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HomeMy WebLinkAboutpc 11-27-12 min KAUAI PLANNING COMMISSION REGULAR MEETING November 27, 2012 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair pro tem Herman Texeira, at 9:10 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. Herman Texeira Mr. Wayne Kataya..ma Ms. Camilla Matsumoto Mr. Caven Ra.co Mr. Hartwell Blake (arrived at 10:40 a.m.) The following Commissioners were excused: Mr. Jan Kimura Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair pro tem Herman Texeira called the meeting to order at 9:10 a.m. ROLL CALL Planning Director Michael Dahilig stated that there were four commissioners present. He noted that Commissioner Texeira was serving as chair pro tem in the absence of the chair and vice chair. APPROVAL OF AGENDA On the motion made by Camilla Matsumoto and seconded by Caven Raco to approve the agenda, the motion carried by unanimous voice vote. MINUTES of the meeting(s) of the Planning Commission Regular Meetiniz of October 23, 2012 Executive Session of October 23 2012 1 VA2012 Master Files\Commissions\Planning\Minutes\2012-11-27 Planning Commission Minutes DEC 11 2012 On the motion made by Camilla Matsumoto and seconded by Caven Raco to accept the regular minutes and executive session minutes of the October 23, 2012 meeting, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR:THE RECORD Mr. Dahilig stated that they received a communication from JJ's Enterprises. 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 Continued Agency Hearing (NONE) New Agency Hearing Class IV Zoning Permit Z-IV-2013-7, Use Permit U-2013-7 and Special Permit SP-2013- 2 to allow establishment of a group child care home facility on a parcel located within the Wailapa Subdivision, along the western side of Wailapa Road, situated approx. ,700 ft. makai of the Kuhi`o Highway/Wailapa Road intersection, further identified as Tax Map Key 5-1-005: 015, and affecting a portion of approx. 22.10 acres, =Brianna & Cynthia Fehring. [Director's Report received 1 1/13/12.1 Mr. Dahilig stated that due to comments relayed by the Fire Department,this matter is being consented to a deferral to the first meeting in January. The mandatory deadlines regarding the hearing have been waived. On the motion by Camilla Matsumoto and seconded by Caven Raco to accept the deferment:, the motion carried by unanimous voice vote. Class IV Zoning Permit Z-IV-2013-8 and Variance Permit V-2013-8 to deviate from the setback & lot coverage requirements within the Neighborhood-Commercial (C-N) zgnji - district, pursuant to Section 8-5.5(b).& 8-5.5(g) of the Kaua'i County Code (1987), as amended, and Special Management Area Use Permit SMA(U)-2013-4 to permit the construction of an outdoor deck (after-the-fact) for the Anchor Cove Shopping Center, on property located on the makai side of Rice Street in Ndwiliwili, further identified as Tax Map Key 3-2-004: 005 & 006, with a total land area of 82,766 sq ft. = .Tfs Enterprises, LLC. [Director's Report received 11/13/12.1 Letter (11/20/12) from Avery Xoun, Authorized Agent, withdrawing applications for Class IV Zoning Permit Z-IV-2013-8, Variance Permit V-2013-8 and Special Management Area Use Permit SMA(U)-2013-4. 2 VA2012 Master Files\Commissions\Planning\Minutes\2012-11-27 Planning Commission Minutes Mr. Dahilig stated that based on a correspondence listed as agenda item F.c.L, he noted that public hearing can be cancelled due to the withdrawal of the Class IV Zoning Permit application, Variance Permit application, and SMA application. On the motion by Camilla Matsumoto and seconded by Wayne Ka'tayama to accept the withdrawal of the application, the motion carried by unanimous voice vote. Mr. Steve Layne testified that he owns the Garden Island Inn Hotel. He noted that the last public hearing he testified at was for another bar in the area and there were 90 registered voters who signed a petition opposing the application. The Liquor Commission did not send out sufficient notice and they ended up being sued over a liquor license that should have been declined. Drainage has been an issue for the last 20 years. There was a storm drain built under the deck that was crushed in construction of the shopping center. When it rains, the street fills with mud and rain. He requested that the Commission look into the drainage issues for any future applications. The justificatiohs for the variance were all faulted and false. He referenced four articles in the Honolulu newspaper in the last year regarding crime in the parking lot area. He was happy that they are preventing another huge potential problem from occurring. Chair pro tern Texeira thanked Mr. Layne for his testimony. He noted that they would like to stick to the application,but they welcomed and received his testimony. Mr. Layne thanked the Commission and stated that the area is improving thanks to all of the various agencies and businesses working together. Mr. Paul Pomroy testified that the applicant had built a structure unpermitted and at the same time had other problems with drainage and apparently not working to correct it. He also referenced noise and other problems that would occur with the approval of this permit. He thanked the Department for their report and due diligence and the ultimate result in the applicant withdrawing their application. Mr. Richard Kaeo Jr. testified that noise was a problem in the past when there were dances on the property and live music. He also noted problems with litter from beer bottles. Chair pro tern Texeira noted that the application has been withdrawn so there was no public hearing and no further action required. Continued Public Hearing Zoning Amendment ZA-2012-5 to amend Chapter 8, Article 27 of the Kauai Count Code, 1987 (as amended) to incorporate the shoreline change data produced by The University of Hawaii Coastal Geology Group in the Kaua'i Coastal Erosion Study and other amendments relating to setback calculations ('public review document will be made available beginning March 7, 2012) = County of Kauai, Department OLPlanning [Postponed 3/27/12, hearing continued 4/10/12.1 Supplemental No. 1 Director's Report pertaining to this matter 3 V:12012 Master Piles\Commissions\Planning\Minutes\2012-11-27 Planning Commission Minutes There was no public testimony. On the motion'by Wayne Katayama and seconded by Caven Raco to close public hearing, the motion carried by unanimous voice vote. Staff planner Kaaina Hull noted that the primary amendments and initial Director's report were previously delivered to the Commission. There were issues raised by Sea Grant that were discussed in the report, but the Department held to their primary intent as previously transmitted to the Commission at the initial public hearing. Commissioner Katayama stated that there was an intent to look at the shoreline setback rules as it went through the different agencies. He questioned how it has morphed and if there are any shortcomings that were not anticipated. Mr. Dahilig stated that the Department's concern with respect to the current law, Ordinance 870, is that there is a provision concerning all lots abutting the shoreline. Whether it is a depth of 100 feet or 2 miles,the shoreline setback Ordinance would potentially be triggered. One of the clarifications with respect tb applying the Fletcher study was to ascertain the more appropriate level of review for certain activities. There is more flexibility on items that is further inland and higher scrutiny for those items closer to the shoreline based on science. Mr. Hull noted that the only significant change that has happened since the transmittal of the initial amendments was that Sea Grant raised the issue that they tried to propose a fairly progressive shoreline setback formula; 40' plus 100 times the coastal erosion rate of the respective lot. In essence the Department would be pushing lots affronting the shoreline into a grandfather clause where they wouldn't be using the formula based strategies to set the shoreline. In order to address that,the Department is proposing to have a minimum buildable footprint in the event that the formula base pushes it into the grandfathering status, and then the shoreline setback would essentially be set by a minimum buildable footprint. Commissioner Katayama questioned how the process would be handled and questioned the mechanism. Mr. Hull stated that it is set within the Ordinance and the minimum buildable footprint for a shoreline property is determined by the following formula: 1500 square feet multiplied by the average lot depth in feet, divided by 75 feet. Commissioner Katayama questioned the grandfathering. Deputy County Attorney .lung stated that the issue was with lots that were designed with a 20 or 40 foot setback in the past. This formula that was developed in conjunction with the U.S. sea grant program would address how they can stylize or create the minimum buildable footprint so they can have the ability to build something. If it gets to the point where they want to build something that isn't necessarily feasible or won't fit within the established lot,then there is a secondary protocol that allows them to come in for a variance. There is a safeguard, but the variance requires public hearing. 4 V:\2012 Master Fires\Commissions\Manning\Minutes\2012-11-27 Planning Commission Minutes On the motion to approve ZA-2012-5 by Caven Raco and seconded by Camilla Matsumoto, the motion carried by unanimous voice vote. Mr. Dahilig thanked Deputy County Attorney Jung, Mr. Hull, and Ruby Pap from Sea Grant for their work and stakeholder discussions. UNFINSIHED BUSINESS (For Action) Zoniniz Amendment ZA-2013-1 (proposed Draft Bill No. 2439) to amend Chapter 8 of the Kaua'i County Code 1987 to create a Planning Enforcement Account to assist the Plannini; Department with enforcement of the codes statutes and regulations it has the authority to enforce Kauai County Council [Hearing closed 10/9/12.1 Supplemental No. 1 Director's Report pertaining to this matter. Mr. Hull read the supplemental D'irector's report into the record. There was no public testimony. On the motion by Caven Raco and seconded by Camilla Matsumoto to approve ZA- 2013-1, the motion carried by unanimous voice vote. CONSENT[' CALENDAR Status Reports (NONE) Director's Report(s) for Project() Scheduled for Agency Hearing; on 12/11/12 (NONE) Shoreline Setback Activity Determination (NONE) EXECUTIVE SESSION (NONE) GENERAL BUSINESS MATTERS Informational Update on Long-Range Planning Division Projects and Initiatives. Long range planners Peter Nakamura., Marie Williams, and Leanora Kaiaokamalie provided a PowerPoint presentation on projects that the long range division is working on. (Presentation on file). Commissioner Katayama questioned the socio-economic analysis and forecast study. 5 VA2012 Master Tiles\Commissions\Planning\Minutes\2012-11-27 Planning Commission Minutes Ms. Williams stated that is where they would examine the factors connected to population growth over the next 10,20, 30 years and how they are going to manage growth in the manner that they want to achieve the vision for Kauai. A big part of it would be to develop a sound baseline upon which they can build policies and recommendations. Ms. Kaiaokamalie stated that the first study is going to be integrated into the second and third. The information that is going to be developed for the socio-economic analysis will help with the build-out scenarios. Chair pro tem Texeira noted that the County Council mandated the Planning Commission to review the capital improvement programs annually and to make recommendations to the Planning Department. He questioned how it would be affected. Mr. Dahilig stated that the various departments have provided their wish list to the long range division with the instruction that they are expecting something viable. They are currently being evaluated and a draft report will be presented to the Commission for review and potential acceptance. It will entail consistency elements with the General Plan and some degree of preference from the various departments as to where their projects lie with respect to which should be funded. It is an ongoing process and they are building upon what was done last year to be in more alignment with what the Charter prescribes as the Commission's prerogative. Chair pro tem Texeira questioned the timeline. Mr. Dahilig stated that they should be anticipating a draft report in a couple of months. Their intent is that it would be submitted contemporaneously with the C.I.P. budget. Commissioner Katayama stated that given the completioli dates of the development plans and the review schedule for the General Plan,he questioned if there would be a consolidation of how all of these things will fit together and whether the General Plan will be driven by the development plans or if the General Plan will philosophically drive the development plans. Mr. Dahilig stated that by policy they have been given monies for development plans even though they would prefer that the Genergl Plan be first. By policy,there was a push by lawmakers to have these plans pushed before the General Plan update which is supposed to be done every 10 years. The baseline data from the General Plan technical studies is what they hope will be the tying element between the policies that are derived from the development plans that will ultimately transferred to the General Plan update. They believe that if they are operating off the same baseline data, at least there is a tying element that will provide some degree of consistency for both the development plans and the General Plan. Consultants on the plans will be required to align terminology and transects to ensure that the nomenclature will be able to be folded into the General Plan. Commissioner Katayama stated that they now have the ;skills in the long range planning to develop a more logical scheme. He agreed that having development plans lead would handcuff the General Plan. He thinks the socio-economic study is critical because they have legislation in place but don't understand the long range impact. Given the current rate of change 6 VA2012 Master Piles\Commissions\Planning\Minutes\2012-11-27 Planning Commission Minutes in the economy, environment, and governance, he questioned if a 10 year review cycle was adequate. It seemed long relative to the changes. Mr. Dahilig stated that it probably just meets it if they are operating under the same premise as census cycles and how the new infon- ation is developed. Functionally it is difficult to run through a general plan within a 10 year cycle. On the motion by Camilla Matsumoto and seconded by Wayne Katayama to receive the report, the motion carried by unanimous voice vote. (Commissioner Raco recesed himself from the meeting at 10:18 a.m.) (The Commission recessed to await Commissioner Blake's arrival) (Commissioner Blake arrived at the meeting at 10:40 a.m. and the meeting resumed) HEARINGS AND PUBLIC COMMENT (Continued) New Agency Hearing_ Class IV Zoning Permit Z-IV-2013-6 and Use Permit U-2013-6 to construct a storage shed on property situated along Weliweli Road, immediately adjacent to the K610a Neighborhood Center in K61oa Town, approx. 400 ft, southeast of the Weliweli Road/K61oa Road intersection further identified as Tax Ma Key 2-8-008: 019 and affecting a total area of 4,3 67 s . ft. = Ole ario &Anne E .Rivera. [Director's Report received 11/13/12.1 (Continued) There was no public testimony. On the motion by Camilla Matsumoto and seconded by Wayne Katayama to close the agency hearing, the motion carried by unanimous voice vote. Mr. Hull .read the Director's report into the r(,-cord. (On File) Mr. Hull stated that storage sheds are generally permitted in all zoning districts including the general commercial district that it is being proposed in. The use permit is being required because it is located in a special treatment cultural district which requires any 3 dimensional alterations or constructions to undergo use permit evaluations. The Department finds in its preliminary evaluation that the proposed structure is within keeping of the town ambiance in the surrounding area and is recommending preliminary approval of the structure. The applicant has not gone under Kauai Historic Preservation Review and the Department is recommending deferment until it can be reviewed by the Kauai Historic Preservation Review Commission and until they can transmit comments to the Planning Commission. Chair pro tem Texeira asked for clarification on the shed. The report refers to more than one shed. Mr. Hull noted that it is a single structure with multiple walls within it. 7 VA2012 Master Files\Commissions\Planning\Minutes120 1 2-1 1-27 Planning Commission Minutes Ms. Laurel Loo representing the applicant stated that exhibit Cl is a photo of the shed which is one structure, but between the doors there will be interior walls, so they are being referred to as three separate sheds although it is one structure. Chair pro tem Texeira questioned if there are any plans to use the shed for commercial purposes. Ms. Loo stated that it will be used for personal items. Chair pro tern Texeira questioned if there are any plans for expansion. Ms. Loo indicated that there were no plans for expansion. Chair pro tern Texeira questioned if the sheds can be rented and if it is an allowable use. Ms. Loo stated that she would think that Planning Department approval would be required, but noted the applicant will be using it for personal items. Chair pro tern Texeira questioned the purpose of three separate rooms with three separate entrances. Ms. Loo stated that is the design but for no particular reason. They will not be rented out. Mr. Hull noted that the zoning is general commercial and commercial use is allowed in this district. An expansion of the structure itself could potentially require additional Commission review, because the trigger for Commission review in this district is 3 dimensional alterations to an existing structure. Chair pro tem Texeira clarified that because it is in a commercial district they could arbitrarily decide to do a commercial activity. Mr. Hull noted that commercial activity is allowed but they would have to go 'through the Planning Department for a change of use. He noted that commercial sales are outright permitted at this property. Ms. Loo stated that staff recommended waiting for the KHPRC to review the plans, but the applicant's position is that the preliminary recommendation already includes a paragraph that in building permit review,the Planning Department shall determine any additional improvements or mitigation measures to meet recommendations provided by the KHPRC. They are willing to abide by the Commission's recommendation and work with the Department. They would be open to agreeing to certain colors or use of certain materials and they respectfully request Commission action today if possible. Mr. Dahilig stated that given the representation by the agent for the applicant, the Department would not have any objection if the Commission would like to take action today. Mr. Hull stated that if the Commission would like to take action today, ultimately during building permit review, they could administer whatever recommendations KHPRC has for the applicant. Chair pro tern Texeira questioned if they have to incorporate the conditions in the actual application. Mr. Dahilig stated that it is set forth as condition number 2 under preliminary recommendations. As a confirmation based on the applicant's agent's representation that there is S VA2012 Master Fiies\Commissions\Pianning\Minutes12012-1€-27 Planning Co;nmission Minutes a willingness to abide by the KHPRC's recommendation, they can see no further impediment to ask for a deferral of the matter until KHPRC acts. The Department would not object to any action on the application. On the motion by Wayne Katayama and seconded by Camilla Matsumoto to approve, the motion carried by unanimous voice vote. COMMUNICATION (For Action) (NONE) COMMITTEE REPORTS (NONE) ADJOURNMENT Chair Pro tem Texeira adjourned the meeting at 10:50 a.m. Respectfully submitted by: Duke Nakamatsu, Commission Support Clerk 9 VA2012 Master Files\Commissions\Planning\Minutes\2012-11-27 Planning Commission Minutes