nohokai. The public hearing of November 19, there was no adverse public testimony from the surrounding neighborhood. The applicant reiterated the information contained in the application and there being no further discussion the hearings officer closed the pudic hearing. Total number of applications in Kalihikai/Kalihiwai as of August 16, there were 25 total out of 81 and to date with activity conducted this morning the Planning Commission has approved 4 TVR applications in this region, Linda Cunningham, Torey/Cory, William and Mary Ellen Turk and Diane and Roy Garrison today. I am open to questions. Chair: We have heard the planning report; any of the Commissioners wish to ask 4ny questions pertaining to this report? Seeing none I would like to call on the applicant's representative. Mr. Charles Foster: Good afternoon Commission, Charlie Foster for the applicant and he is here if we have any questions. Mr. Foster you have see the report and you have no, as you didn't have at the hearing... Mr. Foster: Correct, we have no objections to any of the conditions. Chair: So nothing has changed. Planning Commission Minutes November 22,2011 32 Mr. Foster: That is right, nothing has chang6d. Chair: Okay, fine. Mr. Kimura: Does your client know if they are imposing on County property? Mr. Foster: I am sorry, whether they are imposing on County property? No, they are not. It is a small lot, a house lot and fairly straight boundary lines and they are within those. Mr. Kimura: So they are not imposing on County property along `Anini Beach Load. Mr. Foster: Right. Chair: Anyone else? Seeing none, thank you Mr. Foster, I would like to call on anyone from the public wishing to speak or testify on this application please come forward. Seein none, dgamMr. Laureta, you provided your conclusion and recommendation already, anything else you wish to add? Staff. Just to bring the Commission's attention to one of the site specific conditions of approval is No. 19 requiring additional agriculture through an agricultural plan and staff would propose adding condition 21 which is what the Commission had discussed earlier for the Garrison application. Chair: So Mr. Foster, condition No 21 again will be imposed for this application. Do you have any problems or any concerns with condition 21 sir? Mr. Foster: No we have no problet ris with that. Mr. Dahilig. And just to clarify that is regarding the encroachments,right? Mr. Foster: That is correct. Chair: So just for the Commission's edification we do have a condition No. 21 that I assume will be used for a broiler plate, it will be used for all of the standard applications going forward. Mr. Blake: A geographic question, Kalihiwai goes to the river; Kalihiwai is west of the river. Staff. Actually the Kalihiwai region goes past what is called the `Anini Road, taking the right, right off of Kihi`6 Highway, the minute you take a right and start dropping down that is part of Kalihiwai. Mr. Blake: Right and Kalihikai is... Staff. A couple hundred feet north of that. Mr. Blake: And `Anini is... Staff: Kalihikai. Mr. Blake: So `Anini and Kalihikai are the same thing. Staff. The same. So for historical references I say it is Kalihikai and in parentheses it's `Anini but I will dropping that pretty soon so the proper reference for that region is Kalihikai and then Kalihiwai. Planning Commission Minutes November 22,2011 33 Chair: Mr. Laureta, on the same lines, so if you take a right, the right fork going back to Kalihiwai Stream is that part of...what is that? Staff. Kalihiwai. Chair: Kalihiwai too. Staff: Yes. Chair: We are open to a motion. Mr. Blake: Move to accept and approve. Ms. Matsumoto: Second. Chair: Any discussion? Mr. Kimura: Yes, I would like to make the same condition as I did with the last applicant. Mr. Dahilig: We are proposing it as read and the applicant has concurred with the inclusion of that. Mr. Kimura.: So is that...do I have to make a motion on every one of these? Mr. Dahilig: For the fallowing next few we will read it as a condition and we will present it that way. Mr. Kimura: Thank you. Chair: So we have had discussion, could we have roll call please. On motion made by Hartwell Blake and seconded by Camilla Matsumoto, to approve staff recommendation as amended, motion carried by the following roll call vote: Ayes: Blake, Kimura, Raco. Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -I Special Permit SP-2011-19 to perinit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Kalihiwai Kauai approx. 950 ft. east of KiiHa Hi�hwa and `Anini Road (Old Kuhi`a Highway) intersection, further identified as Tax Map Key 5-3-3:49 {Unit Al and containing a unit area .267 acre of a.590 acre parcel=Steve & Eileen Kulis. Supplemental Director's Report pertaining to this matter. Staff Planner Mike Laureta: Steve and Eileen Kuljis, Charles Foster is the applicant's representative,this is a CPR unit and they have authorization to make this application. It is in Kalihiwai, Unit A is .267 acres of an overall parcel, .590. There is some agricultural activity occurring on the property, it does have some slope constraints but the agricultural efforts can be expanded of-. The Planning Department conducted an inspection of the property and found no zoning or use violations. Internet advertising, Blue `Anini Vista,public hearing, no adverse public testimony froth surrounding neighborhood was received or submitted. The applicant reiterated the information contained in their application and there being no further discussion the hearings officer closed the public haring. The synopsis for the region specific is Kalihikai and Kalihiwai region, 25 out of 81 total applications and to date 5 have been approved. The evaluation is attached.and is has been standardized to what has been presented to tie Planning Commission Minutes November 22.2011 34 Commission. The only conditions I would note for the Commission would be condition 19, again, is to implement an ag. plan to increase or supplement the activities and addition of condition 21 which is the encroachment condition. I am open to questions. Chair: Thank you Mr. Laureta, any Commissioners have any questions of the planner? Seeing none I would like to call on the applicant's representative please. Mr. Foster: Good afternoon, Charlie Foster for the applicant, he is also is present in case there are any questions. We have gone over the conditions. We have no objections including the new condition on encroachment that would be No. 21 in this application as well. Chair: Thank you Mr. Foster. Any Commissioners have any questions bf the applicant's representative? Mr: Kimura' Is that two house:; on that property? Mr. Foster: There are two CPR 1}ts and there is a house on each. Mr. Kimura: Do you own the two houses? Mr. Foster: Just one. Chair: Any other questions? If not, thank you Mr. Foster. Again I would like to call on the public, anybody wishing to testify on this application please come forward. Seeing none, Mr. Laureta, anything you want to add to your conclusion and recommendation? Staff. Commissioner Jan; you got exhibit 2? Just to clarify his question. Mr. Kimura: Yes. Chair: So are you comfortable with that? Mr. Kimura: Yes sir. Chair: I would like to ask the Commissioners to entertain a motion at this Time. Mr. Katayama (Inaudible). Mr. Jung: Commissioner, you have to clarify your motion, is it move to just accept or move to accept and approve? Mr. Katayama: And approve. Ms. Matsumoto: Second. Chair: Any discussion, no discussion, roll call please. On motion made by Wayne Katayama and seconded by Camilla Matsumoto, to approve staff'recommendation, motion carried by the following roll call vote: Ayes: Blake, Kimura, Raco, Katayama, Matsumoto, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Vacant -1 Special Permit SP-2011-21 to permit use of ari existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No 904 in Moloa`a, Kauai, gpprox. 2,650 ft. northeast of the Old K ihi`o Highwa and Moloa`a Road Planning Commission Minutes November 22,2011 35 intersection, further identified as Tax Map Key 4=9-13:1 (Unit A aka"Gilli ans") and containing a unit area of 16,407 sq. ft. of a 31,246 sq. ft. parcel =Aldo & LisitAlbertoni. IU earings Officer Special Meeting Public Hearing held on 11/18/11.1 Stu elemental Director's Report pertaining to this matter. Staff Planner Mike Laurota: An bverall view for the Commissioners, this is a two unit CPR, both CPRs are owned by the applicant, one is a farm dwelling, the second is an ADU. The next application beyond this one is the ADU so you will have two in a row on the same parcel of record, different CPR units. This one is called"Gilligan", the second one is called"Skippers", in Moloa`a. The applicant has planted flower and fruit trees on the unit, both units for home consumption and guest's enjoyment. The properties do have a slope constraint but with the applicant's efforts they have planted a large variety of fruit and flowers on the property. The Planning Department conducted an inspection and found no use or zoning violations. As in the previous the public hearing, no adverse public testimony from the surrounding neighborhood was submitted or received. The applicant reiterated the information contained in their application, there being no further discussion the hearings officer closed the public hearing. For the region consideration there are a total of 1j applications for TVRs in Nloloa`a, 5 TVR applications in Moloa`a have already been approved by the Planning Commission, David Houston, Tom Summers, Levorn Sparks, Gary and Apolonia Stice, and the Geinger/Kobel application. The evaluation part just to speed forward, the conditions of approval area all standard, we are not requiring additional agricultural efforts because of what exists there now however staff would recommend the inclusion of the condition No. 20 which would be the encroachment, I will refer to it as the encroachment condition. This concludes staff's recommendation. Chair: Any Commissioners have any questions on the application? Mr. Kimura: Yes, when was this lot CPR'd? Unidentified Speaker: March 4, 2010. Mr. Kimura: March 4, 2010. You have twp CPR units on one lot so they CPR'd this property deliberately to have two TVRs on one property. Staff: I will answer. This question cA,me up in front of the hearings officer at that time that even though the CPR came in late you had a single family residence... Mr. Kimura: Wait, came in late? Staff. No, in 2010,the deadline to apply for the TVR in the law was March 7, 2008. Mr. Kimura. Right, March 7, 2008. Staff. The applicant has provided the financial documentation for both structures. Mr. Kimura: But at that time on March 8, 2008 it was one lot. Staff: That is fine; you can have two units on one lot. Mr. Kimura: Two TVR units. Staff: Houses on one lot, ah.ADU, yes. Mr. Kimura Two TVR units on one lot? Staff: Yes. Planning Commission Minutes November 22,2011 36 Mr. Kimura: I thought it was d single family dwelling. Staff: One is a single family dwelling, the second is an additional dwelling unit,they are both farm dwellings. Mr. Kimura: On one lot. Staff On one lot, yes. Mr. Kimura: Before it was CPR'd. Staff: Yes. Mr. Kimura: And that is legal? Staff: Yes. Mr. Jung: You have to create a distinction between density and a condominium property regime because CPR's are only for disclosure purposes where you are sharing ownership of a property. But some lots yield more than one density so yowl can have two units on a lot,if they both were in operation prior to March 7, 2008 they technically both can apply eveh if they come in subsequently to do a CPR which divides, not subdivision, but divides the property only for ownership purposes. Mr. Kimura: So what is up with the single family dwelling? If you have two houses and both of theta are rented cut as TVRs where does the single family dwelling come in? Mr. Jung: Because each of those would be single family dwellings so there are two single family dwellings. Mr. Kimura: Single family dwelling—I mean to me it is one house on one property. You have iiwo houses on one property,both renting out as a TVR, what is wrong with that picture? Mr. JLj Well it is completely legal and back in the day when Council found that some on agricultural open land... Mr. Kimura: But... Mr. Jung_ Do you want me to atiswer? Mr. Kimura: But March 8, 2008 was the deadline, am I correct? Mr. Junk,;, Correct. Mr. Kimura: CPR'd in 2010. Mr. Jung; Hence the distinction between dwelling units and CPR's. You have to create in your mind or draw this line down... Mr. Kimltra: So it's just another loop hole. Mr. Jung: No it's not a loop hole it's what was allowed back in the day and Council allowed back in the day and Council "allowed for ADU's on lots so you are only entitled to one unit. They still allowed people to come in and get an additional dwelling unit on an ag. lot, Council subsequently capped that saying no more. Mr. Kimura: Didn't they call that `Ohara zoning? Planning Commission Minutes November 22,2011 37 Mr. Jung: That is exactly what it was. Mr. Kimura: Okay, `Ohana means family. Renting out as a TVR, is that family? Mr. Jung: It was a term of art. Mr. Kimura: You are killing rile. T don't know, to me it is kind of like just another loop hole for these guys to get by. Mr. Jung: The CPR is a completely separate process thaf is administered by the Real Estate Commission through the State of Hawaii so they can come in and separate ownership interests for the property but not necessarily divide the property. So you can still have multiple units and that is where you see a lot of these CPR's on the North Shore have multiple units or dwelling writs, single family dwelling units on one lot. Chair: Anybody else? Mr. Jung: It is a function of how density works. Ms. Matsumoto- Is it appropriate to ask about am looking at this map here about this CPR boundary and how it was determined,just curious, one side is approximately 16,400 square feet and the other one is 14,839 thousand square feet. Mr. Jung: When maps are submitted to the Real Estate Commission they will have to be stamped by a licensed surveyor and divided and they become limited common elements which are again sharing of ownership interests in that one lot. An issue that has been raised before is the 75% ownership so if you share your unit with other unit owners then technically you have to get approval from those other unit owners because we only recognize the lot versus the CPR lots. Mr. Kimura: So we are allowing two TVR's on ag. lend when we are having a hard time just to justify one TVR on ag. land they are asking for two? You are killing me. Mr. Dahill Commissioner Kimura, when ordinance 904 was passed the issue)that it sought to clarify again was single family dwelling units used as transient vacation rentals. In this particular case two single family units were allowed on the property prior to March 7, 2008. Both single family units were being used as transient vacation rentals. Now when it comes to divvying up property interest ordinance 904 as passed by the Council has not bearing in terms of how a laAdowner can divvy up their property unless he creates another unit. So in this particular case you are not creating a multi-family type of situation, essentially what you are doing for tax and real estate purposes under the State code is saying okay, you can sell off one portion of the lot without having to go through the County subdivision process. Mr. Kimura: Before you continue let me ask you this, if this was one property before it was CPR'd would the two units be allowed to have a TVR on them if it was one lot? It would come before us as two TV's on one lot. And that is acceptable? Staff Provided they submitted the financial documentation proving;that both structures were being used for TVRs prior to March 7, 20108 which would mean separate reservation lists for each structure. In this case that was met. Now I also want to interject here that we have already approved two other sets of TVR applications the only thing being this applicant owns both CPR units. The Commission has already approved TVRs for parcels where the CPRs were owned by different entities. Mr. Kimura: And the other one was in the DVA, am I correct? Staff DVA? Mr. Kimura: VDA, Planning Commission Minutes November 22,2011 38 Staff: No. Mr. Kimura: In Po`ipu wasn't it? Staff. No. The most recent application we approved today was for Garrison. Mr. Kimura: No, I am talking about the other two CPR properties or two TVRs on one property, that would be Po`ipu, right, in the VDA. Mr. Dahili,: That was in the VDA, I believe so. Mr. Kimura: And this is outside the VDA and we are still allowing two TVRs. Mr. Dahilig: Again, Commissioner Kimura, I understand the frustration... Mr. Kimura: I understand what the law is I am just dumbfounded that we allow it. Mr. ah iliK. I do understand the frustration concerning seeing what looks like somebody coming in for what would be perceived as more than their fair share. Mr. Kimura: Pin good. Chair: Anybody else have any questions of the planner? Mr. Katayama: Can you describe the underlying agricultural activity because that is the whole nexus of these properties to support ag. Staff. If you look at exhibit 2, exhibit 2 is the location map for this is I refer to as Albertoni 1, on the flip side of exhibit 2 are the pictures of the agricultural efforts of the applic<.mt. That is how much stuff he has planted on a slope constrained area. And then when you go down to, keep flipping the page, you will see Skipper's beach, cabana party, you will see how much, what they have quantified is in agriculture. And they have the survey map, it was supposed to be in color, which would show the key on the bottom of the page how much in the location of where all this was planted. Mr. Katayama: Doe's the ag. operation submit a schedule F? Staff: No, that is not a requirement. That is a supporting document to qualify but because the property is smaller than 5 acres which is what you need to dedicate, this is only... Mr. Katayama: I guess what I am having a little conceptual issue with is what is the difference between ag. and landscaping? Staff. If you look at the pictures shown it is not landscaping, these are fruit and flower trees. Mr. Katayama: But if they have no commercial value is that ag. in support of ag? I guess so. One of the arguments in some of our approvals was that these lots were too small for commercial ag. so therefore this alternative income stream should be allowed. Staff: No. We are not looking at an income stream. Mr. Katayama: But isn't 205's premises that it has to support ag.,that allowing these special uses will enhance the agricultural viability in ag. zoned land? Staff. Intensive ag., that is what 205 says. This property, the parcel size is 31,000 square feet. The required are for dedication for intensive ag. is 5 acres. Anything under 5 acres if they are supporting agricultural use by an effort such as this is acceptable. The requirement for a schedule F is not mandated nor required except by ordinance 904. Planning Commission Minutes November 22,2,011 39 Mr. Katavama: I wasn't looking so much as a mandate rather than a demonstration of commercial use of ag.. I mean if there is enough intensive commercial use regardless of lot size that you need to provide that information to the internal revenue service. Now if the(inaudible) focus was on income derived from the temporary visitor rental I think that is sort of a different issue but just trying to understand the context of this property and its long term viability of ag. Mr. Dahilig: Commissioner, when we,are looking at size and maybe this could be clearer in the report that the overall parcel size of 31,000 square feot is about,is a lot less than the 43,000 square feet per acre that we are looking. So this parcel is actually less than one acre. And so when we are looking at it from a standpoint of viability, again intensive agriculture doesn't necessarily also mean commercially viable agriculture. So in term of reviewing what kind of ag. activities are going on there, consistently we see that the fruit and flower trees are being used for guest's enjoyment. We are c:bnstantly in this dilemma of trying to define what is intensive ag. and if the Commission doesn't feel that what is being presented meets at least some semblance of a genuine ag. activity then that is certainly a finding that the Commission can make. Chair: Anyone else have any comments to ni .ke of the planner? If not the applicant is sitting forward, could you introduce yourself again sir? Mr. Aldo Albertoni: Yes, I am Aldo Albertoni and I would like to address some of these concerns and I thank you very much for this opportunity. First of all Mr. Kimura I wasn't trying to jump through any lode holes or anything when we built Skippers,the second house. We were up against a County sunset clause on.ADU units and we had thought about maybe building it in the future in my retirement or something to live here and then we had the sunset clause that we had to cone against. And plus the fact that my wife and I adopted 4 kids and the first cottage is only 508 square feet and it was getting a little cozy for 6 people so we thopght maybe this is a good time to do it. We never intended to take away from the agriculture either in fact this lot even though it is zoned agriculture it was never agricultural until we bought it and started developing it. We planted literally hundreds of trees,plants,,end fruit an flowers and those types of things. And one of things that attracted me to this property vas that i grew up on a fruit farm in California as a kid so I thought this was a neat way to try to learn about Hawaiian fruit and Hawaiian flora. So that was really my intention and the TVR use helps us maintain it,helps us to be able to plant more agriculture,just helps us be able to support the land. But there was no intention of loop holes or anything like that,nothing sinister, it was all just trying tO follow the law. Mr. Kimura: I am not going to comment on that. Chair: Anybbdy else have any questions of the applicant? If not,thank you sir. I would like to call on anyone from the public wishing to testify or speak on this matter please come forward. Just introduce yourself sir. Mr. Tim.Kalai: Aloha,for the record Tim Kalai. Good afternoon Commission,thank you for allowing me this time to speak on this issue. This is almost like the classic case of,I am not seise you folks remember when we came months ago and presented this very issue abut TVRs being associated with ag. lands and the situation as the County presented where it is looked at as just one parcel. But if you go throtigh the CPR proposition and whether it falls within the guidelines you could have qt that point then a number of...well for the sake of going to classifications you call them farm dwellings. You referred to them Commissioner as being an `Ohana dwelling. And the way I am going to refer to it now if one is applying for a TVR is that we have an eco-resort. And the question that am presenting here,when you do this is the taxation purposes going to be the same as resorts or are they going to get the ag. benefits on the taxation of these properties. And with that,that is just how I am going to close,thank you very much. Mr. Jung: The tax office is looking at a change in the classification but currently they will be taxed as residential. Planning Commission Minutes November 22,2011 40 Chair: Anyone else wishing to speak on this matter? Ms.Hope Kalai: Aloha Commission,Hope Kalai. I wasn't going to speak on this but we live in Moloa`a and yesterday I went through the TVR log and printed up `Aliomanu to `Anini and I don't know how you guys get 80 or 60 ox whatever numbers you are coming up with because I came up with approved and pending between`Anini and `Aliomanu, 96 vacation rentals that are either approved or pending. Like this gentleman, 30,000 square feet,that is manini, small potatoes,who cares. But the cumulative impact of 96 resorts in our neighborhoods is staggering anq this is ag. land. And me as a farmer,there ain't nothing I can grow that can compete with Michelle Hughes 9,000 dollar a night. One of the main things in the Kilauea area plan or the Kilauea Plan of 2005 is the worry of gentrification of our neighborhoods,vacation rentals in our neighborhoods promoti s gentrification big time. There is no more workforce housing available in the Kilauea area. I don't know what you are considering is the 30 impacted TVRs in Kilauea but we consider Moloa`a,Kilauea. We consider`Anini and Kalihiwai. 1 counted 30 `Anini TVRs,that is huge. Where is our neighborhood? Where are our children going to live? And with the resortification of our ag. lands where are y✓e going to grow,all we have are helaconias and tea plants and local production for the tourist that are staying on the land. So I don't know how we addrf,ss cumulative impact especially on some of these little tiny ones like the 30,Q00 square foot but our neighborhood from `Aliomanu to `Anini is going to be all resorts. And one of our concerns about Moloa`a is it is not a VDA,there is only one read in and out and there is one lane bridges or culverts or whatever they are. Tourist don't know what to do when the water comes up down there. And there is a reason you can't put your houses on the ground down there, we have had some big wave events. So putting all these tourist down in areas that have taken tsunamis and huge floods, I think we really have to look at it,thank you for your time. Chair: Mr. Laureta,have you had a chance to see that map and respond to... Mr. Dahill : Let me commeht first Chair on some of the statistics. Again,just for clarification, there 81 ag. TVR applications that were received by the department. What is on the website encompasses what is also ordinance 864 as well as the other 876 and there a number of TVRs that have been approved beyond what is currently in the Commission's docket concerning the,81. And so the 81 also includes numbers that are not within,that is island wide, that is an island wide number, so if there are assertions about discrepancies in the numbers is that what is public on the website includes everything that has gone on since 2009 versus something that is currently presei~it and applicable with ordinance 904. So I just wanted fo clarify that for the record. Ms. Kalai: And I don't want to talk about numbers there are just plenty. The first time I did it a couple months ago I went through and I didn't know that Pili Mai Kekai had vacation rental abilities on Hawaiian Homelands. So some of those ones I put in`Aliomanu I had to take out because they were Anahola. It is just overwhelming, staggering the number. And we all know these are legal ones,these are the guys trying to jump through the hoops and do it right. And for every one that is on this list there is probably that aren't that are operating under the radar without any permits and totally stealth. So cumulatively the legal ones and the illegal ones are really changing the face of our neighborhood,thank you. Chair: Anyone else wishing to testify on this? Staff: Chair, I would like to add to that. The recitation of raw numbers is quite misleading. As you know, as the Director has said, 81 is for agriculture distriet TVR applications in the agriculture district State'vide that applied because of the ordinance,not State wide,Kauai wide. There were approximately 20 to 25 that didn't make it through the hoops. We also know because we have been told that there are a lot of applications,there are a lot bf TVR operations in the ag. district that didn't apply. We know that. We have to get through this process to deal with the people who did before we can start taking a full run at the illegal. And they are still advertising on the website so we can get to that but we have to get this one done Planning Commission Minutes November 22,2011 41 first. So these are the people we are dealing with,the people who came in because the County Council passed a law that gave them that opportunity. Mr. Katayama: Either the Director or Mike, how does an ADU become a TVR? Mr. Dahi1 The ADU starts from the get go under the premises that it is a single family dwelling. And when we use the phrase TVR we are specifically using the context of a single family transient vacation rental, SVTVR. The State law does not make a distinction between short term and long term rentals and so wh4t the imputes behind ordinance 904 was, and going back to ordinance 864,was to regulate the short term fental of single family dwellings in this manner. No distinction between short term and long term rental was made before March 7, 2008. And so for grandfathering purposes any single family transient vacation rental operator, these operators are coming forward and saying we have a vested right to short term rental of our single family dwellings until you started regulating it through the County ordinance. And so by function what you are seeing is kind of the interface between that issue that the County tackled with short term rentals and activities that are allowed within the State Land Use Agricultural District. And so the Council in its wisdom decided to use the Special Permit process.as allowed under 205 to vet this issue concerning agricultural activities because prior to this thence was no clarity from the State legislature as well as the Land Use Commission concerning this type of short term rental in the ag. district. What we did know was that farm dwellings were allowed but how you use a farm dwelling was not distinguished by State law. Mr. Katayarna: And so by CPRirig the ADU you create two or multiple parcels of record that can be independently transacted. Mr. Dahilig: They are not parcels of record but they can be independently transacted. There is no limitation under the State law or a code that prohibits the CPRing of additional dwelling units. Mr. Jung: Even if there was no CPR you could still own the property with tenants in common with each other and sell off your interests. Mr. Katayama: (Inaudible). Mr. Jung: But that is the way it was done before CPRs were invented. Mr. Dahilia: And notwithstanding the CPR, if there was ohe lot with two allowed densities, two single family units, they could still come in and grab the, not grab but apply for the ordinance 904 permitting regime either for one or the other or for both. Mr. Blake: So in the hierarchy of residential use you have resort, urban, and ag. Mr. Dahilig: In terms of the State regime or the County regime? Mr. Blake: Well it is pretty much the same thing, right? Mr. Dahilig: Not in this particular case because the... Mr. Blake: Just generally. Mr. Dahilig: Just generally. Mr. Blake: So what TVRs in ag. land do is allow you to skip one level and use ag. land for resort purposes. Mr.-Dahilig:_ The loop hole was, before the Council addressed it, was the ability to own a farm, a single family farm dwelling on State?g. land and rent that oui short term. Planning Commission Minutes November 22,2011 42 Mr. Blake: Well call it what you will it is still a hotel use of ag. land. Mr. Dahilijz: And that was the specific issue that the Council addressed back in 2008. Mr. Blake: And they gave it a new name and now it's not a loop hole. Mr. Dahilijz: It is a TVR at this point. Mr. Blake: So like the witness said there is no way that the people who are farming are going to ever, ever equal the income earning ability of someone with a TVR on ag. land. So I think and this is just a dream, what occurs to me instantaneously that there should be a special assessment on any TVR on ag. land whether you grow for commercial use or personal,use and that assessment would be used to develop water resources for all ag. purposes. So that:ag. benefits from this not just the owner, the fortunate owner of a TVR on ag. land. Mr. Dahilig: It is an interesting concept and maybe our County Attorney wants to weigh in. Mr. Junes I understand the concept you have but it would have to be levied through some sort of tax Ation which we would have to have rules for in this case probably an ordinance just because it is more of a substantive issue passed to levy such a fed,. Mr. Blake: I understand that. Mr J_ un& So it is a novel idea and if one of our Council members wants to take it and run. It is not necessarily a planning bill (inaudible)the CZO or the subdivision ordinance so technically it can't come from this body but it certainly could come from the County Council. Mr. Blake: Well perhaps we could goose them. Chair: Make a recommendation at some point. Mr. Kimura: This property, isn't it in a flood zone Mike? Staff. No it is not it is on the hillside. Mr. Kimura: Hillside, right up against the bay? Staff: No, it is on the backside, as you go down it is on the right hand side. Mr. Kimura: Sp it is way up high. Staff: Yes. chair: Any further questions, if not... Mr. Dahili%4: If I can make one more comment based on Commissioner Blake's comments. This is a new process and there are as you have notice by the evolution of even the staff reports there are things that continually still get vetted and new things that do come to the table. These Special Permits that we are ash ing approval for do have time limitations and do have to come back for renewal. If there was such an opportunity to come and actually levy assessments should the Council pass some type of measure like a special assessment for agricultural use we could, contingent As part of the renewal process, reopen'the permit and then subsequently modify it and require it. I just wanted to assure the Commission that this is a living process and that this is not set in stone. The annual or bi-annual renewals that come forth, of these applications, do'provide us the opporttulity to continue to tweak, adjust,f and make changes as this matter evolves. Planning Commission Minutes November 22,2011 43 Staff: I would like to add to the Director's comments. It is important for the Commission to understand that we are providing an opportunity for the neighbors of these operations to provide input to us every year that they have to renew if they violate any of these conditions they can come in and ask for revocation of the permits or modification of the permits. We are giving the neighborhood a tool now, now that we have standardized these conditions and I think it is good that we can tweak it every meeting, noise, parking, dust. Everybody is doing ag., they are not doing it for commercial purposes, that is not a requirement, but now that we have given the community something to realize, especially the neighbors,that they can watch these operations and see if they are being managed appropriately. On top of that I am going to add that what the Director...this is a living process. At the close of today we will have done 16, we have 37 left. That is only in the ag. district, 20 something didn't make it through, 3 of them are on appeal. So this process we are fine tuning, we are creating a management tool where none existed before and it is important to have that. Chair: Thank you Mike. Mr. Katayama: The application before us, is that for the farm dwelling unit or the ADU, unit A? Staff: This is unit B, Skippers, Skippers is the ADU. Mr. Katayama: That is the next one on the agenda. Staff No, Gilligan's is the next. No, wait, I am one ahead, yes, this is Gilligan's,this is a single family residence. Chair: Any further questions, if not what do you want to do? Mr. Blake: Move to accept and approve. Mr. Katayama: Second. Chair: Any discussion on this motion, roll call please. On motion made by Hartwell Blake and seconded by Wayne Katayama, to approve staff recommendation, motion carried unanimously by the following roll call vote: Ayes: Blake,Katayama, Matsumoto, Texeira -4 Noes: Kimura, Raco -2 Absent: None -0 Not Voting: Vacant -1 Special Permit SP-2011-22 to permit use of an existing single family,residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. y04 in Moloa`a, Kauai, 4pprox. 2,650 ft. northeast of the Old Ktihi`6 Highway and Moloa`a Road intersection, further identified as Tax Map Key 4-9-13:1 (Unit B aka"Skippers") and'containiLig a unit area of 14,839 sq. ft. of a 31.246 sq. A. parcel =Aldo & LisaAlbertonL FIlearings Officer Special Meeting Public Hearing held on 11/18/11.1 Supplemental Director's Report pertaining to this matter. Staff PIanner Mike Laureta: Staff would Pike to incorporate basically everything was presented previously, it is on the same parcel, it is the adjacent CPR unit for the additional dwelling unit which is Skippers. There were no zoning or use violations,not adverse testimony from the surrounding neighborhood. The applicant reiterated the information that you heard him present and there being no further discussion the hearings officer closed the hearing. And staff would like to incorporate condition No. 20 from the previous discussions relative to encroachments and I am available for questions. Planning Commission Minutes November 22,2011 44 Chair: ;Anybody have any questions, any Commissioners have any questions of the planner? If not I would like to tail on the applicant to pease come forward. Mr. Albertoni: Hello again, my name is Aldo Albertoni. Again I will just say the same thing I did about the first one is that the reason why we built this one was to accommodate my family,to provide a place for guests from the mainland and other places to come to Kauai and have kind of a vacation in a nattiral, unspoiled, agricultural area. We have tried our very best to follow all the laws in doing this and even beyond that to put as much agriculture for the enjoyment of our family, of our guests. And also my housekeeper is associated with the community sharing so she will be taking the excess bananas or avocados or any fruit and she will take them to the community sharing also. Chair: Excuse me, I need to interrupt,we need to change the tape so we will take a 5 minute recess. Commission recessed at 2:09 p.m. Meeting called back to order at 2:14 p.m. Chair: Again, the applicant Mr. Albertoni you were testifying on your application,please continue. Mr. Albertoni: I am almost through I just wanted to say that I do understand the concerns that people have for vacation rentals that have kind of been filtering the island. I do have a concern for that. And I want you to know that people that come to Gilligan's' and Skippers are looking for places that want peace and quiet, they don't want to be noisy neighbors or anything like that. I have had a couple of times where I have groups of young people wanting to come in and I just tell them they belong in Po`ipu or something like that. But I have read the permit application staff report and I agree with it in terms of the conditions and I thank you again for hearing me and I thank you, Mike, for your help. Chair: Thank you Mr. Albertoni. Anyone from the public wishing to testify on this application please come forward or raise your hand, seeing none, Mz. Laureta, any closing remarks. Staff. The conditions of approval are reflected as now standard with the inclusion of condition 20 which I would call the encroachment condition which will be made standard but that will be included in this report, this recommendation. Chair: Thank you very much. I Would likE;to entertain a motion for approval please. Mr. Katayama: I will make a motion to approve. Mr. Blake: Second. Chair: Any discussion, seeing none could we have roll call please. On motion made by Wayne Katayama and seconded by Hartwell Blake, to approve staff recommendation, motion was not carried by the following roll call vote: Ayes: Blake, Matsumoto, Texeira -3 Noes: Kimura, Raco, Katayama -3 Absent: None -0 Not Voting: Vacant -1 Mr. Dahilig: Commissioners,per the rules of the Planning Commission there is a 3-3 split vote, this matter will be put on the next meeting as a special order of the day to resolve it, if the Attorney wants to add anything further but that is the procedure here. Planning Commission Minutes November 22,2011 45 Mr. Jung: Yes you need 4 votes for valid action, given there was none it does carry over to the next meeting. Chair: Thank you. NEW PUBLIC HEARING Class IV Zoning Permit Z-IV-2012-9 to construct a new locker room buildih four the existing, football stadium facility. -and Variance Permit V-2012-6 to deviate from the requirements noted in Section 8-8.5(a) of the Kauai County Code Q 987 'relating to land coverage within the Open zoning district located within the Kapa`a New Town Park approx 1,300 ft. north of the Kahau Road/Olohena Road intersection, further identified as Tax Map Key 4-5-015:032 (por.), and containing total area of 18.083 acres =Countxof Kauai, &Partment of Parks and.Recreation. [Director's Report received 11/8/11.1 Supplemental Director's Report pertaining to this matter. Staff Planner Jodi Galinato read supplemental Director's Report (on file). Chair: At this point let me call up the applicant. Mr. Raco: I Want to recuse myself on this application. Chair: Good afternoon. Mr. Ian Costa: Good afternoon Commissioners, Deputy Director of Parks and Recreation, Ian Costa. I have reviewed the agency comments and the staff report and appreciate and agree with the recommendations. I can answer any questions you may have. Mr. Kimura: Ian,this particular locker room, is that where the Kawaihau Little League storage room is right now? Mr. Costa: There isn't anything right there now where we plan to site it. Mr. Kimura: It is right along the fence line, right? Mr. Costa: Yes. We don't intend to disrupt or move anything that is currently there. Mr. Kimura: The millio�dollar question, where are we with parking? Mr. Costa: First of all this application attempts to clean up two things, first of all it was several years ago that the Plah ring Department realized and brought to light to the Parks Department that the lot coverage was over 10%. Secondly, although the report states that the football stadium was developed in 2008,that was just for high school footfall, the Pop Warner Football had actually occurred there I believe from the late 70's, early 80's. So thanks to Mayor Baptiste who pushed for Kapa`a High School having a quote home field they essentially began hosting high school football 'games there and brought in bleachers, constructed the announcer's booth. And since that time they have been using the Kapa`a Armory locker rooms for the football locker rooms. So this application finally gets around to constructing that facility as well as seeking a variance to clean up the lot coverage. And part of the reason we are asking for 20% is so that we have some leeway to develop additional parking. Mr. Kimura: Okay, good seeing you. Chair: Any other questions of the applicant, seeing none, thank you. Anyone from the public wishing to testify on this application please come forward. Mr. Dahilia: Mr. Chair, we have no speakers signed up for this particular agenda item. Planning Commission lNhnutes November 22,2011 46 Chair: Thank you, could we Have the conclusion and the preliminary recommendation. Staff Jodi Galinato read conclusion and department recommendation (on' file). Chair: We all have reviewed the conditions; do we have any questions in regards to any of those specific conditions? If not, thank you. I would like to first of all make a motion to close the public hearing. Mi. Kimura: Make a motion to close the public hearing. Ms. Matsumoto: Second. Chair: Any discussion, all those in favor say aye, motion carried. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to close the public hearing, motion carried unanimously �y voice vote. Mr. Kimura: Move to approve Variance Permit V-2012-06, Class IV Zoning Permit Z- IV-2012-9. Ms. Matsumoto: Second. Chair: Any discussion, seeing none could we have roll call please. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to approve staff recommendation, motion carried by the following roll call vote: Ayes: Blake, Kimura, Katayama, Matsumoto, Texeira -5 Noes: None -0 Absent: None -0 Not Voting: Vacant, Raco -2 Special Management Area Use Permit SMA(U)-2012-2, Use Permit U-2012-8 and Class IV Zoning Permit Z-IV-2012-8 to construct a farm dwelling unit gazebo, and associated improvements on a parcel within the Open/Special Treatment-Resource District(O/ST-R), further identified as Lot 7 of the Kahili Makai Subdivision, approx. % mile north of the Kahili Makai Road/Kuhi`o Highway intersection, Tax Map Key 5-2-021:007 Unit 4 and affecting a total area of 11.612 acres =Kahili Makai Holdings, LLC. [Director's Report received 11/8/11.1 Staff Dale Cua read Director's Report(on file). Chair: Before I call the applicant up are there any questions of the planner? Seeing none, I would like to call on the applicant to please come forward. Mr. Ben Welbourme: Good afternoon Commissioners and Chair Texeira, my name is Ben Welbourme, Landmark Consulting Services. Chair: Have you read the report and how do you feel about it? Mr. Welbourne: Yes I have read the report and I think it rAects what we presented in the permit application. Chair: So you have no problems with the report and its recommendations. Mr. Welboume: No sir. Chair: Thank you, anyone have any questions of the applicant? Seeing none, thank you sir, I will now call on the public, anyone wishing to testify on this application please come forwared. Planning Commission Minutes November 22,2011 47 Mr. Dahilig: Mr. Chair, we have no speakers signed up for this agenda item. f Mr. Kimura: I want to check this out a little bit more. Chair: You want a little bit more time? Mr. Kimura: Like 5 more minutes. Chair: We are going to take a 5 minute recess. Commission recessed at 2:42 p.m. Meeting called back to order at 2:53 p.m. Chair: In regards to the last application we are now closing the public hearing and so I need a motion to close the public Bearing. Mr. Kimura: Move to close the public bearing. Ms. Matsumoto: Second. Chair: Any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to close the public hearing, motion carried unanimously by voice vote. Chair: So the action will be taken at the next meeting which is December... Mr. Dahili : Commissioners, we request deferral of the item until the next meeting which is I 'elie�e December 13th. Project Development Use Permit P.D.U-2012-1, Use Permit U-2012-7, Variance Permit V-2012-5 and Class IV Zoning Permit Z-IV-2012-8 for development of a commercial shopping center that includes a mixture of commercial/Yetail uses offices restaurant bank and health clinic, on property located within Kilauea Town, situated immediately across the Kong Lung building, along the north side of the Kilauea Lightliouse Road/Keneke Road intersection further identified as Tax Map Key 5-2-023:027 & 028, and containing a total area of 7.46 acres = KtUauea Ventures,LLC. jDirector's Report received 11/8/11.1 Letter(11/7/11) from Shawn Smith and Doran Smith, in support of application. Staff Planner Dale Cua read Director's report(on file). Chair: Any questions of the planner? Mr. Kimura: Dale, who is going to maintaining that ditch in the back, that property to the...right next to the residential area on the left hand side of the property? Staff. If the County is under the ownership then it would be the County's possession but I haven't researched that infonnation. Mr. Kimura: Because I see some drain culverts going into the ditch and I was wondering who will maintain that once this project, if approved. Staff, That is something I can research and provide the information to you. Mr. Kimura: Thank you very much. Planning Commission Minutes November 22,201 I 48 Chair: Anyone else? Seeing none I would like to call on the applicant to please come forward. i Ms. Lorna Nishimitsu: Good afternoon, for the record Lorna Nishimitsu,the attorney for Kilauea Ventures,LLC which is the owner of the property. The Principals with the owner are Mathew Hot who is sitting to my right, Steven Kolan, and Alan Ong and we have brought our consultants,the architect Steven Au and the traffic consultant from SSFM whose name is Michael Packard. The Planning Director's report dated November 8,2011 prepared by Dale correctly summarizes what Kilauea Ventures is proposing for the vacant parcels of land that are in the State Land 14se Urban District and are zoned Residential and Neighborhood Commercial. They are also designated town center in the Gelieral Plan. We are seeking a Project Developtlaent Use Permit because Kilauea Ventures is presenting its plans for a consolidated development of a commercial project intended to serve the residents, primarily of Kilauea because of the nature of the tenant mix it has identified. I am not going to go into the lot coverage because Dale already had that in his report. Part of the design or the design was driven by Kilauea Ventures understanding of what the history df the Kilauea Town was. I think a lot of the residents,the old time residents of Kilauea came from families that worked foi Kilauea Plantation. I remember some of those people from the 70's befofe the plantation closed down were all going to Kapa`a High School. The old timers are familiar with what the town was back in that time,the dwellings were for people who were employed by the plantation. Although maybe some of the new residents'are not as familiar with the old sleepy town that Kilauea once was the developer is hoping that the types of buildings that they are layin out will help rekindle in the old timers that kind of 4o$talgic feeling of an early 20th century town environment. Mr. Au,the architect,who has prepared the plot plan up there will be happy to answer questions you might have about the design and the layout. Landscaping incorporating native species and wetland plans are shown in exhibit J of our application both for esthetics and also to provide a buffer for the adjoining residential subdivisions located to the north and the west of the development. The developer is also working with both the Department of Transportation and the Department of Public Works about designing the new town entry road and will be building at its expense one third of that roadway to County standards for dedication to the County of Kauai. So if this project is approved the next step is to do a subdivision of that roadway lot which connects to Kilauea Road and brings you all the way to the post office parcel. Beca6se right now it's not improved to County standards but it does provide access. Kilauea Ventures commissioned a traffic impact assessment report and that is exhibit R to our application. Mr. Packard will be happy to answer any questions you might have about that rather technical document. And finally because I was asked to out it short I would like to turn this over to Mathew Hunt because he can give you a better sense of the efforts they have made over the past two years from looking at the land and working with the members of the Kilauea community. Mr. Mathew Hunt: Thank you Lorna_Aloha and good afternoon Commissioners. My name is Matt Hunt. I am a development manager with Hunt Companies Development Group. Our company owns the Kilauea Lighthouse Village project and land through a business entity called Kilauea Ventures, LLC. I have the privilege of being the lead development manager for this project. Hunt Companies is the leading national real estate services company,through our affiliates we are investors,managers,developers, and contractors specializing in complex projects. Hunt's experience expands a variety of sectors including public/private partnerships, military housing,mixed use projects,multi-family and affordable housing,retail,and commercial real estate master plan communities and government build to lease programs. The services Hunt provides include investment management, development, construction services, and asset and property management services. Planning Commission Minutes November 22,2011 49 Hunt has been a family owned business for over 60 years and we have been doing business in Hawaii for 20 years. As part of the family and company we bring a widely respected track record that reflects our vision, integrity and professionalism,values that are cornerstones of our business. We have spent over two years working on Kilauea Lighthquse Village. Before acquiring the property we spent around one year on due diligence which included an extensive market study, investigation of the property's entitlements and available infrastructure, and thorough review of the zoning in 2005 Kilauea Town Plan. The results bf this study showed and underserved local population. The analysis indicated market support for up to 49,000 square feet of retail and,commercial services. The proposed project will offer a convenient destination for residents and provides an alternative to existing facilities that are dominated by tourist oriented shops. Lastly, it highlights a lack of available space on the North Shore for businesses looking to expand,relocate, and for entrepreneurs trying to start a new business. The long standing existence of nonconforming business use of residential zoned properties within the market area is an indication of this shortage. The 2005 Kilauea Town Plan emphasized the need to strengthen the town's commercial core and noted that it had been under developed for 25 years to spite necessary zoning. It noted the cbncentration of commercial development in the town core would discourage Kiihi'`o Highway strip development and would in turn present opportunities to improve pedestrian and vehicular circulation in Kilauea. Our proposed project is envisioned as part of the realization of this plan. After purchasing the property we spent over a year on community outreach, conceptual design,and site planning. We knew how important getting feedback from the community was and so we reached out to listen to concerns and answer questions. We help two public community workshops at the begii'aning of last year of which one was attended by over 250 people. We have attended every monthly Kilauea Neighborhood Association meeting faf over a year to provide updates, listen and answer questions. We have also met with several individual community members, community organizatigns, and County and State regulatory bodies; We also set up a website to pose project information,updates,and to provide a place for people to send in questions and comments. I personally responded to over 100 emails&.-ou§h the website. Diving into the project its self we are proposing a tenant mix focused on local businesses that will provide goods and services oriented towards the local community. The proposed tenant mix includes amid-sized grocery store which is around 12,000 square feet or about half the size of the Foodland in Princeville, a hardware store, credit union bank, exercise facility, medical offices, auto parts store,mail/copy/print center, small retail and office spaces,and food service facilities to include at least one sit down restaurant. We currently have about 50 interested tenants prospects for most of these uses and they are all Kauai based businesses. This level of interest is validating our market study's demand and assessment and highlight's the underserved market conditions on the North Shore. For the pr'oject's design we are considering a variety of sustainable design features. This is something the community has expressed much interest in. We intend to seek LEED certification for the project and I would like to touch on.some of the main sustainability features. We are proposing an innovative approach to wastewater treatment through the use Of constructed wetlands. These are low maintenance, reliable, odorless, and clean the water to a level where it could be reused for irrigation. Unlike what the name implies the system works underground and does not result in standing s-q rface water. Pervious paving for parking stalls,bio-swales or rain gardens help to limit storm water runoff. Rainwater catchment systems for some of the buildings would also limit runoff and recycle water for irrigation. Many of the project's features are designed to conserve water given the limited municipal water capacity. Solar Panels and green roofs would also help conserve energy and liking walls would help serve as a visual and sound buffer to neighboring residences. There are several benefits that iAe believe this project will provide to Kilauea and the island of Kaua`i. By providing services and good locally it will help Kilauea become a more sustainable community that will reduce reliance on vehicles for daily shopping needs by allowing residents to walk or bike instead, save some money on gas and reduce�pollution all at Plafning Commission Minutes November 22,2011 50 the sam.e time. There is also a potential for walking and biking paths from the project to connect to future paths to other parts of the Kilauea community. Kilauea Lighthouse Village will also help create more of a town core as envisioned by the Kilauea Town Plan. More than just a place to shop it will be a gathering place where people can spend time together and talk story. It will also offer a niore substantial retail critical mass increasing customer traffic for neighboring businesses. Those businesses that understand the benefits of cross shopping appreciate and support our efforts to encourage this in our design. Throughout community feedback we included a dedicated community space into the project. This could be used for such things as after school programs, community meetings, historical and art exhibits to name a few. There are also opportunities to recognize the local culture and history through interpretive signage and exhibits placed around the site. We are proposing a variety of traffic and pedestrian safety measures on Kilauea Road and the related intersections. Mike Packard our traffic engineer will provide more details on this. We will also be improving the current nonconforming post office road to County standards for dedication as Lorna mentioned. I think one of the most important benefits this project could provide would be to the local job market and economy. The project will provide short and longterm jobs which are especially important given the current job market at a high 8.6 uneniployment rate on Kauai. We intend to source locally for jobs created by the project. There will be direct and indirect economic benefits to the residents both in Kilauea anq the island,new revenue generation for local anti State government. Through our outreach work I would life to touch on some of the main concerns expressed�y the community. There is a concern amongst some that the project will have a negative impact on existing businesses. The intent of this project is to compliment other businesses in the town core and the increase in retail would bring additional bu§iness for all. It would also help stem the leakage of business out of Kilauea. Certain local businesses have expressed support for these reasons. Some feel that the project is too big for Kilauea. We intend to develop only as much as would be met by m4rket demand. The need for space on the North Shore is already evident by the interest we have received so far. The project is conceived to be consistent with smart growth principles. Concerns have been raised about the impact on neighboring residences; our project has been designed to minimize the impact on our neighbors. This inclildes such features as building placement,landscape design maximizing building setbacks, green roofs,and living walls. We also intend to enforce rules for operating hours 4nd provide onsite security. Traffic and the desire for a new town e.}tily is the main concern we have received from the community. Begides the traffic mitigation measures we are already proposing to address for increases in traffic. For the last 9 month§we have been actively contributing funds and our best efforts to move the community plans and desire for the new town entry road towards becoming a reality. This has included our commitment to fiend the necessary private match which is required to qualify for the Federal funding needed to build the road. Without the private match funding the realization of this road would probably remain out of reach for a long time, It is important to understand that much of the approval and funding process for the road is dependent on other parties. The local community,neighboring property owners, State DOT, County and Federal government all have a role to play in this process. Traffic is an existing issue in Kilauea and Kilauea Lighthouse Village is effectively serving as a catalyst to help solve,not exacerbate this long standing problem for the community. Because of this we have voluntarily and proactively worked on the process intending to be part of the solution of this long standing problem. We know the road is important to the community acid we want to help. In addition to these efforts we are also currently working with the district DOT branch to get approval for access qff of Kuhi`o Highway for a construction road. Construction traffic was a concern raised by the community and local business,so we are proactively looking for a solution. We are addressing this by way of an alternate route to divert construction traffic away from Kilauea Road with the establishment of a con§truction road. I thank ybu for your time and consideration for the project to create positive change in Kilauea in an innovative and sustainable way. Planning Commission Minutes November 22,2011 Si Chair: Thank you very much. I would just like your architect, whoever you designate,to come forward and to give us a brief overview of the project. Unidentified Speaker: The site as mentioned is about 7 and a half acres. The lighter yellow, 1, 2, 3, 4 structures, are the existirg stone buildings and this is the reality building. As you can see the property that we had to build on basically U shapes around these existing buildings. So in that sense rather than the town center typically surrounded by parking or with parking in the front door which is typically the approach, because of the County's park here and the fact that the stone buildings are central we had to work around it. And that allowed something very interesting to happen, instead of taking the buildings and running them in a linear fashion which is typical, like a strip mail, we were able to take the buildings and diversely and separately and distinctly locate them in this scattered position which gives a more village feel rather than a tight typical shopping center look which allows us to take the parking and elongate the thing (inaudible), so that we can provide front door access to the various shops and services but mitigate the concentrated acoustics that would come out of a centralized parking lot adjacent to the neighborhood. So we have been able to soften the whole site plan because of the addressing of the historically importance of these stone buildings. That is essentially the heart of the thing. So what we have now is a green belt. We have an urban park green belt site plan for the town center; it becomes more of a village. Chair: Do you have any further...? Unidentified Speaker: No that is the main thing. If there are any other questions I can go through that. Chair: What about walking through that? Unidentified Speaker: We have walkways; we even traverse the existing stone buildings with walkways so that between the traffic along Kilauea, along the post office belt road, we have the traffic that moves through with front door access and sidewalks that link everything together. So if you were going to do any shopping you would&ive up to your front door but the relationship is such that you can very easily move from building to building. In many cases the buildings are such that overhangs and things provide logical connectivity between the buildings. And as Matt touched on the idea was that the buildings rather than what we would normally see in say Lahaina or Kail'ua Kona, the idea was to take the buildings and to pull just enough reference to the early immigrants that were a part of Kilauea, so we addressed that kind of cultural finesse. Instead of cowboy looks like we normally do it the idea was to take and something that expresses the uniqueness of Kilauea. Chair: Thank you, any questions of Mr. Au? Mr. Kimura: I notice here you have a left hand turn lane there. Mr. Au: This one. Mr. Kimura: Yes. Is that a left hand turn lane into the project? Mr. Au: Yes, we are looking at this as being...actually I should let Mike Packard address the traffic. Mr. Raco: In your application in exhibits of the elevations and floor plans and it look; like isometrics will you be providing more drawings and color renderings? Mr. Au: Yes. Mr. Raco: To give us more of the feel that yqu described? Planning Commission Minutes November 22,2011 52 Mr. Au: As a matter of fact what we have...at this point in the development of the scheme this is essentially a site plan,a site master plan. I have done sketches on all the buildings but we have not based on where we are in the project have not done any CAD drawings,any construction drawings of the buildings themselves. I will do so as the very next work effort once we are given the go ahead, if we are given the go ahead. So right now all the buildings as such, I have designed them all but only in sketch Form. I have done everything basically freehand because I don't have the authorization yet to launch directly into the individual buildings buE I can tell you specifically what each building is,what the base sizes are,hover added up the number of cars, the number of employees but not in terms of CAD. Chair: I have a question. Do you have a plan A/B or do you have any modified plans within your own planning process? Mr. Au: Modified in what sense, options? Chair: Options, exactly. Mr. Au: To be honest this is probably the eighth iteration,it has come along a long way from what we first did. We looked at a number of placements of the buildings. We have looked at sensitivity to neighborhood adjacency in terms of homes. So this has come about as kind of an evolving plan and this is kind of where we are right now. Not to say that any of these things are absolutely cast in stone.' If we find things that need further finessing we can do so. Mr.Kimura: I have one more question. Instead of a green wall along the residential housing have you considered just putting up a hollow the wall? Mr. Au: No. Mr. Kimura: And what is the reason for that? Mr. Au: Well I shouldn't say no. If we need to put up say if the neighborhoods wants...let's say the neighbors, there are a couple of homes right in here,if they want say a 6 foot wall as a physical separation I think we would be glad to do that. Right now we are thinking of green walls,these are actually trellises,basic trellises and landscape and actually perform the thing without the hardness of a wall. But if for instance the people say no we want a vyall, we would rather have the wall I think we would be happy to do so. What we are talking about are living walls in those areas which are butting close up both visually 4nd acoustically next to those homes. Also though the buildings are only 25 feet tall max, for tho5,e roofs that slope back towards the neighbors,pecause some of the neighbors dre two stories high,they are in their bedrooms and they afe looking at this,those roofs would be living roofs. Those would be green roofs with green plants on them so when people look out they would see a green wall,maybe with maso:iU at the low level, but even the roof tops at the top would be green. Those are the kinds of considerations we axe looking at in addition to the LEED sustainability items. Mr. Kimura: It sounds like the Hunt Group is willing to accommodate the neighbors.. Mn Au: I think they have,they certainly have pressed me to do so too. Mr. Kimura: It sounds like a plan to me. Chair: Anyone else wishing to speak to the architect Mr. Au or the applicant? Mr. Kimura: I have a question for the traffic man over there. Mr. Packard: I would be happy to answer your question or I am capable of going through a summary of the traffic report that has been submitted in your application. Mr. Kimura: One second, over here you have a left hand turn,that is what it loOk�like. Planning Con rpission Minutes November 22,2011 53 Mr. Packard: Correct. Mr. Kimura: You have a couple of stone pillars there. Mr. Packard: That is correct. Mr. Kimura: Is that going to be eliminated? Mr. Packard: The U in there right now is County property and those stone pillars are entrance to the County access driveways that go through there so those are County... Mr. Kimura: Those are going to st4y. Mr. Packard: That is a County owned property and therefore it is the County's right to do what the County chooses to do with.it. Mr. Kirriurai But it's going to stay. Mr. Packard: I do not believe that that has been determined. Mr. Kimura: Well I am going to determine that, that is going to stay. It has been there since the day I was born. I was born and raised in Kilauea, it is a landmark. Chair: Jan, are you through yes or no? Mr. Kimura: Yes, I am good. Mr. Mr. Chair, before I begin calling the names the department has received 8 letters in opposition of the application, 91 letters in support of the application, 6 letters and a petition concerning comments about traffic. There are 19 individuals signed up to testify for today's public hearing and they will be allotted 3 minutes apiece, the first is Bill Troutman followed by Scott Mijares followed by Dan Saindon. Mr. Bill Troutman: Good afternoon. I am the representative for the Kilauea Seniors fot the Kilauea Neighborhood Association. The Kilauea Seniors have submitted a letter and I just would ask.you to read the letter in its entirety but I would like, they asked me to eri�phasize one paragraph inside of it. We have lived through decades of unfulfilled promises when other projects were permitted in ow' community. We understand that the bypass road is not their Kuleana but we feel as if this road must be in place before the project is allowed to go forward. The seniors voted unanimously without abstention and it is highlighted, no permits be issued for this development unless the bypass road is first completed. Last minute, this Sunday the Kilauea Neighborhood Association met and they voted to ask that the Variance on this application permit be denied. The Kilauea Seniors feel a$ if Kilauea needs more affordable and low income housing and they support the Kilauea Neighborhood Association's stand. I am also the community representative for the Kilauea School Community Council. The Kilauea School Community Council does the financial academic plan and hers manage the Kilauea School. The Kilauea School Council has submitted a letter also; I wish to read one paragraph from their letter. "As a result our SCC would like to voice our concerns about the project and would like the bypass road to be in place before permits are issued for this development for a couple of reasons. First,there will be substantial increase in traffic from construction vehicles and the project. Once the project is completed there will be no doubt an increase in traffic because of businesses and the shopping center. Kolo Road and Kilauea Lighthouse Road's already pose safety risks for our pedestrians and our students. . Secorid, we are encouraging the walk to school program. At our school the program is occurring monthly. This program encourages students to walk to school instead of drive with concerns. With increase traffic our students will increase risk and before and after school due to Planning Commission Minutes November 22,20l 1 54 safety concerns. We understand that the bypass is not the responsibility of the Hunt group but we feel that the bypass road must be in place before the project is allowed to go forward. Thus, we,the SCC of Kpauea School,would strongly suggest, and it is highlighted,no permits be issued for this development unless a bypass road it first completed",thank you. Mr. Dahilig: Scott Mijares followed by Dan 8aindon followed by Evelyn De Buhr. Mr. Scott Mijares: Aloha Director, Chair,and other members of the Planning Commission,my name is Scott Mijares and I live in Kilauea. I have been keeping up to speed on the Hunt groups development of this plan as a member of the KNA. I have been to a lot of meetings, seen a lot of presentations, and I think if you are looking at it for the first time this looks like a great shopping center. But the white elephant in the room is the traffic and it just can't be iInored. I am opposed to the project moving forward without a bypass road being in place or operational because without it this development,the traffic that is needed to support the viability of the new businesses that they are going to put in this 49,000 square foot or 46,000 square foot development creates an uhfair and undisclosed burden on the residents of Kilauea. And what I mean by undisclosed is the residents have been sold the benefits of being able to walk and go and get groceries or go to the bank and so forth but what they haven't been brought up to speed on is what the impact of this neW shopping center is going to have on their lives. As you know Kilauea has all residents on Kilauea.Lighthouse Road. They are hot big homes,they don't have circular driveways. People can't get in and out of their driveways or homes right now. I was speaking with one resident that said that the tension has gotten so high at times that when he was attempting to back out of hi's Driveway even the Kauai Coullty Bus didn't want to take the time to wait for him to get out and went around him into the opposing lane of traffic to get by him. He was just blown away by the amount of traffic that's coming through there. The stores like the grocery store,the restaurants,these are all low margin businesses,they don't make money ba$ed on their margin they make money on volume; they need lots of people to come through. And the hardware store, sorry Terry because you are a friend of mine and I support you but that hardware store is going to be moved from Princeville into the town, into the heart of Kilauea town drawing customers from Hd'ena,possibly as far as Moloh'a or Anahola. That is a lot of people that are going to be drawn into the Kilauea tow' own that would otherwise hot make the turn and come in there. That is going to have an adverse impact on the residents of Kilauea both on Lighthouse Road and the ones that access through some of the cul-de-sac areas and it is going to be very frustrating. And I think it creates a potential public safety hazard. You are going to hear from a lot of people in the room, most of the people are in favor of the development,they have a lot of good reasons,they put on a good presentation. But who we are not hearing from are the people who live on that road because they have to work today and someone has to speak for them and represent them because their lives will change adversely if that traffic is not dealt with prior to. Let's not put the cart in frpnt of the horse basically,thank you very much. Mr. Dahilig: Dan Swindon followed by Evelyn De Buhr and Robert Wolaver. Mr. Dan Saindon: Hi,my name is Dan Saindon. I am a resident of Kilauea. I have,a letter,a friend that he didn't know how to get it to you other than to give it to me to bring down so it is a letter in opposition also so we can go up to 10 instead of 9 for the ones that were turned in. I just wanted to state that my own personal interest is the traffic. It is difficult getting through Kilauea Road right now and if there is going to be what the Hunt Group estimates another 20%it is going to unbearable. I do think that it is going to adversely affect the businesses that are there which just happens my daughter just happens to own the small grocery store. She will be out of business because of it. I guess that is about it Mr. Dahilig: Evelyn De Buhr followed by Robert Wolaver followed by Michelle Carroll. Ms. Evelyn De Buhr: My name is Evelyn De Buhr. The Hunt Group seems to be very nice people,. They have been comitlg to KNA meetings regularly for two years, maybe longer Planning Commission Minutes November 22,2011 55 and have presented themselves as contrib40rs to the community. But now I am hearing about special treatment for particular people in town, flying them out to;an aircraft carrier to be wined and dined by the military. The Hunt Group has brought junketing to Kilauea trying to buy favor and influence with members of the community and even board members of the Kilauea Neighborhood Association. You might ask people who testify in favor of this project if they have been taken on the junket or has Hunt paid their wages to appear today. I wonder about the size of the project,46,000 square feet of commercial space is a lot of space in tiny downtown Kilauea. That is half the size of Princeville which as empty spaces now and nine times the size of the historic buildings they are going to engulf This whole project is buildings and parking lot, almost no green space. The Hunt folks want us to like it and support them brit they have given us very little to go on in order to visualize how this project will impact the town of Kilauea. What will it look like in the heart of Kilauea? How will it affect these beautiful historic stone buildings? Think about it,nothing like this has ever happened in any town on Kauai. They are going to plunk down a readymade town as if it is dropped from the sky and we have no idea what it is going to look like. Think about Hanalei,there is the Ching Yung Village and there is the Hahalei Town Center across the street,two radically different ideas of beauty and function in a commercial district. We have ho idea are these buildings going to enhance the stone buildings or riot? We are also hearing about the Lighthouse Village as being green,that it is a green project. But at the last KNA meeting the architect revealed to us that in order to satisfy the County requirements of green space or open space they are simply borrowing the open space from this dispensary. How can this be? How is it possible? How does this make any sense? It doesn't seem fair or reasonable in any way except that it allows them to maximize their profits. Hunt is after all a business and making money is what they are about. They have told us the rents are not going to be exorbitant,that small businesses will be able to thrive but we have heard that the pharmacy who was supposed to move over there,the owner of the pharmacy has checked out the prices and he won't be able to afford to go there. When we did the(inaudible),the town community did the(inaudible)a few years ago planning this down town,the idea was to move businesses that were in the neighborhood info the town center,the small machine mechanic,the auto repair guy, and the pharmacy,they are not going to be able to afford these spaces. So,how realistic is this plan? Why does it have to be built all at once? How is it possible to use the green space on a property that you don't own to satisfy the County requirements? What about the road? There has to be a condition that the road be built. These are my questions about the proposal and what about those junkets? Mr. Dahilig: Robert Wolaver followed by Michelle Carroll followed by Ellie Ward. Mr. Robert Wolaver_ Aloha all. First off I would like to thank the Hunt Group for all of their efforts to accommodate desires and needs of the citizens of Kilauea. However Kilauea never asked for...Robert Wolaver. Kilauea never asked for and certainly cannot support a shopping center the size proposed by the Hunt Group. The center has been promoted as for the locals but as one of the Hunt's own representatives said referring to the Kilauea Lighthouse traffic it is a lost revenue stream. It is not called the Kilauea Viilake Center it is the Kilauea Lighthouse Village. Oh and by the way it is Kilauea koad trot Kilauea Lighthouse Road. We have been promised local stores arz 4 no tourist type stores. That was also promised when the old Hanalei School House was moved to its present location and we know What has happened there. Business is busines8 and the stores will be rented to whoever can pay the rent. We are told the stores will be able to sell for less doe to lower rents. This certainly will attract many additional shoppers from all areas of the North Shore and not just Kilauea. Kilauea cannot handle the resulting increase in traffic. The additional traffic conservatively suggested to be 20% in the Hunt's traffic study cannot be mitigated by a few traffic lights and turn lane,that is a joke. The number of cars traveling on the small streets of Kilauea is what counts. Traffic will be a nightmare. Planning Commission Minutes November 22,2011 56 Of course there are alternatives in the works;the Hunt Group has kindly taken upon its self to initiate the process that would create a new entry road into the center of Kilauea. If and when it is built the new entry will direct all traffic to the Lighthouse Village. If and when are the key words. There are no promises or reliable schedules when it comes to road development. If funding can be obtained it could take 5 to 10 years to complete the road. The citizens of Kilauea cannot and should not be expected to endure the traffic conditions that will result from this large of a center, which brings us to the number one issue of Kilauea, the affordable housing. Apparently the land set aside for commercial development by the Kilauea Town Plan is not enough to accommodate the center as desired by the Hunt Group. As a result they are asking that over one acre of residential land be rezoned to commercial. Kilauea needs all of the affordable housing zoned lands that it can build. There is precious little land for it and what exists should be reserved for the people and hot given to developers. Considering all the above I believe that the zoning change should be denied and the center, if allowed to be built, reduced in size to fit the existing commercial land ana to fill the true needs of the citizens of Kilauea and not the North Shore. Also,to prevent a dangerous traffic situation on the already ctowded streets of KrlAuea that if permitted to be built the center not be allowed to operate until a new entry is opened. Mr. Dahilig: Michelle Carroll followed by Ellie Ward followed by Ken Taylor. Ms. Michelle Carroll: My name is Michelle Carroll and my husband and I have resided in Kilauea for over 2Q years. I am no,E happy at all about the possibility of a shopping center being built in Kilauea and I am absolutely opposed to the Variance wanted by the developers concerning an acre plus of their property which was previously designated for low income housing. And I started this by telling you about a place where I moved here from Key Largo, Florida,which was very similar to here with one road going around it and we saw the entire Keys being taken over by commercial development. During the time we hsve lived he eile in Kilauea it has been assaulted by numerous speculators whose only interest ultimately was their own. Presently the rural plantation community of Kilauea is being threatened by developments that if allowed to proceod w4 change the rural plantation town of Kilauea to a commercial hot spot. In particular the proposed Kilauea Lighthouse Center in the heart of Kilauea will draw shoppers from all areas of the North Shore creating a traffic nightmare, disrupt the residential lifestyle of the community and will pave the way foi future commercial development that they will say is needed by and for the local community. This center is way too large for the Kilauea community to support. No matter what the Hunt Group may say about this being for the community there.is no vvay this center will succeed without the support of the entire North Shore,resident and visitor alike. Any suggestion that is for and can be supported by Kilauea along should be taken'With a grain of salt. Their coheeptual,plan includes shops that already exist in Kilauea. The developer mentioned in one of his early presentations that visitor traffic to the light house is lost revenue. If indeed it is otir misfortune that all permits are approved and the center is inevitable then any construction must not and should not occur until the bypass road as proposed in the town plan has been co hstructed on the adjoining 160 acre property which hopefully and ultimately will wind up closer to the light house thereby removing traffic from our residential town. This is a small town,a quiet community,historical community and should remain the same. Last week I was part of a survey team providing information on the proposed center to anyone who might have questions. Many of the people who stopped by our fable were visitots and all were shocked, surprised, disappointed and very sorry to hear the Kilauea Town they loved to visit may soon lose its charm of what is left of one of the last nicest towns on this island. Every town does not need a shopping center. They are things of the past. Just look at Coconut Market Place or Kukui Grave,many empty stores and this is what will happen to Princeville as merchants there will relocate because of the promised rents. In addition to the use of the land for a shopping center does not alleviate the problem of the old Special Use Permits in residential neighborhoods. Those businesses were supposed to be able to move to this new Planning Commission Minutes November 22,2011 57 commercial center. I am hoping that you will keep Kilauea,Kilauea, and the Nprth Shore the most special place on all the islands to keep its rural character. We do not want to exchange our peaceful community for the so called convenience of a shopping center. Thank you very much. Mr. Dahilig: Ellie Ward followed by Ken Taylor followed by Niki Pignoli,Ellie Ward? Ken Taylor? Niki Pignoli followed by Tim Kalai followed by Hope Kalai. Ms.Niki Pignoli: Aloha Chairman Texeira and members of the Planning Commission. I am Niki Pignoli. I am a resident of Kilauea and I have lived there for about 11 years nova so I was actively involved with the Charetts meetings and the evolution of the 2005 town plan for Kilauea. And I would state if anyone looks at the town plan the number one concern of the residents of Kilauea in 2005 through 2011 is for affordable housing, 80%of our population wants affordable housing for our co unity. The establishment of a new shopping center was never an issue, it;was a consolidation of existirtg` shopping and business areas into one consideration, ore consolidated area. The issue that I did want to talk about briefly today is I am a member currently of the Kilauea Neighborhood Association Boar. I thought our president John Constantino was going to present Board information today and he was called away to a meeting so I think he left a packet of information as to vyhat our Board has ascertained from it community survey of 1,300 people in the community, 300 of which returned the survey so about 25%. But the one issue that I wanted to present today was the fact that our Board met yesterday, 10 members of the Board present with one(inaudible). The Board voted unanimously with 1 abstention that we are totally opposed with any chaAge of zoning of that 1..3 acres from residential to commercial. We want the zoning kept,that 1.3 acres cannot be given away,thank you very much. Mr. Dahilig: Tirn Kalai followed by Hope Kalai followed by Tom Pickett. Mr. Tim Kalai: Aloha, for the record Tim Kalai. Once again thank you Commission for hearing us out. I am not speaking as myself as an individual nor I guess as a representative of the KNA Board but,l' ast some that was on the communication committee which put out a survey to try to get a(inaudible) of what the attitudes or the feelings of this particular project and some of the concerns in the area were prior to having this Planning Coramission hearing. And so what I have before me and I am just going to read strictly off this paper which I wish to also present as factual material towards the Chairperson. And that is just the results that of the pole that went out or the survey I should say. We asked basically four questions and we polled 1,325 resident post office boxes. We received 333 survey returns which boils down to a 25%return(inaudible) being built and open before the shopping center is built. So what we are submitting are the complete results for the written record and here with is the conclusion. Our survey showed 48%were in favor of the project and 29 opposed to the new development. But it also showed that 73%were in favor of installing the infrastructure, i.e.the proposed new entry road before the shopping center is completed. When asked for written comments more than half of the respondents wrote passionately about these extremely igiportant issues. Comments can be reviewed upon your request and those comments I have herd of which I do not wish to read because some of the material or the comments that were returned are I don't believe applicable. And once again nor do they reflect anything from the KNA Board,just basically from individuals from the community. So thank you so mgch for that time. Mr. Dahilig: Hope Kalai followed by Tom Pickett followed by Kathleen Pickett. Ms. Hope Kalai: Aloha again. My husband singed me up and I didn't know I was going to talk so here I am. Talking about cWnge and change in Kilauea and Kilauea doesn't like change. We are faced with a lot going on right now that t don't giant to se,gmentalize and look at one little thing here, one little thing here and one little thing here, we need to look at the whole big picture holistically if you will. And I don't want to go crunchy granola on it but we have a lot going on. The Kilauea Lighthouse Wildlife RefVge is looking at changing and they have three alternative plans, one of them involves taking.the admin. and the maintenance shop off the refuge property and locating it more back into Kilauea Town. Twenty five percent of our traffic Planning Commission Minutes November 22,2011 58 in Kilauea is going to the lighthouse. If the whole approach to the light changes and,.that 25% of the traffic changes we need to talk about that in cpnjunction with this new project proposal. So if the lighthouse entrance is going to be closer to Sea Cliff that brings traffic direction in another way, if it is going to be over more towards the Hay plateau piece that brings up another_ challenge. Ten years ago in the Kaua`J General Plan it was known we needed a bypass. Here we are 12 years down the line talking about which comes first, d velopment or the infrastructurd. We, as the community of Kilauea are appealing to the County for help with our tra&c safety issues before they get worse. How can we deal with this in a respectful way to honor their development needs and keep our community safe? We have a lot of KuOuna that don't feel safe. This proposal has three cross walks from Kilauea goad to the post office. That is going to change a lot of people if they have to go through 3 different cross walks to get to their mail. If They were coming in the other way it would be different. Something really important is the unique flavor of Kilauea that has changed so much in the past decade. We had a priority of workforce housing that was looked at as blue collar and now we have this rodeo drive affect going on at Kalapea. Kilauea has changed a lot but what hasn't changed is the need for schools. We have been dancing around the middle and upper school need for a long time and we need to factor this into our Kilauea community plan. If it is time to go again on the Kilauea area plan so be it but our need for education on the North Shore is not going to go away and I really would like to address that. Mr. Hay is open to ne€,otiation for a school so maybe this is the time we need to discuss it. Thank you for your time. Mr. Dahilil7: Ton Pickett followed by Kathleen Pickett followed by Terry Caplan. Mr. Tim Kalai: Excuse me, I know that I look like Tim Kalai but I am really Toni Pickett and Kathleen so I am asking the Commission if I may have your permission to read statements on their behalf since they were or vacation to the mainland but were requesting to have this read. Chair: So he has requested you tq... Mr. Kalai: To speak on their behalf and to just read their written...at which time I wish to also hand these in to the Commission as well as testimony as well. Both letters pretty much mimic each other so I will play both roles on their behalf,almost synonymous word for word. "To the honorable Commission regarding the k lauea Lighthouse Village development: I am not in favor of the Kilauea Lighthouse Village. I don't believe it is fulfilling the original intentions of the Kilauea Town Plan. If it does receive permits I believe it is imperative for the safety and quality of life of the residents of Kilauea that infrastructure be in dace and open before finishing and opening the proposed shopping center. Specifically,I believe that a new entry road should be completed and open before the center is finished. I emphasize the word completed. I also doubt the validity of the developers excuse for not being able to include the low cost housing segment of the town plan. They claim they do not have enough water available yet they can include five food service outlets that take many times more cubic feet of water to operate than a few households. In addition the adjacent landowner who is cooperating with them by deeding land for a new road has publicly announced the success of their water well they have just finished. Therefore there is potential water available by forming one more agreement between landowners. Respectfully,Thomas S. Pickett,respectfully Kathleen K. Pickett",mahalo. Mr. Dahilia: Terry Caplan followed by Avery Youn following by Patty Ewing. Mr. Terry Caplan: Aloha Chairman, my name is Terry Caplan. I have resided in Princeville, as of January 2,2012 I will have owned and operated Island Ace Hardware in the Princeville Shopping Center for the past 24 years. Upon first operating Island Ace Hardware in 1988 the store compriadd 4,000 square feet of sales floor. After 10 years, in 1998, after not being able to find suitable land or another retail rental space to relocate to I took upon the task of Planning Commission Minutes November 22,2011 59 acquiring an additional 3,100 square feet and engaged in a total renovation which I still operate. Through the years I have survived 4 landlords all of whom have continued to increase my rent and most recently to a point at which I am faced with either relocating the proposed Kilauea Lighthouse Village or simply closing my doors. The Hunt Group has proposed realigned rent rates along with considerably less common area maintenance fees that will allow me to continue to serve the North Shore communities with many hardware and building supplies necessary both on a day td day basis a:>well as in the event of possible disaster or emergency circumstances. Island Ace Hardware provided the North Shore with necessary emergency needs both before and after hurricane Iniki in 1492 and during the Koloko Dam disaster in 2005. I am looking forward to establishing a new home for Island Ace Hardware and in particular look forward to an energy efficient green based LEi1D building. I have always operated Island Ace Hardware with the consideration of good customer service providing a variety of services that allow the North Shore to operate sustainably and if necessary help in the event of being isolated from the rest of the island with merchandise and service which otherwise are hot provided for. I am looking forward to providing employment for the surrounding Kilauea comrilunity and surround myself with a community that shoves great promise to be a completely self sustained model for other similar smaller communities State wide as well as nationwide. For these reasons I request that consideration and permission be granted for the Hunt Group to build the proposed Kilauea Lighthouse Village Center. I would like to take this opportunity to thank you for allowing me this time to testify and share with you the possible disappointing loss of the necessary services that have been provided to the North Shore without interruption through-the good times as well as the more challenging times that we have faced in the past and will inevitably be faced with again in the future,thank.you. Mr. Dahilig: Avery Youn followed by Patty Ewing followed.by Shaven Garcia. Mr. Avery Youn: Hello,my name is Avery Youn and I am a recent resident of Kilauea. I have been there for almost 2 years now. I know this property is zoned and if you have to approve it there are some points I would like to bring up for you to consider. Firstly, I read the application and I think that the impact to the adjacent Kilauea Estate Subdivision was not completely addressed in the application. There are 7 to 8 houses immediately to the right of that project and some things that I think should be considered,there should be like a cap on night hours of operation so that these businesses do not open too late and affect the residents. There should be a setback or buffer zone. I know in one of the meetings that I went to in Kilauea there was a fence provided in between that project and the residents and it was supposed to be 10 feet high but I am just going to say there is already a fence there and if you build another fence it should be not hi per than the fence that you have there now. Also,the restaurants and bars should not be located near the residences they should be located more towards the center if this is to be approved. There are residences on both side's of the project. Dust problems have not been addressed since the project is so close to the residences and it is from experience as you might know construction dust is an issue and a developer at Po`ipu had to provide cleaning of some houses and power washing dust off walls and also had to air condition another house just because of the dust problem. Phasing should be another thing considered. This project may appear to large so it should be phased and I think you should know what the phasing would be. The driveway access points,from what I can see there are about 4 access points off Kilauea Road. That sounds like too many. There already is an access road which is thb post office and all access to this project should be off that road so as not to create anymore intersections along Kilauea Lighthouse Road. The reason's, Kilauea is a small community with lots of kids is what I have seen. And if you drive down Lighthouse Road you will always see many children with skateboards,bicycles, or walking to get to the store or post office or to their homes. And this k s probably one of the main reasons why you are hearing everybody say that the access road Dom Kuhi`o Highway should be built first. Another condition that the developer may consider is that County parr in the front is just an open grassed area,maybe some consideration should be given to approving Planning Commission Minutes November 22,2011 60 the esthetics,maintenance, and/or use of that facility as part of this project. I just have one more paragraph. Kilauea is a service community originally with(inaudible)roots from the sugarcane plantation. Most of the people residing there used to work at the plantation. Today it is a service community to resort uses that Princeville,Hanalei, and Hd'ena. Many of those who live in Kilauea are the service personnel for the North Shore,area. The town its self could be considered primarily middle income but surrounded by upper income with larger estates on the perimeter or which the landscape maintenance and housekeeping are also provided by the Kilauea residents. It is slowly turning back to its(inau+bie)roots to some degree because many of the outlying ag. lands are turning into organic farms or agricultural cultivation and that is also to meet the Real Property Tax office requirements for agricultural dedication and a reduced real property tax rate. And that is happening. The bottom line is that the project should be community oriented,not regional,the regional commercial area is at Princeville and should remain there. The design here should be low key to minimize expensive rents and high common area maintenance fees to at least try to make the goods and services more affordable to businesses and the service the Kilauea residents. And I notice the word sustainability, LEES and green have been mentioned. As an architect, when you say these words that only means it costs more. And my last statement would be if it costs more the savings are not generated to, initially, it takes time to get it back to the developer. So I am just hoping that some of these savings over time by developing LEED projects or LEED buildings will be passed on to the tenants,thank you. Mr. Dahilig. Patty Ewing followed by Sean Garcia followed by Mark Freeman. Ms. Patty Ewing Good afternoon Commissioners,my name is Patty Ewing. I own Kong Lung Center and Kong Lung Trading Company, a retail store in the town core of Kilauea. I am a resident of Kilauea and I have lived on the North Shore for 40 years. You have already heard actually from two of my tenarits that have reservations about this project so I want to be clear that I am representing my own personal views as a landlord but also as a retail business. That said I have to'say that I have had conversations with most of my tenants and most of tl em are in favor of the project as long as there is consideration to the traffic issues which you have heard expressed here in great detail. I personally support the project of the Hung Group for a variety of reasons, most of which Matt Hunt has very...articulated quite well. I think there is an economic benefit. I have been impressed with their connecting with the community at a number of different levels. But I would like to just read a few of my...I have a written testimony but I would like to read a few things here. One thing that that I should point out since I received a lot of p4one calls, Kong Lung Center is only 55,000 square feet. I Iiave 20,000 square feet of leasable space. Clearly since 1970 with the closing of the plantation Kilauea Town has changed dramatically, the demographics,the needs,the desires. What is necessary for the community co;iatifiue and to prosper? My Center like most complexes in Kilauea is grandfathered and we are also landlocked and what that means is that we can't really meet the challenges of changing times very effectively because any improvement to our facilities triggers compliance with a all current ordinances and regulations such as parking and that simply is not a doable sit4atign for us. So I welcome the project with Kilauea Lighthouse Village just for the fact that it is going to bring the very needed parking and some of the things that you have heard people talk about from traffic that are creating Some of the traffic issues are a direct result of the fact that there is no parking in Kilauea. The Hunt Group has been ih my opinion honest and transparent regarding their plans. They have been attentive to all of the community concerns and desires, incorporated many suggestion into their project and scope of responsibility whenever possible. I am impressed with their commitment to recognize and perpetuate the historical and rural integrity of Kilauea Town. But equally important is the leadership role they have demonstrated in pursuing and being part of the solution to our long standing access and traffic problem. they have brought together various stake holders and have committed to continue to work to bring this Planning Commission Minutes November 22,2011 61 access road,this new road to be a reality. I think without their participation that road will sit and never be achievable for us in Kilauea. I want to thank you for your consideration. Mr. Dahilig: Sean Garcia followed by Mark Freeman followed by Randall Francisco. Mr. Sean Garcia: Aloha, my name is Sean Garcia. My family has been on Kauai for about 30 years and we are here because of the small town feel that the island has. I support the project. I was a little reserved when I first heard about it and before I started making a decision or to help me form a decision I asked people in my family and people that have lived here longer than we have. I think it is going to add convenience,the shopping is going to add convenience to the residents. I think the project in being that it plans to be eco sensitive and community sensitive and then seeing it, there is a lot of open space when I look at the blue print. So I think it is going to, to me, fit into the Kilauea small town feel. I don't think it is going to change it drastically. The traffic is going to be an issue. I think the biggest reason I support it though is the reality of the situation now is that the economy is kind of flat, it is busted. Some say it is going to get worse before it gets better or maybe it is going to just get better but it is going to be a slow growth. It is going to take things like this to add jobs and that is the bottom line for me is this project is going to add jobs. I have a lot of friends and cousins sitting on couches that they could use jobs. And I know a lot of people that support it solely for that it is going to bring jobs to the island which we need, we desperately need. I think the Kauai unemployment rate is higher than the rest of the State so for that reason and for those reasons I support it, thank you. Mr. Dahilig: Mark Freeman followed by Randall Francisco. Mr. Mark Freeman: Aloha Commissioners, `my name is Mark Freeman. When I signed the attendance sheet to attend this meeting today I didn't realize I was signing the testimony sheet so I am therefore unprepared. I have lived in Kilauea fo:r 31 years, my children, 3 children were born and raised there. I own a business in the Moloa'a area and my background is agriculture. I believe that the Hung Group really has shown me their honesty and ability to address questions of infrastructure because I have asked them pretty much everyone I could think of. I have concerns about the project, traffic is the concern. It somehow has to be resolved so that it works and it doesn't put a nightmare in our community but at the same time it seems like a lot of the services they are proposing could be beneficial to Kilauea. I drive to Princeville, sometimes I will go all the way to Princeville Hardware to get a nut and a bolt so I am sitting in traffic, I am burning gas and I ant asking myself, what am I doing? But there really isn't any other option so in that regard I think it is really beneficial. I an!on the Kilauea Neighborhood Board. I was the abstention on the vote because I am interested in working with the recycling aspects of this project which you haven't really heard anything about and I have questions about that, how it's all going to work and what could fit in along the lines with the green aspects of it and the LEED construction proponents in the beginning. And I am also interested in the wastewater aspect of it. I oy%vn a composting business in Moloa`a so those are the types of infrastructure things that I look at. But I do drive to the post office every single day up and down this road and traffic is a really big concern and I am not sure really what the answer is whether it is an either/or answer or compromise or a combination of solutions that will get it done. I don't want to see Kilauea get totally jammed up and be sitting at an intersection and having been in favor of the project and not having said something along those lines. And on the other hand I see the positive things that this can bring to the community. So I think infrastructure, traffic flow,how it's going to be a safe project for the kids and the growth of Kilauea to live and prosper, I always,' look to the next generation, we are only going to be here for a Iittle while and then somebody is going to inherit that, that is our children. If it fits in and it works and it really provides services, great, but the infrastructure has to work around it or it's going to be just like other developments that I have seen that maybe I am not so in favor of. Anyway, I do support the Hunt Group and all their efforts and being willing to be honest and answer all the questions and do what they can to promote a project that will work in the community, thank you. Planning Commission Minutes November 22,2011 62 Mr. Dahiiig: The last speaker I helve is Randall Francisco. Mr. Francisco: Aloha,Randall Francisco, K.Oua`i Chamber of Commerce. I stand on the testimony presented and delivered earlier in support on behalf of the Chamber. What I would like to speak to is first to acknowledge everyone else before me who have shared their manab because I have been watching and trying to understand the culture and the vision of this group called Hunt Development Company. And over the past year in my visits,this year having gone to the Forth Shore as the community of choice and fobus on the a monthly basis I have tried to understand the culture and the traffic,the business situation and the lifestyle. And the question for me was how does this project fit in within this community at the same time answer my aunties and uncles who for generations have lived there vyho came as immigrants;,became part of the community and watched everyone else come back after them? Their main:concern is Randy,you better make sure that the tomatoes are good prices because I get that from them all the time. The price points unfortunately in the area suggest to them that as laborers,housekeepers, and so on, service people whirl support the industries in Princeville and Hanalei they have to rely on their income to keep their households moving forward trying to take care of multi-generations of families. And what I am asking is that all the lessoris learned from today,the information you gathered,the Hunt Development Company continues to demonstrate its commitment to the integrity of the process and honor the commitments being made so that I don't have to answer to my aunties and uncles,you did a lousy job in supporting this group. They are not here today to speak because unlike other senior citizens they have to work. Thdy and their children have to come in and out of the neighborhood in order to have the jobs and maintain the kind of households that they have 3 generations living in 5 bedroom homes bedroom homes because they can't afford to go anywhere else. So my final comment is in taking all this infohnation together and you as a body, I ask that whatever conditions you impose let these conditions be practical in this economic environment be long lasting and service a mark for people to look back and say we made the right decision. Hunt Development was right in coming in.and doing what was right and accepted that things sometimes were wrong and they made the right corrections along the way,mahalo. Mr. Dahilig: Mr. Chair that concludes the list of speakers that I have. Chair: We are looking at 3 more potential testifiers,why don't we start at the left. Mr. Ben Welbourne: Good afternoon Commissioners,Ben Welbourne. I represent Bill Hay and his partners who own the 120 acre Kilauea Plateau property that sits just to the west of the Hunt Development Group's property. My client Mr. Ha�has been to a number of the community meetings that have been attended and presented,where the Hunt Development represented at earlier this year. I just want to read something from at letter from Mr. Bill Hay to the County Engineer,Larry Dill, and I will just paraphrase from tale letter. It says,"Earlier this year at a Kilauea Neighborhood Association meeting in February we,meaning Bill Hay and his partners,publicly expressed our willingness to dedicate the land to the State or County for the new entry roadway. We are hereby reiterating that commitment to you and asking you to include the proposed roadway in the County's transportatioh planning. We have also publicly expressed a commitment to donating land for a network of multi- use paths for biking and walking and other non-motorized modes of transportation which would provide key linkages through our property to the Kilauea Town Center at Kaneke Street connecting to Kalihiwai Road,the dirt road leading to Kaupea Beach or Secret Beach, and Kuhl`o Highway opposite the new intersection to the Bill Porter development. These multi-use connections are very consistent with the Kilauea Town Plan and they are also supportive of the multi-use North Shore path planning effort which is currently being undertaken by the Kauai Path organization. Also,for what it is worth and once again looking to the YJIauea Town Plan for guidance, we support the idea of utilizing roundabouts at the Kuhi`b Highway and Kilauea Planning Comibission Minutes November 22;2011 61 Road intersections for the proposed new entry road if doing so can be cost effective and supportive of the County and DOT's long range planning." So those some comments from Mr. Bill Hay and this letter was sent to as I mentioned Larry Dill, it was also provided to Mr. John Constantino who is the president of the KNA,to Director Dahilig,to the Mayor's office, to kay McCormick who is the State DOT representative here on Kauai,to Shannon Smith, the manager for the US Fish and Wildlife Refuge, and to Matt Hunt of the Hunt Development Group,thank you. I will submit this as testimony. Chair: Thank you,the man in the blue shirt. Mr. Jeff Guest: Good afternoon Commissioners, my name is Jeff Guest. I am a lead.AP and I am in favor of this project. I see some great things that Hunt Development is doing,the transparency,the things they are bringing out to the;Community. One of the key elements to a sustainable site is having 10 to 20 services,being banks, restaurants, grocery store,within a half mile radius. So this development is centrally located,people can walk,use the future bike path and it creates a energy there where people in the neighborhood can get the goods they need easily and not having to drive. I have heard the arguments, oh we don't mind driving to Princeville,well that is not sustainable,burning fossil fuels 10, 15 minutes at a time,if wir can save from doing that we are getting steps ahead. That is a key to a neighborhood,having areas that we cazi walk to,ride our bikes to, and save on those burning of fossil fuels. Also I see it as a real catalyst to the completion of this road. It has been kind of dead for a decade. I have lived on the North Shore for 20 years. I have lived in Kilauea forr about 7 years. There has always been talked about that access road but now it is a big subject. These guys are building one third of it basically to get it started and the rest of it,well it would be nice if it vas doing it in conjunction but I don't know if that is going to happen but it would certainly help if that road was in. But it is the catalyst to make it happen. I think it is a really important part of this whole process. - And also just our economy right now,when you look at it, it is going to create jobs, it is going to keep a lot of that tourism dollars is going right past some of the stores right t 4 ere at that intersection and if we have the Cinergy there more people are going to stop,more people are going to walk across the road to Patty's stores. Azad I think the Tittle stores across the road are going to really benefit from this project. I hear a lot of people thinking otherwise but I ran the Princeville Chevron for 12 years and can certainly know how Terry feels about being choked out of business and having a hard time running a business whose landlord keeps on jacking up rents. But that Cinergy that can happen and the economy is really going to benefit from this project I believe and I am in favor.of the project,thank you. Ms. BML1 Blaich: Aloha Commissioners, I am Beryl Blaich, I reside in Kilauea. Really quickly I want to say that this land has been zoned since about 1383,this is the right place for a neighborhood commercial project. This commercial project is too large for its site. I want to point out that this is the iconic building,the biggest Puilding that we in Kilauea know. This means more to us than the lighthouse really in' terms of our identity. Now I want you to focus on just quickly absorbing this overall view and tell me,is this building a standout? Now we have never been able to look at this in anything but this bird's eye view so there may have been many iterations of this project but this is what has been on their website. Well this is a slight revision since Jul but this fundamental plan of shoving all the big buildings to the neighbors,that has remaine the same. There is open space,this is it, it is the County park dnd then this parcel,open space around this parcel which is the dispensary. So where is the open space on the 6 acres which comprise the Hunt project? Now,this is supposed to be a 45,000 square foot project,44,000 square foot project development but don't forget that this is 4,500,maybe 5,000, and this is about 2,000 so all of this is a 51,000 square foot project. Now Ching Young Village is 38,000 square feet leasable space and the Hanalei Shopping Center is 21,000 square feet leasable space. So there in the heart of Hanalei you have two sides of the road 59,000 square feet of leasable space. We haye 51,000 square feet of leasable space that would tak6 in as one project. So this is j.ust Planning Commissign Minutes November 22,2011 64 something I want you to just think about. I want you to think about scale. And I think this is an inadequate drawing for you to make such a big decision about scale. In order to approve this project district yqu will have had to have received a lot more information than the community has been shown in the year of meetings. You're going to leave to have seen detailed architectural drawings. You are going to have to know exactly how wide those roads are and exactly how much the actual,according to this is...with alignments and improvements of proposed streets in the circulation plan. You are going to need drawings of the pedestrian and drainage ways,do you have those? You are going to need a description of how the property is divided fOr individual parcels for sale. Do you have that? Do you have the multi- party development agreements because this is owned by three separate owners so die agreements between them have to be part of the package you have. Do you have that? The community hasn't seen that of course but do you have that? I will be glad to relinquish my time and let somebody else talk and then I would like to come back. Chair: Could you summarize? Ms. Blaich: I am going to try hard. Do you guys know where the sewage treatment plant is? Do you see that on there? We have been told we are going to get a living machine and constructed wetland. I don't know where it is. Why do we need these things Ms. B"laich? Well we need them because they are part of the public record and we as a community need to be able to see them and consider them too. Why else do we need to see them? Well because we have come to expect so much of the Hunt Group,they have been so amazing and wonderful about attending all of our community meetings and yet I don't know that we are learning everything we need to learn about this project. And I was so expecting today that we were going to learn more and I am really worried that you are not. And one of the other things that I want you to know and this is really important is there is a new way of soliciting public input in Kilauea and this is the second time it has happeAe'd. Individuals who are leaders or are opposition are repeatedly asked if they would meet individually with the developer. The problem with this is that there is no collective understanding of agreements and therefore we don't have the same information. That is just a marketing approach and not a public participation approach. So these guys have had parallel processes going on and my little airplane here is a reminder of how public process seems to be changing in our town. So I want to thank you so much for ypur attention. Mr. Dahilijz: That is all the testimony that we have signed up. Mr. Chair,the department's recommendation on this particular application is to ask for a deferral on the matter based on the public testimony that has been received and we will start taking a look at addressing certain isspes and conditions. However for timing purposes and the potential of close of public hearing there is a dilemma concerning timing and that is that the Commission does not meet during the second meeting in Decembet. I guess I would like to,with your indulgence Mr. Chair,request the,owner's representative to come forward and see if they would be willing to should the Commissioo entertain a motion to close the public hearing waive the mandatory, action deadline to February loth to pxovide the Commission at least 4 meetings between now and then to entertain this application. Chair: Do you want to comment on that? Ms.Nishimitsu: For the record, if the question is if you close the public hearing...for the record, Lorna Nishimitsu,the attorney for Kilauea Ventures,LLC. If the question is whether the developer would grant an extension of time if the public hearing is closed today to allow you to deviate from the deadline for action the answer is yes. But I guess it is dependent on whether the public hearing will be closed or not. Mr. Dahilia: With the Commission's indulgence the departmental recommendation would be to defer`the item,request closure of the public hearing with the understanding that the applicant has waived the mandatory action deadline to February 14th. So at that point we have at least 4 meetings between now and then to potentially entertain a motion. And we would ask if Planning Commission Minutes November 22,2011 65 the Commission does,approve the closure of the public hearing that the owner's representative does send the department a letter confirming the waiver of the mandatory deadline. Ms. Nishimitsu: Yes, we can do that. Mr. Raco: Chair, Mike, we could continue public hearing, right? Then that condition would not ttigger the deadline. Mr. DahiWz: That is correct but it is the department's recommendation to close the public hearing at this point given what has been received. Mr. Raco: So if I want to continue the public hearing and get more details on some of the questions we have had I could certainly do that and then continue and then keeping continuing until January, right? Mr. Dahilia: It is meant as a procedural mechanism at this point that we would be able to still receive testimony that has come in to ask for more information to be addressed and to have the r'neetings between and then, :still have the item on the agenda for more flushing out. But at this point it would still be the d'epartment's recommendation to close the public hearig. Mr. Jung: Just to reiterate that, if the concern is about public testimony once the dgenda item is up on the calendar the public will still be able.to testify. Mr. Raco: Yes, I just don't want to...the holidays are coaling up and we have one more meeting in December. I don't want to come back in January, February, work hard,not work hard but put together my thoughts and then in February I make a decision. Mr. DahiWz: It would be February 14th Mr. Raco: I don't want to be reading this packet during the holidays. I would rgthex read the packet and get through with the packet starting in January and not try to shy away from doing my homework I guess for the month of December. But if you want to...I am just trying to leverage that if I continue public hearing... Mr. Dahilig: I understand. Mr. Raco: I would rather continue it to January and then have a motion then, in January. Mr. Dahilig: If we were to close it today it would put us at the first meeting in January as mandatory action so this is actually pushing it out beyond that timeline so that is what this would be. Mr. Raco: So if we close the public hearing and we get an extension from the applicant we are looking at what, February for action. Mr. Dahilig: February 14th Mr. Raco: First meeting of February. Chair: With that in mind, as you said Mr. Attorney we have future meetings the public can testify on this application. Mr. Jung, That is correct. The public is entitled to testify on any agenda item as long a§ it relates to that agenda item. As long as we get concurrence from the applicant waiving the timeline. Chair: A letter is going to be submitted to the Planning Department in this regard, am I correct? Planning Cominission Minutes November 22,2011 66 Ms.Nishimitsu: That is correct. Chair: Is there a motion to close the public hearing? Mr. Dahili : It would be a motion to close the public hearing and defer the item until February 14th contingent upon the waiver. Ms. Matsumoto: So moved. Mr. Kimura: Second. Chair: Any discussion, all those in favor say aye, those opposed; one no,motion carried. On motion Made by Camilla Matsumoto and seconded, by Jan Kimura, to close the public.hearing and defer action to 2/14/12 bontingent upon waiver, motion carried unanimously by voice vote. NEW BUSINESS For Acceptance into Record—Director's Report(s) for Project(s) Scheduled for Public Hearin on 12/13/11. Use Permit U-2010-10, Class IV Zoning Permit Z-IV-2012-12 for development of an emetgency ezerator facility,and Variance Permit V 2012-7 to deviate from the requirements noted Variance Permit V--2012-7 to deviate from the requirements noted in Section 8-3.5(d) of the Kauai County Code (1987) relating to the maximum land coverage of a residential zoned lot, situated on the grounds of the existing�lu`e State Office Building in L-1hu`e, at the Ewa Street/Hardy treet intersection, further identified as Tax Map Key 3-6-005:011, and containing a total area of 66,983 sq. ft. =State ofHawai`i HAGS. Director's Report pertaining to this matter. Use Permit U-2012-9 Class IV Zoning Permit Z-IV-2012-10 and Special Management Area Use Permit SMA(U)-2012-3 to permit the construction and operation of a solar power facility a property located on Kaua`1 Beach Drive, approx. 0.3 miles east of the intersection of Kauai Beach Drive and Kf1hi`0 Highway Hanama`ulu Kauai further identified as Tax Map Key 3-7-003:015, and affecting an area of approx. 44,361 sq. ft. =Kauai Beach Resort. Director's Report pertaining to this matter. Class IV Zoning Permit Z-IV-2012-11 to permit the construction and operation of a solaf power facility on a property located on Aka Ula Road, approx. 0.25 miles southeast of the intersection of Aka Ula Road and Waialo Road Port Allen Kauai further identified as Tax Map Key 2-1-001:051, and affecting a portion of a 20 acre parcel = 1McBryde Resources,Inc. Director's Report pertaining to this matter. On motion made by Camilla Matsumoto and seconded by Wayne Katayama, to receive for the record items 2.a through e, motion carried unanimously by voice vote. For Acceptance and Finalization—Director's Report for Shoreline Setback Activity Determination. Shoreline Setback Determination SSD-2612-10 and Shoreline Setback Commissions Review SSCR-2012-6 for a shoreline activity determination, Tax Map Key 3-7-003:015, for acceptance by the Planning_Commission=Kauai Beach Resort. Director's Report pertaining to this matter. Planning Commission Minutes November 22,2011 67 Shoreline Setback Determination SSD-2012-0 and Shoreline Setback Commission Review SSCR-2012-5 for a shoreline activit y determination Tax Mqp Key 2-1-001:051, for acceptance-by the Planning Commission=McBryde Resources, Inc. Director's Report pertaining to„this matter. On motion made by Jan Kimura and seconded by Camilla Matsumoto, for acceptance and finalization for items 3.a and 3.b and receive public testimony, motion carried unanimously by voice vote. ADJOURNMENT On motion made by Jan Kimura and seconded by Camilla Matsumoto, to adjourn the meeting, motion carried unanimously by voice vote. Commission adjourned the meeting at 4:38 p.m. Respectfully Submitted. Ldni Agoot Commission Support Clerk Planning Commission Minutes November 22,2011 68