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HomeMy WebLinkAboutpc10-11-11minutes KAUAI PLANNING COMMISSION REGULAR MEETING October 11, 2011 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair, Herman Texeira at 9:09 a.m. at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A-213. The following Commissioners were present: Mr. Herman Texeira Mr. Jan Kimura Ms. Camilla Matsumoto Mr. Wayne Katayama Mr. Caven Raco Absent and excused: Mr. James Nishida Mr. Hartwell Blake Discussion of the meeting, in effect, ensued: APPROVAL OF THE AGENDA Chair: I would like to call for the approval of the agenda. Ms. Matsumoto: So moved. Mr. Raco: Second. Chair: Any discussion? Mr. Dahilig: Commissioner,just as a request we would request that we take item D.1 pertaining to the State of Hawaii, Department of Transportation as�he first item for action this morning and then move into the rest of the agenda. And then we would request that item A.2 be taken as necessary given item given item D.2 where are the SMA rules. And then move item A.3 to the end of the agenda. A.2 would be as necessary based on the discussion in D.2 which is the SMA rules. Chair: Do the Commissioners have any other questions pertaining to the agenda? If not all those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Caven Raco, to approve the agenda as amended, motion carried unanimously by voice vote. Chair: I need a motion for the receipt of items for the record. Ms. Matsumoto: So moved. Chair: Any second? Mr. Kimura: Second. Chair: Any discussion, all those in favor say aye, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to receive items for the record; motion carried unanimously by voice vote. Planning Commission Minutes October 11,2011 NOV 0 8 2011 Chair: This is for the minutes of the regular meeting on September 13, 2011. I would like to have a motion to approve the minutes. Ms. Matsumoto: So moved. Mr. Kimura: Second. Chair: Any discussion on the minutes, if not all those in favor say aye,those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve the minutes of 9/13/11, motion carried unanimously by voice vote. UNFINISHED BUSINESS Letter of Transmittal, Status Report and Time Extension.request by State of Hawaii, Department of Transportation, Airports Division as required by Condition No. 8 of Special Management Area Use Permit SMA(U)-1008-13, Shoreline Setback Variance SSV-2008-3, Tax Map Key(4) 3-5-001.008, Lzhu`e, Kauai =State ofHawai`i, Department of Transportation, airports Division. [General Business—Deferred 7/12/11.1 Supplemental No. I Staff Report to this matter. Staff Planner Dale Cua: Thank you Mr. Chair. What you have before you is basically is a staff report or a supplemental staff report and attached to it is a correspondence from State DOT. Just to refresh you, this partic�.lar application was before the Planning Commission on July 12th earlier this year, as a result to that meeting there were questions and concerns raised by this Commission in which the department informed State DOT. Since that time those questions and concerns were addressed in their correspondence dated August 12th. So basically what the department has before you is an attachment of the correspondence and at the same time it was the department's recommendation to extend the project for another two years which would take the project to April 30, 2013. Chair: Thank you Dale, any questions or comments for our planner? If not I would like to call on the applicant if the applicant is here. Mr. Ford Fujigami: Commissioner Texeira, Commission members, Ford Fujigami, I am Deputy Director of Transportation Airports Division. Today I have along with me Jeff Dorn, Engineer, Li1au`e Airport, and Vernon Lum the Divisional Engineer who is actually overseeing this project. Chair: I would like to thank you for flying in special for this meeting, we certainly appreciate it. Mr. Fujigami: No problem. We are here to answer any questions you might have concerning our application. Chair: Are there any questions of the applicant? We don't have any questions. Mr. Fujigami: That is perfect, this is a good trip. Chair: So thank you for now and I am going to call on the public to ask if anybody has any comments in regards to this item on the agenda? No one from the public is conning forward so if that is the case, thank you very much. Going back to the Director's report do you have any comments? Do you concur with the recommendations made by the staff report? You have no problem with that? Mr. Nffiga-mh No. Chair: Okay, what is your pleasure? Planning Commission Minutes October 11,2011 2 Mr. Raco: We made a motion to receive already? Chair: That was from earlier. Mr. Raco: So motion to approve the status report and time extension request for SMA(U)-2008-13 and setback variance SSV-2008-3, TMK 3-5-001:08. Ms. Matsumoto: Second. Chair: Any discussion, if not I would like to have roll call. On motion made by Caven Raco and seconded by Camilla Matsumoto, to approve Director's Report and recommendation, motion carried by the following roll call vote: Ayes: Raco, Katayama, Matsumoto, Kimura, Texeira -5 Noes: None ' -0 Absent: Nishida, Blake -2 Note Voting: None -0 Chair: Before we move forward with this agenda I would like to acknowledge the great work that the Planning Department did on the recently held Hawaii Congress 2011 of Planning Officials Conference which was held on September 22 on the island of Kala`i. I wasn't in attendance but I know that those that were, were quite happy with the results of that conference. I would like to acknowledge in particular Lea, one of our planners, and also Marie Williams, another of our planners as well as the entire planning staff for their fine work. I would like to ask those planners that were in attendance at the conference if you have a few words if you would like to add, please? Not planners, I am sorry, Commissioners. Ms. Matsumoto: I just want to say that I was very impressed with the entire experience and also with the staff planning and how they all came together and put on a spectacular educational experience for not only people on Kauai but also people throughout the State. It was just a spirit if congeniality expert advice and even engaging people from the Kauai community as presenters and coordinating panel discussions that were useful and bringing together all key players and addressing issues and concerns of everyone. It was a wonderful event. Chair: Thank you for that testimony. Mr. Kimura: I think it is a must for any Commissioner. Being a new-bee on the Commission it is very educational or it was for me. It was very well planned and my compliments to the Planning Department, a job well done. I have heard nothing but compliments from the outer islands that thi;3 is one of the best conferen�,es they have ever attended. Chair: Anyone else wishing to comment on the conference? Mr. Kata aura: The topics were certainly appropriate, on point. Also it is sort of interesting that although the counties all have different issues a lot of the solutions or a lot of the interaction certainly you can glean some information and some insight in approaching the various planning issues in the counties. So again a well run conference and it serves as a model. And again the agenda and the topics were very much on point. Chair: Vice Chair Raco? Mr. Raco: No comment. Chair: Thank you very much for that wonderful testimony. GENERAL BUSINESS MATTERS Planning Commission Minutes October 11,2011 3 Annual Status Re ort 5/24/11 from Lindsay Crawford Senior Project Manager, for Project Development Use Permit PDU-2007-24 and Class IV Zoning Permit Z-IV-2007-28 Employee Housing Project, Tax Map Key 2-6-004:019, Koloa Kauai=Kukui`ula Development Company (Hawai`& LLC. Annual Status Report pertaining to this matter. Staff Planner Dale Cua: Just to give you some project background the permits allow for the development of 75 employee housing units which includes a combination of 39 single family attached and detached units, 36 multi-family units, a maintenance building, and approximately 198 off-street parking stalls as well as the construction of an interior roadway. The property is actually located on eastern side of Po`ipu Road immediately east of the Koloa Estates Subdivision. For those of you familiar with the area this is the location where there used to be a traffic light and that fruit stand area. The proposed development is consistent with the provision of affordable employee housing which is required by condition 9 of the zoning ordinance, PM- 2004 and 370 which is the entitlements related to Kukui`ula. The applicant is obligated to develop a minimum of 75 housing units within the area between `Ele`ele to Po`ipu for first time Kauai home buyers who are income qualified employees within the Kukui`ula project area or employed within the County of Kauai. Thn Planning Commission approved the subject permits on June 26, 2007 and received subsequent status reports on August 12,2008 and July 14, 2009. Condition 10 of the permits requires the applicant to submit an annual status report. So what you have before you is status report No. 3 which goes over the project and its status. At this point the department is recommending that the Commission accept the status report relating to the project and that the applicant is made aware that the next status report is due no later than June of 2012. Chair: Any of our Commissioners have any comments for our planner? Dale I do have a question, in regards to the last annual report has there been any changes, any modifications to that report since its revision? Staff. No, none, the project remains the same. Chair: Will the applicant please come forward? Mr. Lindsay Crawford: Good morning Commissioners, for the record Lindsay Crawford, Kukui`ula Development Company. Chair: Thank you. Do you have any comments in regards to our staff report? Mr. Crawford: No, no comments. I think Dale covered it adequately. I Mr. Kimura: I have a question. You have 75 units for the employee housing, if the employees don't pick it all up is it going to be auctioned out to the public? Mr. Crawford: Yes it is,there is a certain percentage, yes. Mr. Kimura: Thank you. Chair: But this is still a first time buyers though, that would not change, right? Mr. Crawford: Right. Chair: Anyone else have any questions? If not thank you very much. Anyone from the public wishing to speak on this item, seeing none what are the wishes of the Commission? Mr, Raco: Motion to accept into record the annual status report for PDU-2007-24 and Class IV Zoning Permit Z-IV-2007-28, TMK 2-6-004:019. Planning Commission Minutes October 11,2011 4 Ms. Matsumoto: Second. Chair: Any discussion, roll call please. On motion made by Caven Raco and seconded by Camilla Matsumoto, to accept into record the annual status report, motion carried unanimously by the following roll call vote: Ayes: Raco, Matsumoto, Kimura, Texeira -4 Noes: None -0 Absent: Nishida, Blake -2 Not Voting: Katayama -1 SUBDIVSION Mr. Kimura: Committee members present myself and Commissioner Matsumoto. General Business none, Communication none, Unfinished Business none,New Business, final subdivision action, S-2002-21, O`ma`o Ranch Lands, LLC., TMK 2-7-003:005, approved 2-0. Final subdivision action, S-2011-17, Buff U. Toulon/A_J. Toulon Trust, TMK 2-3-015:117, 118, approved 2-0. Chair: Thank you for the report. I would like to have a motion to approve the subdivision report. Ms. Matsumoto: So moved. Mr. Raco: Second. Chair: Any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Caven Raco, to approve Subdivision Committee Report, motion carried unanimously by voice vote. UNFINISHED BUSINESS Pursuant to Section 91-3 Hawaii Revised Statutes to consider the Recodification and amendment of administrative rules pertaining to Coastal Zone Management and the Special Management Area(SMA): A. Recodification of pervious amendments to the SMA rules; B. Amendments to accommodate changes pursuant to Act 153 SLH 2011; and C. Fee structure changes to reflect the actual cost of publication. County of Kaua`i. Planning Commission [Public hearing closed 8/30/11.1 Supplemental Director's Report pertaining to this matter. Mr. Dahilig: Thank you Chair, good morning Commissioners. Included is a supplemental report to the items that were provided to you as part of the August 30, 2011 agenda. Again what we are proposing is an amendment of the Special Management Area rules that are authorized pursuant to Hawaii Revised Statutes 205A which is the Coastal Zone Management Protection Act. These rule changes are ineant to as the Chair mentioned in the agenda to recodify because there has been a lot of amendments since then and to accommodate the changes that were proposed and approved by Governor Abercrombie this past summer and then also just adjusting our fee structure to reflect the increased cost of publication. In my supplemental report to the Commission I am incorporating two more changes based on public testimony that was received at the Iast meeting. The first one is to also accommodate besides the issue of boating the construction of shoreline armoring devices so that if a minor permit is proposed for these types of activities it would need a Commission approval because of the sensitive nature of the topic. And so we are using the phrase shoreline armoring Planning Commission Minutes October 11,2011 5 device which is a definition consistent with definitions set forth in ordinance 887 which is the Shoreline Setback Act. The other thing that we are making a change on is just clarifying the process that somebody that is being fined by the department would have to go through to appeal fine. So as part of the original changes proposed on August 30th we are bringing the fine amount up to 100 thousand dollars for the cost of returning the area to the condition before the violation or 10 thousand dollars a day. Currently the fines that we are authorized to issue are only 10 thousand and 500 dollars a day so this does note a significant change and strong encouragement for people to the SMA law. But we are prescribing the Chapter 6 procedure as well as section 1-9;,2 through 5; of the Planning Commission Rules as the actual procedure for the Commission to handle any type of appeals should somebody disagree with my determination that a fine is necessary. So those are the two changes that we propose as part of the additional changes that were proposed on August 30th and we would request the Commission's approval of the new rules. Chair: Thank you, any of our Commissioners has any comments or questions of our Planning Director? Mr. Raco: Mike, can you go into a little bit more detail as far as the changes and the proposal and development that increased from 125? Mr. Dahilig: Yes that is correct Commissioner. The State law that was passed this past or cited into law this past summer does raise the minor/major threshold from 125 thousand dollars to 500 thousand dollars. And what this does is it prescribes the Counties the difference between a minor and a major permit. The other major change that is of note in definitions pertaining to not development is the actual prescription of the size of a single family house that is not development which is 7,500 square feet and the addition of a final subdivision approval as being not development under the law. So those are the two major changes. Mr. Raco: So this 500 thousand threshold, it seems to be that there is going to be more minor SMA permits Mr. Dahilig: That is correct. Chair: Anyone else, Wayne? Mr. Katayama: in section 13-a, the intent is to put a cap of 100 thousand dollars of the civil portion. Mr. Dahilia; That is correct. These are changes that are verbatim from what is authorized under Chapter 205A so we are essentially aligning the rules with the State law. Chair: Anyone else? Mr. Jun 17: Commissioner Katayama, one clarification, the fine amount may not exceed 100 thousand dollars but there is a secondary condition in there that allows an imposition of a fine to bring the alleged violation into compliance which could exceed 100 thousand dollars. So the fine can't exceed 100 thousand dollars but the work to bring the property back to its restorative original landscape could exceed 100 thousand dollars. And that is that second provision where it reads or' . Chair: Was that clarified for you? Mr. Katayama: Yes. Mr. Raco: And that hearing will be held for the Planning Commission to decide, is that what I read here? Planning Commission Minutes October 11,201.1 6 Mr. Dahilig: Yes. Under authorizing statute from the State we have to provide the opportunity for an administrative hearing under Chapter 91 and so what we are prescribing is the Planning Commission's Chapter 91 procedure which is Chapter 6, sections 1-9-2 through 5. Chair: Anyone else? Seeing none, anyone from the public wishing to testify or speak on this item please come forward. Seeing none, how do you want this treated, is this two items? Mr. Dahilig: Yes. I would request that the Commission approve the rules with the proposed amendments by the Director. Chair: So both rules together? Mr. Dahilig: Yes, as outlined in the August 30th and October 5th reports. Ms. Matsumoto: So moved. Chair: We have a motion to approve as mentioned by the Planning Director, do we have a second? Mr. Kimura: Second, Chair: Is there any discussion? Roll call please. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve the Director's Report, motion carried unanimously by the following roll call vote: Ayes: Raco, Katayama, Matsumoto, Kimura, Texeira -5 Noes: None -0 Absent: Nishida, Blake -2 Note Voting: None -0 NEW PUBLIC HEARING Special Permit SP-2012-15, Use Permit U-2012-5 and Class IV Zoning Permit Z-IV- 2012-5 to construct and operate a wellness center, educational facility, and office in Kapa`a located on Kahuna Road, approx. 1,200 ft. from the Kahuna Road and Piliamoo Road intersection, further identified as Tax Mqp Key 4-6-004:008, and affecting a portion of 6.122 acres =Francesco Garri Garri on li& Daisy Lee. [Director's Report received 9/27/11.1 Staff Planner Kaaina Hull read Director's report into the record (on file). Staff. As a matter of clarification in the report the department referred to a construction and operation being proposed however technically that is not quite accurate it is actually just the operation that is being proposed. Public Works has contacted us to inform us that a renewed of different certificate of occupancy is required for the proposed use however no additional construction is being proposed in the application. Mr. Dahilig: For your information Commissioners, it is more of a difference between a CO and what the CO was meant for so there has to be a change in the CO. So there is no new actual physical constriction change but there has to be approval by the Department of Public Works because the CO was no meant for what it was designed for. It is like fisting a bedroom on the plan and now you are changing that to office so that is what DPW is saying. Mr. Raco: Inaudible. Mr. Dahilig: That is correct. Chair: Any of the Commissioners have any questions of the planner? Mr. Dahilig. Just to add, Commissioners, as we proceed on this item we would request that the Comm' ission entertain closing the public hearing after today's testimony but we will be Planning Commission Minutes October 11,2011 7 asking for a deferral until Tuesday,August 25 ', to receive further to comments...sorry, October, receive further from the agencies. So we will be asking for a two week deferral on the action on the item. And just for information for the Commissioners we did not receive any requests for intervention by the stated deadline on the item. Mr. Raco: What agencies are we still waiting for? Staff: Public Works has contacted us however it hasn't submitted their official comments. All comments are in with the exception of Public Works. Mr. Raco: So is that the only two you are waiting for? Mr. Dahilig: That is correct. Chair: Anyone else? If not I would like to open this up to the public,this is a public hearing. I would like to have a show of hands to see how many people want to testify on this item. Could you bear with us, since there are so many people who want to testify on this matter would you please...I will be taking a five minute recess so you can sign up. There is a signup sheet to your left so we can do this in an orderly fashion. Commission recessed at 9:50 a.m. Meeting called back to order at 9:58 a.m. Chair: We are calling the meeting back to order, could I have everybody's attention please. Before we call for public testimony I would like to call on the applicant's representative to provide some comments. Mr. Jonathan Chun: Good morning Mr. Chair and members of the Commission, Jonathan Chun on behalf of the applicant. Before I go I would like to make my comments briefly on the HCPO. I want to congratulate the staff for planning a very good HCPO. I want to specifically thank Dale Cua for his great job at the golf tournament and doing a wonderful fun run in the morning that almost killed me, thank you Dale. The staff did an excellent job of organizing that, I can't think of any glitches that went through there, everything went really smoothly so my congratulations also to staff. Chair: Thank you. Mr. Chun: Moving on to this agenda item, I also have on behalf of the applicant I have a petition that was signed by some of his neighbors and I want to pass that out to the Commission members. I have provided originals to the staff. I also want to point out that I thank you to the staff for clarifying that this project does not involve the construction of any new buildings, they plan on using the existing gazebo structure for holding of the classes along with a small, they gall it a pool but actually according to the Building Department it is a water feature because it is only 3 feet deep so it doesn't qualify as a pool but as a water therapy. Parking will be handled all within the property, no parking will be allowed outside of the property. Their existing agricultural use will not be impacted and the distances between the gazebo and existing other neighbors are such that any kind of noise will not be of any impact to the immediate neighbors. I want to point out that of the people that have signed this petition and I think some of them might be here, the people that signed the petition, out of the four lots that made up the initial subdivision of this property two of them have signed and the third of course is our property so three out of four of the lots that made up this initial subdivision when the large lot was subdivided are in support of this application. While technically this is a commercial because there is going to be some kind of charge for the use of the facility by nonprofits and some kind of charge to people who go the classes I want to point out this is not a money making facility, this is not designed to make any money or to be anybody's full time job. It is going to be run by nonprofits so the intent really behind this is to provide a place where people can go for these kinds of classes for wellness and other kinds Planning Commission Minutes October 11,2011 8 of health related issues in a setting where it is peaceful. It is not intended to be a huge undertaking where you have thousands or even hundreds of people. I believe the gazebo its self can hold a maximum of 35 so we do not intend to have any more people on the property than is allowed,than the property can hold. So I just wanted to point out that those are some of the issues if you are looking at it we need to clarify to make it clear that it is not going to have a negative impact on any of the neighbors, it is not going to have a negative impact on any of the agricultural activities that currently are occurring on the property. With that in mind we don't have any other questions or comments to make regarding the application. The application has all the information that you would need to look to make a decision on this matter but we would be happy to answer any questions that the Commission might have in the event that there is something in there that is not quite a char that I would have hoped. Chair: What about the staff report, do you have any comments? Mr. Chun: The staff report, I have read it a number of times and I think they have identified the issues very clearly what needs to be looked at. Like I said the comment that I made in regards to agricultural use, we don't believe that agricultural use on the property will be overshadowed in any way by the small uses of the classes. Like I said at the most the gazebo will have 35 people so we don't intend that number or that scope of class overshadow any of our agricultural activities. I fact I believe the applicant is continuing to look at expanding the agricultural activities on the property rather than reducing them. Chair: Any comments? Mr. Kimura: Where it says the applicant also proposed to rent the gazebo out for other workshop/meeting type uses,meaning... Mr. Chun: For example YMCA might want to do a workshop of violence and there might some other nonprofit organizations here that want to use the shop for their small classes like 35 people for their kind of classes. They are open to doing that. I think as indicated in my application we are looking A doing no more than twice a year so it is not on a regular basis. But because it is a nonprofit and the way the nonprofit operates they want to cooperate and they have been cooperating with the community or other community organizations. So if there is a need by other community organizations to hold a class, for example they couldn't do it at the ihiddle school or at Kapa`a High School, for some reason there are clashes and they can't do a class there they are open to having other nonprofit community organizations use their building for their classes. But like I say we don't anticipate doing it on a fulltime basis, I think the application said maybe two times a year at the most. And again because of limitations it is only 35 people. Mr. Kimura: Two times a year? Mr. Chun: I believe that is what I might have said inside because... Mr. Kimura: Over here it says uses beyond once a week. Mr. Chun: Once a week. Mr. Kimixra: That is what it says here. it says occasional use beyond once a week. Mr. Chun: It is once a week but I will check with the applicant as to how many times a year he was looking at having other nonprofits utilize it. It wasn't going to be a major part of their activity. Francesco Garripoli is here. Mr. Francesco Garripoli: Mahalo,thank you very much for your time today, it really means a lot. You can see the support we have from everyone here. (Inaudible) is the President of the Kauai Health and Wellness Association. We didn't have any funds to have a gathering for our annual event. We couldn't afford to go to the,Marriott like we did last year. We didn't Planning Commission Minutes October 11,2011 9 get funds from the county so we held it at Kahuna Valley, So that is the kind of thing that...I think we had 12 people,that is the kind of thing that comes up. A home school said we want to do something out in nature but we can't sit out in the rain, we don't want to go in a tent could we have a place where we can bring our kids, 15 kids show up and spent four hours of the day, walked around the land and we showed them some plants. That is the kind of thing. We want to be pono with this whole thing so we can offer this thing when that stuff comes up. A group wants to have a class and come have a teacher tf aining type of thing. So it is an opportunity to be able to use it and our weekly classes which many people are here for, we do exercises, Tai Chi and Chigun. So just so you understand that is the extent of how we use this. And to be in a beautiful place and to be in the shadow of Makaleha...Puna Dawson brought a group of about 12 people over and she talked a little bit about the history of the land and as a Kumu Hula she wanted to be in a place that was in nature. So I hope I am clear about explaining what the intention and the heart of this whole project is about. Mr. Chun: Thank you, I am sorry I must have gotten confused between reading my own but in the application on page 4 it does say that nonprofit organizations will hold their workshops and it is maybe once a week, maybe twice a week. It goes on further and that is where I was coming from when I got confused that occasion and organization might request permission to hold a workshop to be conducted over a two or three day period. The applicants do not anticipate there will be more than two or three workshops a year so that is the kind of workshop I had in mind. I stand correct, for nonprofits once or twice a week and they generally last no more than one day as indicated by Mr. Garrripoli. The other applicants or other workshops maybe they will last longer than a day, we anticipate no more than once or twice of those, two times a year for those types of workshops. Chair: Any other Commissioners have any comments of the applicant's representative? Mr. Raco: Jon, you know on the hours of business you say here it is from 8 to 4:30, is that 7 days a week or 5 days a week? Mr. Chun: I really can't tell right now exactly what day I think it depends on when the nonprofit or community groups want to have it but if Francesco wants to come up and can elaborate if there any particular days they going to limit the number of days that the classes can be held. Mr. Raco: My only concern is that being th4t it is in a residential area, a commercial use in a residential area, I always tend to have quiet enjoyment of your neighbors even though your activity is probably not as loud and the sound and everything. But if you could limit to having either the weekends for their enjoyment and keep that privacy of theirs so that the activity just happens Monday through Friday. Mr. Gazripoli: Totally. It is really the intention of this place. We love the land and the reason why we are there is because we want to be pono with the whole idea of what it is to be in nature. Mr. Raco_ So you wouldn't mind a condition that would limit your operation Monday through Friday with those times. Mr. Garripoli: Exactly. That is very much a part of that and to know that so much of what Kahuna Valley does is out in the community. We are working with Mr. Arakaki with a whole island wide Kauai complex area school project that doesn't even take place at the facility. So you have to know that most of what the nonprofit does is in the schools out in the community. Here we wanted to just say that yes that as a nonprofit it would be available to the public with limited hours with the specific focus around those Saturday classes that we have every Saturday morning. And once in a while a special purpose class. Mr. Chun: I would suggest, I think that is a reasonable comment by the Commission on that especially if they are a member of a nonprofit. Being a member of a nonprofit myself a lot of your meetings or workshops are going to happen on the weekends because everybody else Planning Commission Minutes October 11,2011 10 works in the week. So if you are going to have, I would think if they are going to have weekend classes you limit the hours maybe to no more than $ to 12 or 10 to 2, something like that. Because Saturday, especially for nonprofits...like I said I think most of us have been serving on nonprofits, a lot of your workshops if you are going to do that are going to be on the weekends. And if you say no weekend classes then basically you are telling nonprofits you can't have any classes on that site. Mr. Raco: Yes well I am just looking out for...if the applicant is saying that we want to be pono is there a balance just to keep the operation of business...no matter what if it is a nonprofit or not there is exchange of money that could limit to Monday through Friday. Mr. Chun: We agree to that issue. I think maybe perhaps and this if for thought because I think the staff can take a look at this later on is maybe saying no more than 5 days a week, period. And if there is going to be anything on a weekend that the weekend hours are limited by certain times. That way there is a Iittle bit more flexibility in terms of what days and at the same time addressing the need that you can't do it 7 days a week. That could be possible because it is a legitimate issue. Mr. Kimura: I have a comment Commissioner Caven... Mr. Raco: Are there any runoff issues or drainage issues being that you are close to the road? Are there any issues when there is parking or is there a site plan that you show you parking and how it is going to be laid out? Mr. Garripoli: We worked hard to make sure that we had proper drainage. I learned more about backhoes than I ever wanted to including how to run one myself. But yes we work really hard to make sure that we have taken care of a lot of those issues of drainage runoff and so forth. We are on it all the time. Mr. Chun: If you look at exhibit E, on the last page of exhibit E, you are going to see a site plan for the property. There are drainage issues on that because on the property there was established a building and setback and drainage way line where you could not build. That line was put in by Public Works to recognize that there is a steep drop off in that area going into a gulley. Mr. Raco:. Where is that again? Mr. Chun: On exhibit E on the last page, the site plan. And you will see on the site plan there is a building setback line and drainage way litre. That was established by Public Works on the original subdivision so that area in my understanding marks where that drop off occurs. Obviously the parking is not going to be in that area. The gazebo is right next to that, I would anticipate the parking will be either close to the gazebo it's self, to the left of the setback line and drainage way line in this area. Mr. Raco: Would it be possible for our next meeting when we hear this application to provide a site plan that shows where the parking is going to occur and an overflow parking possibility. Mr. Chun: Yes we can provide that. Mr. Raco: And what kind of surface whether it is gravel or something permeable or is it grass. Mr. Chun: It would probably be grass or something permeable because you don't want to have any impermeable surface around that drainage area but yes, we can do that. Staff Just to clarify that may be an issue of concern and something worth talking with Public Works because commercial generally requires paid parking but it is something we are working with Public Works on right now. Planning Commission Minutes October 11,2011 11 Mr. Chun: Yes because paid parking for such an area would not be consistent with the neighborhood and we would agree with that. But yes, we will work with staff and public works on that issue. Mr. Raco: And if you could ask Public Works if is any special circumstances that we can...they are trying to keep it low key,that is what I am feeling, gravel or something. Staff. We can work with them on that. The impervious crete issue has come up but there is also grasscrete and whatnot but we are in talks with them. Mr. Kimura: I have some concerns picking 5 out of 7 days, any 5 of the 7 days. It is going to be hard to regulate as far as picking 5 out of the 7 days and not a set 5 days. I just feel that we should have some kind of order where it is set in stone that you have 5 days, what 5 days and that is it instead of picking any 5 days out of the week. It is hard to regulate that. Mr. Garripoli: If it would be okay with the Commission we would like to propose Tuesday through Saturday then and that would be consistent with what interests seem to be with people who want to be on a Saturday and then not have it on a Monday. So that would be Tuesday, Wednesday, Thursday, Friday, Saturday, it would.be those 5 days if that was okay for you guys we can put that in and call that what we agree on and stick with that. Mr. Kimura: Well as far as Commissioner Raco what I am thinking what he is saying is Sundays is a basic day that no activities at all then I am cool with that. Tuesday through Saturday, I am okay with that, a set 5 days, something that the department can regulate if need be. Chair: Cammie do you have any comments? Ms. Matsumoto: Just a question, you said that you are proposing to increase your agricultural activity? Mr. Garripoli: I have a personal problem, every time I see a tree I like I buy it so it is something I have to deal with, I understand that. So as we have tim61 and money there is a whole other beautiful field behind this gazebo that I used to take my tractor up but I have just run out of time but that is the area I want to put some more trees in. And we have a whole ravine that is an acre of a ravine that is going to be beautiful for...you can't put anything there so why not put some fruit trees on the edge that needs drainage. So we are experimenting with that and so many of the plants are indigenous or endemic plants and that is great. When kids come up there and When people see it we can show them the;world and that is why so many of the Kapuna come up and visit and say I haven't seen that one in a long time. So that is the intention of expanding that type of work. Chair: Wayne, do you have any comments please? Mr. Kataya a: In the use in section 4 you mention the applicant is nonprofit. Has that been formed? Mr. Garripoli: Yes. Mr. Katayama: What is the relationship of that nonprofit with the proposed use in the Special Permit? Mr. Garripoli: Kahuna Valley is 501 C3 nonprofit, it has been in operation since 2003 and it will rent that property, it will rent that gazebo basically so it can be a formal use in that facility. Mr. Katayama: So they would be the operator of the structures. Mr. Garripoli: Right, they would be responsible for the formal._and that is part of why we are doing this all here so we can be clear with that. Planning Commission Minutes October 11,2011 12 Mr. Katayama: And then as it receives the internal revenue tax clearance.:. Mr. Garripoli: Yes, back in 2003. Mr. Katayama: Could you add that application as part of an exhibit to this? Mr. Garripoli: I can give you a copy of that letter; it is called the letter of determination. Mr. Kata ama: I am more looking at the coversheet of the application where the purpose of the 501C... Mr. Garripoli: The mission statement? Mr. Katayama; Exactly, Mr. Garripoli: We will make that available for sure. Mr. Katayama: And again in secti6n 3 where it states agricultural purpose is there any active commercial agriculture for lot or is it basically a landscaping educational... Mr. Garripoli: Landscaping and educational and trading for avo's when they are not in season. Mr. Kata, ama: Thank you. Chair: Anybody else wishing to...? If not I would like to make a few comments. I grew up in that area, Kahuna Road, so it is a very special almost a spiritual area, definitely, and so my concern is t e overuse. Kahuna Road is a narrow road. I would hate to see too much traffic going up and down Kahuna Road and so I don't know how you can regulate the use. I am certainly supporting this venture but reservations in the sense that I would like to see it used in a limited fashion. I know it is your intent to bless the area and not to overuse the area but just to let you know that personally it is a concern if the place is going to be overused. Mr. Garripoli: I can promise you in my heart this is also my home and I came to Hawaii when I was 18 years old and I got thrown right in a halau when I was 18 and I got to be around a lot of wonderful Kapuna who really impressed upon me, took me out to the mountains and taught me a lot of stuff. So I understand what it mean to be connected to the Aina and what I have learned from the land is just what you are talking about. What we are doing here today really is formalizing something that we want to contfnue what our heart and attention;has been for a long time and it is totally in our intention to use this land for a pt rpose that we feel is so important for people to connect up with it but at a level that is really low volume. I promise you that is really our intention. And that is why I am happy with all these stipulations, it is really okay because it is so mush in line with what we already feel. Chair: Another concern that I have is if you are going to be planting trees alongside the stream, the Kapa`a Stream. Is it the Kapa`a Stream? Mr. Chun: It is not by Kapa`a Stream. Mr. Garripoli: We front Kahuna Road and so we are back mauka of that. Chair: So the property doesn't front any stream? I mean the back of the property? Mr. Garripoli: No. Chair: Okay, I don't have any other questions. Mr. Raco: I have one more question. I know that you live there, would you be opposed to having this as a permit that would have an expiration so it does not (inaudible)? Planning Commission Minutes October 11,2011 13 Mr. Garripoli: That would be a good 'idea. Mr. Raco: In the event that if you sell the property at least the application or the permit has an expiration. Mr. Garripoli: That would be awesome, that would be a great idea. Mr. Raco; That is great. Mr. Garripoli: This is why we are talking, this is why everyone has shown up here because they care about this so much because we all care together so I like that idea. Mr. Chian: If I may and this has to be a lawyer talking on this one, I don't have a problem with having an expiration date or something, a trigger, but what it would be though and I know what the concern is, I don't disagree with the concept. But if there is an expiration date and he wants to continue then he is going to have to file another application, have another public hearing, spend all this time and money to get it again. I don't know if we would want to..,if the Commission wants to do that or the applicant should be doing that. But I think there should be some kind of trigger and I agree with you that to look at it and see whether it is in fact low key as represented and they are in compliance because I know that is a concern from both sides, the applicant and the Commission. I don't know whether having a drop dead date of 5 years or 2 years or 3 years is going to accomplish that but I think maybe a review period requiring them to come back and review and have the department review and do a status on that within a year or 2 years would be okay. We need to work with staff on that'or if there is a 5 year period saying it can be renewed for an additional period of time. But I just want to avoid a situation where everything is going fine, nobody has a problem with it, it is low key as represented and 5 years comes and boom, you have no application, you to stop and the delay that that entails with that operation and the applicant and the costs. So that is just something to consider, this matter is going to be continued for another two weeks. I think we can discuss with staff how to address that issue. Mr. Dahilia: Certainly to ensure that the conditions are pono to everybody that we can go ahead and work with the agent. Chair: Being no fiirther questions, thank you. I would like to call on the public at this time. Mr. Dahilig: We have Tracey Shavone followed by Adove Roden followed by Troy Carney. Ms. Tracey Shavone: Good morning. I am here to support the work that Francesco does. Chair: Could you tell us your name? Ms. Shavone: Tracey Shavone. I have been to the property and he is a wonderful steward of that property. I lived on Kahuna Road in the $0's, it is the first place I lived when I moved here and has a very special place in my heart as well. I know in my heart Francesco cares about the land deeply and takes very good care of it and it is beautiful there. You can definitely feel healing energy in that area and all of Kauai but especially because of his love and Daisy's love for the property and what they do and they walk their talk, they are true healers. And they work with the students here on island through their nonprofit, have (inaudible) programs. If you check out the Kahuna Valley you can see all the beautiful work they do on the island. And so I am really just here to support the work they do and it is my hope that you will issue the Special Permit so that more people can benefit from what this land offers and the people that participate in this land,thank you. Mr. Dahili2: Adove Roden followed by Troy Carnet followed by Tracey Ireland. Planning Commission Minutes October 11,2011 14 Ms. Adove Roden: Hi, my name is Adove Roden. I used to be a neighbor of Francesco and Daisy. We lived there for the past three years just on the property east of the same access road. I would say it was more of a benefit to have Francesco and Daisy as a neighbor than not. Although there are four properties that are all accessed from the same driveway Francesco and Daisy are the only ones that maintain the driveway so that all of us can actually get to our properties. None of the other landlords or the other occupants actually do any maintenance. So Francesco and Daisy are a big part of us actually being able to get to our home while we lived there. They also invite the people of the immediate community to all of their events and we get to partake in something that is called community and it is a neighborhood community. We also get to meet people from all over the world through that community and get to bring something special to a very small area. And it gives us a once a week opportunity to connect. So I would actually just like to say that it is a better to be a neighbor of theirs than not. Mr. Dahilig: Troy Carney followed by Tracey Ireland followed by Amy Harris. Mr. Troy Carney: Hello,my name is Troy Carney and I am Adove's partner. She has pretty much said everything that I was going to say. Francesco has been a great neighbor. We have had trees fall down, large trees fall doom and block the driveway and he is up in the middle of the night chainsawing and clearing the way so the rest of the community can get up there that live there on that road. He has always maintained the road with gravel, he has the equipment, he has always had a smile on his face, good hearted person. And also I would like to point out that at the beginning of the driveway on the public road we get a Iot of stragglers up there because it is such an out of the way place. We get a lot of people doing drugs and loud music up,there and no one complains but you can be a little bit scared sometimes when you go down and check your mail. But as far as going into our driveway it is a very peaceful and sound, safe place to be. But there has been an issue, if there is any safety things it is not on the property its out on the road. But we have all been able to live with that and send a good vibe to the people down there and just hope they get over their problems. So I am just hereto support Francesco and I hope you guys approve and work with them and help us have a good place to keep up our (inaudible)-because it is good for the heart and good for the soul and thanks for listening. Mr. Dahilig: Tracey Ireland followed by Amy Harris followed by Carol Spate. Ms. Tracey Ireland: Hello, I am Tracey Ireland. I live just mauka of the property of Francesco and Daisy and I am in full support of their application. I have been on Kahuna Road for five and a half years and their facility and their energy is so healing and gives back so much to the community, thank you. Mr. Dahilig: Amy Harris followed by Carol Spate followed by Jane Tayloff: Ms. Amy Harris: Good morning, Amy Harris. I am also a mauka neighbor of Francesco and Daisy and am in complete support of the Special Permit. As everybody said, I couldn't have said what everybody said better. I completely agree with what everybody has said that they are definitely a huge asset to the beautiful, spiritual community of Kahuna Road. And when we have huge flash floods and everything they are the first ones that are there to help out. So I am in support,thank you. Mr. Dahilig: Carol Spate followed by Jane Tayloff: Ms. Carol Spate: Aloha, Kakahiaka. I am so grateful that you are hearing this about your valley. And it is such a blessing to have people like this come and honor that Aina. I look forward to hearing what you have to say in the future about issuing the proper permits because I know we all have a unison of heart and desiring for this place to be celebrated in a silence that Daisy and Garripoli offer their teaching people how to do that, aloha. Mr. Dahilig: Jane Tayloff. Ms. Jane Tayloff: Good morning, I am Jane Tayloff and I support Francesco Garripoli and Kahuna Valley. I have been a student there for eight years. They are very community Planning Commission Minutes October 11,2011 15 minded people and all these wonderful things these people have said,totally, it is coming from their hearts. And what I would like to do, l am representing the rest of the group who is not going to take up your time and they are going to stand up for you in support of Francesco. These are the people that support him and I am sure there are many others who are at work today and having to take care of their children would also like to be here. This is our support for this project, thank you. Chair: Is everybody standing living on Kahuna Road? Ms. Taylof£ No, some of these are these students, some of these have attended certain projects, community projects,projects for children, been maybe involved in the mentoring program but they are in support of Francesco and to get the permit. If you want you can talk to them. Chair: No, I think most of the testimony is similar. Ms. Ta, ly off: It would be very,very similar, very positive so thank you very much. Chair: Thank you very much. Mr. Dahilig: Mr, Chair that is all that is signed up for testimony. Chair: I would like to have a motion, well first of all I would like to thank all of you for coming today from your busy schedule to testify and as a community that is important and appreciated. I would like to have a motion to close the public hearing. Mr. Raco: So moved. Ms. Matsumoto: Second. Chair: Any discussion, all those in favor say aye, those opposed,motion carried. On motion made by Caven Raco and s'econded by Camilla Matsumoto, tq close the public hearing, motion carried unanimously by voice vote. Mr. Dahilig: Mr. Chair, we would request a deferral of the item until Tuesday, October 25, 2011. Chair: Do we need a conclusion and recommendation at this point? Mr. Dahili.Q: Our recommendation was to wait until the public hearing to formulate conditions and a final recommendation for the Commission's entertainment. Chair: Thank you very much. Is there a motion? Ms. Matsumoto: Move to defer. Chair: Any second? Mr. Raco: Seconded. Chair: All those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Caven Raco, to defer to 10/25/11, motion carried unanimously by voice vote. Commission recessed at 10:34 a.m. Meeting called back to order at 10:53 a.m. Planning Commission Minutes October 11,2011 16 NEW BUSINESS For Acceptance into Record—Director's Report(s) for Project(s) Scheduled for Public Hearing on 10/25/11. (NONE) For Acceptance and Finalization—Director's Report for Shoreline Setback Activity Determination. Shoreline Setback Commission Review SSCR-2010-01 for a shoreline setback determination Tax Mqp Key: 4 5-5-002:017 Hanalei Kauai for acce ptance by the Commission=Bill& Denise Hay. - Chair: Is there anyone from the public wishing to speak on this matter? Seeing none I would like to receive for the record item (a). Ms. Matsumoto: Move to receive. 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 receive for the record, motion carried unanimously by voice vote. Shoreline Setback Commission Review SSCR-2012-02 for shoreline setback determination, Tax Map Key (4) 2-1-003:028, Port Aden, Kauai, for acceptance by the Commission= Ca ain And 's Sailin . Chair: Again I would like to ask for public comment, seeing none, I would like to take a step back, before we receive for the record we need to accept for the record. Ms. Matsumoto: Move to accept. Chair: This is for item(a) and for item (b). 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 receive for the record items (a) and (b), motion carried unanimously by voice vote. Executive Session: Pursuant to Hawaii Revised Statutes Section 92-4 and 92-5(a)(4) and Kauai County Charter Section 3.07(E), the purpose of this executive session is to discuss matters pertaining to the evaluation of the Interim Planning Director. This session ertains to the Interim Director's evaluation where consideration of matters affecting privacy will be involved. Further, to consult with legal counsel regarding powers, duties, privileges immunities and/or liabilities of the Planning Commission as it relates,to the evaluation of the Interim Director. On motion made by Camilla Matsumoto and seconded by Caven Raco to go into executive session, motion carried unanimously by voice vote. Commission went into executive session at 1:00 p.m. Meeting called back to order at 3:00 p.m. Planning Commission Minutes October 11,2011 17 ADJOURNMENT Commission adjourned the meeting at 3:00 p.m. Respectfully Submitted. Lani Agoot Commission Support lerk Planning Commission Minutes October 11,2011 18