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HomeMy WebLinkAboutPlanning Commission 9-11-12 Minutes KAUAI PLANNING COMMISSION REGULAR MEETING September 11, 2012 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair Jan Kimura, at 4:3 8 p.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. Hartwell Blake Mr. Wayne Katayama Mr. Jan Kimura Ms. Camilla Matsumoto Mr. Herman Texeira Absent and excused: Mr. Caven Raco Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Kimura called the meeting to order at 4:38 p.m. ROLL CALL Planning Director Michael Dahilig noted that five commissioners were present and there was quorum. APPROVAL OF AGENDA On the motion made by Herman Texeira and seconded by Camilla Matsumoto to approve the agenda, the motion carried by unanimous voice vote. MINUTES of the meeting(s) of the Planning Commission Regular Meeting of August 14, 2012 On the motion made by Herman Texeira and seconded by Hartwell Blake to accept the minutes of the August 14, 2012 meeting, the motion carried by unanimous voice vote. I OCT 2 3 2012 VA2012 Master Files\Commissions\Planing\Minutes\2012-9-11 Planning Commission Minutes RECEIPT OF ITEMS FOR THE RECORD On the motion by Camilla Matsumoto and seconded by Wayne Katayama to receive all items for the record, the motion carried by unanimous voice vote. HEARINGS AND PUBLIC COMMENT[` Class IV Zoning Permit Z-IV-2013-3 and Use Permit U-2013-3 to permit the construction and use of a farm worker housing facility at a site located approx. 0.5 miles west of the southern intersection of Koolau Road and Kuhio Highway in Moloaa, Kauai, further identified as Tax Map Key 4-9-009-009 (Condominium Property Regime Unite 0002),and affecting a portion of a 592 acre parcel=Ned and Marta Whitlock dba Moloaa Organicaa. Ms. Jean Camp of Camp Consulting LLC on behalf of her client Richard Shepper who owns four units in the Moloaa Hui lands stated that they applaud the County's efforts to implement farm worker housing and they support the application for the farm worker housing for the Whitlocks,but they have questions on the wording of Ordinance 918, Bill 2420 Draft 1. Page 2, C1 states that the owner of a CPR or limited common element may not apply for farm worker housing unless as of August 16,the CPR has been registered with and received an effective date for a public report from the Real Estate Commission of the State of Hawaii and the declaration has not been amended subsequent as of August 16, 2010. She thinks the second part of that sentence is not correct;the declaration has not been amended subsequent to August 16, 2010. They normally have to amend the declaration as new structures are permitted and constructed and there is a new CPR map that usually gets registered with the Real Estate Commission. She questioned if that amended declaration only follows the class IV zoning. If the wording stands, does it mean that if one limited common element in a CPR gets approval for farm worker housing and amends the declaration, no other CPR owner can apply for farm worker housing because they can't amend the declaration again and if that was the intent of the Ordinance. She wants the Commission to look at it before the public hearing because it could exclude people like her client who has other units from ever applying for farm worker housing. Next her client has been unable to construct his farm dwelling which he believes he is legally entitled to since the amended condo map 2542 dated 2/10/2000 and the one that is in the Planning Department files is not up to date. The farm dwelling rights have changed and some of the CPR lines and it has not been brought back to the Planning Department. She is working with the Department and the Home Owners' Association to amend the map and bring it back to the Commission. The reason it is important is that it doesn't seem fair or right that other unit owners in the Moloaa Hui lands are able to get farm worker housing where the condo map is incorrect and doesn't show the location of the density. The people who do have farm dwelling rights are not able to get their units constructed. She respectfully suggests that they put something in Ned and Marta Whitlock's application requiring that there is an amended condo map brought forward and approved prior to allowing farm worker housing because it is unknown who has farm dwelling rights and who has farm worker housing rights that pertain directly to page 2 of the Director's report on this item,the last Section that says there are however 62 CPR units on this lot, many which do not have farm dwelling density rights including the,,ubject CPR and how do you really know. 2 V:\2012 Master Files\Commissions\Planning\Minutes12012-9-11 Planning Commission Minutes Deputy County Attorney Jung stated that they will take a look at it. Continued Agency Hearing (NONE) New Agency Hearing: (NONE) Continued Public Hearing (NONE) New Public Hearing (NONE) All public testimony pursuant to HRS 92 There was no testimony. CONSENT CALENDAR Status Reports Annual Status Report and Request from keith Robinson (7/23/12) for an additional time extension for Special Permit SP-2006-2, Use Permit U-2006-28 and Class IV Zoning Permit Z- IV-2006-31 to continue operating a helicopter landing facility and botanical tours on Nonopahu Ridge,Makaweli, Kauai, Tax Map Key 1-7-007:011=Keith Robinson Helicopters. Director's Report pertaining to this matter. Mr. Dahilig stated that agenda item G.I.a. is a status report and request concerning an extension regarding Keith Robinson Helicopters. In looking at the application report again he would suggest that the Commission leave the annual status report for the consent calendar items but with request to the time extension, it can actually be handled and deferred to the full Commission for action and that it be handled later. Staff Planner Kaaina Hull advised that the Commission entertain looking at and reviewing this request on a different date than the Kealiakealanam subdivision. He stated that they could go until October given that it would be a deferral on the Commission's part. Chair Kimura stated that since the next meeting for Kealiakealanani would be on October 9, he requested setting it up for the September 25 or October 23 meeting. He questioned the applicant if those dates would be okay. 3 VA2012 Master Files\Commissions\Planning\Minutes\2012-9-11 Planning Commission Minutes Mr. Robinson stated that assuming there are no forest fires, earthquakes or tidal waves. He questioned if there was a problem with the application. Chair Kimura stated that his concern was that he thought it was just a status report and not a permit extension. He would like to look it over better. Mr. Robinson stated that he rolled them over into one. He made a brief status report and since there were no complaints or difficulties to report, he rolled the status report into the same letter as the permit renewal request. He questioned if there would likely be any questions that he could answer now. Chair Kimura stated that he would like to review it better. Normally the Department takes care of the consent calendar when it is just a status report,but because it was a permit extension he would like more time. Mr. Hull stated that since this isn't a public hearing he questioned if they could leave the deferral open and he could work with the Director in rescheduling. Chair Kimura stated that he can work it out with the applicant and inform the Commission when they would like to put it on the agenda. Commissioner Texeira stated that it seems like the overriding comment is that there is probably a lot less traffic than anticipated. Mr. Robinson stated that he never thought that it was going to be a huge financial success. Back in 1984 or 1985 people were laughing at him because he stated that helicopter tourism could be harnessed to finance environmental work and now it is actually happening. The reserve has accomplished pioneer work that has never been done before in researching soil erosion rates from the mountains. They discovered that probably the greatest single environmental threat facing the Hawaiian islands is the catastrophic loss of top soil. He was also working to preserve endangered species. He stated that he will work with the Department. Mr. Dahilig requested a deferral on the extension request only, but leave the status report element of the report as part of the consent agenda. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 10/09/12 Class IV Zoning Permit Z-IV-2013-3 and Use Permit U-2013-3 to permit the construction and use of a farm worker housing facility at a site located approx. 0.5 miles west of the southern intersection of Koolau Road and Kuhio Highway in Moloaa, Kauai, further identified as Tax Map Key 4-9-009-009 (Condominium Property Regime Unite 0002), and affecting a portion of a 592 acre parcel=Ned and lWarta Whitlock dba Nfoloaa Or ganicaa. Director's Report pertaining;to this matter. 4 VA2012 Master Filesl Commissions\Planninp,\iMinutes\2012-9-11 Planning Commission Minutes Shoreline Setback Activity Determination (NONE) EXECUTIVE SESSION Chair Kimura moved this item to the end of the agenda. GENERAL BUSINESS MATTERS (NONE) COMMUNICATION (For Action) (NONE) COMMITTEE REPORTS (NONE) Subdivision Subdivision Committee Chair Texeira reported that the three items were deferred. Chair Kimura questioned the reasoning for deferral on Kapaa Highlands. Mr. Dahilig stated that procedurally the Committee provides a report on their recommendation for the full body to act on. Per Robert's Rules of Order, deferrals are not discussable items so there is nothing to report out of the committee at this time. Deputy County Attorney Jung stated that the subdivision committee chair can report that there are three deferrals out of the committee, but there is nothing to report. Chair Kimura questioned if he could pull items out. Deputy County Attorney Jung stated that when there is ratification, evaluation, and recommendation, they can pull items out. Chair Kimura questioned the reasoning for the deferral on Kapaa Highlands. Deputy County Attorney Jung stated that he can ask the question but the committee can assert Robert's Rules of Order and state that a deferment is not discussable. Committee Chair Texeira asserted that a deferment is not discussable. Deputy County Attorney Jung stated that Attorney Max Graham represented that given the complexity of the other matters on the subdivision committee agenda,he requested a deferral and the committee made a motion to defer. S VA2012 Master Files\Commissions\Pianning\Minutes\2012-9-11 Planning Commission Minutes Chair Kimura questioned if a commissioner can testify as a citizen the next time the applicant comes forward. Deputy County Attorney Jung stated that if he removes himself as a commissioner and testifies in an individual capacity, he would have to recuse himself from voting on the item because he could create a bias. He stated that if he had any specific questions regarding individual testimony he would be happy to meet with him to discuss. Commissioner Katayama questioned if they are now exacerbating the October 9 meeting with the same situation. Mr. Dahilig stated that he is not aware what is on the agenda for October 9 with respect to other subdivision requests, but the only matter that should be before the Commission is the Whitlock application that is provided for agency hearing on October 9. Commissioner Katayama stated that he thought the deferrals for the Kealia Properties LLC are now on the October 9 agenda. Mr. Dahilig stated that it would be those items and the Class 1V permit. Commissioner Katayama questioned the Allen Family LLC. Mr. Dahilig stated that it would be on the same day as well. Commissioner Katayama stated that it creates the same scenario as today. Chair Kimura questioned when the other Commissioners should arrive for the Planning Commission meeting. Mr. Dahilig stated that they will schedule the Subdivision Committee meeting at its normal time and try to schedule later, for public notice and other commissioners' notice, the rest of the rest of the agenda items for the whole Commission.. UNFINISHED BUSINESS Far Action (NONE) NEW BUSINESS (NONE) ANNOUNCEMENTS Chair Kimura announced that the following scheduled Planning Commission meeting will be held at a time specified by the Planning Department on Tuesday, October 9; 2012, 6 Va2012 Master Files\Commissions\Planning\Minutes\2012-9-11 Planning Commission Minutes EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to discuss the settlement of the Fifth Circuit Civil No. 12-1-0103, Weatherwax Family 2000 Trust vs. Planning Commission of the county of Kauai and Count Kauai regarding Special Permits SP-2011-24 and SP-2012-34, Tax Map Key 5-3-04:20, Kalihikai, Kauai=Weatherwax Family Trust aid related matters. This briefing and consultation involves the consideration of the powers, duties,privileges, immunities and/or liabilities of the Planning Commission as they relate to this agenda item. Chair Kimura questioned if he would adjourn the meeting and then go into executive session. Deputy County Attorney Jung stated that there will be an action item required at the end of the executive session. Chair Kimura stated that they will close the regular meeting immediately following the executive session. It was moved by Herman Texeira and seconded by Camilla Matsumoto to go into executive session and close the meeting immediately following executive session. Deputy County Attorney Jung stated that he made an error on the agenda and forgot to post the action item following the executive session. He requested deferral until the October 9 meeting. The motion to go into executive session was withdrawn by Herman Texeira and the second by Camilla Matsumoto was also withdrawn. ADJOURNMENT The Commission adjourned the meeting at 5:03 p.m. Respectfully submitted by: ( � OAMU� Duke Nakamatsu, Commission Support Clerk 7 VA2012 master Files\Commissions\Planning\Minutes\2012-9-11 Planning Commission Minutes