HomeMy WebLinkAboutpc 12-11-12 minutes KAUAI PLANNING COMMISSION
REGULAR MEETING
December 11,2012
The regular meeting of the Planning Commission of the County of Kauai was called to
order by Chair Jan Kimura at 9:26 a.m., at the Lihue Civic Center, Moikeha Building, in meeting
room 2A-2B. The following Commissioners were present:
Mr. Jan Kimura
Mr. Hartwell Blake
Mr. Wayne Katayama
Ms. Camilla Matsumoto
Mr. Caven Raco
Mr. Herman Texeira
Discussion of the meeting, in effect, ensued:
CALL TO ORDER
Chair Kimura called the meeting to order at 9:26 a.m.
ROLL CALL
Planning Director Michael Dahilig noted that six commissioners were present.
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 meetin s .of the Planning Commission
Reyular Meeting of November 13, 2012
Regular Meetin of November 27 2012
On the motion made by Herman Texeira and seconded by Camilla Matsumoto to
accept the regular minutes of the November 13, 2012 and November 27, 2012 meetings, the
motion carried by unanimous voice vote.
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JAN
RECEIPT OF ITEMS FOR THE RECORD
There were no items to receive.
Mr. Dahilig announced that Lee Steinmetz is the new transportation planner. He will be
working with Public Works and Planning to help to facilitate the complete streets, safe routes to
school, and walkability types of programs that they hope to implement to create a better built
environment for the community.
Mr. Steinmetz stated that he is happy and excited about the opportunity. He is looking
forward to working with the Commission and the community in advancing the vision of the
County for complete streets and livable communities.
HEARINGS AND PUBLIC COMMENT
Continued Agency Hearing (NONE)
Class IV Zoning Permit Z-IV-2013-2, Use Permit U-2013-2 and Special Management
Area Use Permit SMA(U)-2013-1, to allow after-the-fact improvements involving Lot 6 of the
Kahili Makai Subdivision, which includes construction of a concrete retaining wall, drainage
sump, and extension of concrete driveways, on a parcel situated along the makai side of 1<,'uhi`6
Highway, near'the terminus of Kahili Makai Road, further identified as Tax Map Key (4) 5-2-
021: 006, and affecting a portion of a 27.56-acre parcel = Lauren Nicole Spellman Smith and
Brian John Smith. (Director's Report received 10/23/12 deferred'l l/13/12.
Letter(12/5/12) from Lorna A. Nishimitsu,Esq., requesting extension of time for action
to the Planning Commission's March 12 2013 meeting.
There was no public testimony.
Mr. Dahilig stated that based on a deferral by the State Historic Preservation Department
needing more time to evaluate the application, and based on a correspondence from Lorna A.
Nishimitsu dated December 5 requesting more time, the Department requests that the matter be
deferred until.March 12, 2013.
On the motion by Camilla Matsumoto and seconded by Wayne Katayama to defer
the public hearing to the first meeting in March, the motion carried by unanimous voice
vote.
New Agency Hearing (NONE)
Continued Public Hearing (NONE)
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New Public Hearing
Zoning Amendment ZA-2013-2: Amendment to Sections 9-2.3 & 9-2.11 of the
Subdivision Ordinance, Cha tb er 9 of the Kauai County Code (1987), as amended to allow for
multi-modal transportation principles for subdivisions=Phuming Department
Bev Brody stated that she was testifying with two hats. As the Oet Fit Kauai coordinator
employed by the University of Hawaii, she stated that many communities in the United States
have begun to realize that the built environment has a direct impact on their well-being. Barriers
to shaping healthier communities can reside within local government's agencies related to
planning and development. Small block sizes and variety of destinations help make
neighborhoods highly walkable. People living in walkable mixed-use communities are more
than twice likely to get their 30 minutes or more of daily exercise as those who live In
automobile-centric neighborhoods. In order to improve'connectivity and accessibility,this Code
can create standardized block design types that makes blocks smaller. There are a lot of health
benefits; it would help reduce the prevalence of obesity, increase life expectancy,and reduce
medical costs. As a resident of Kauai, she stated that her father is visiting from Vancouver and is
96 years old. Until a couple of years ago,he drove. He lives in a place where he is able to walk
from place to place. She would also like to be able to walk to her neighbors to borrow a cup of
sugar when she is older. If the blocks were 1.800 feet long, she would have to drive. Looking to
the future,the Commission has the power to start designing communities so that when she is 96
years old she will be able to use her walker to visit her neighbor without harming anyone along
the way. She urged the Commission to approve of the block length and the sidewalk law of the
zoning that is being presented.
Ted Blake from Koloa stated that they started with a crosswalk project in Koloa about
seven years ago and it haq morphed into the complete streets project. 87% of the children at
Koloa School are dropped off and picked up. Interestingly, many live within walking distance to
school. One of the reasons is because of the safety of the roads and people who speed. They
hope the project will address the crosswalks,bike lanes,and pedestrian lanes in Poipu Road and
help to increase children walking and biking to school. One of the biggest problems is that there
are so many cars coming into the school that traffic backs up to the missionary church and down
to the mortuary. Should the improvements be added, it will be a big help in lessening the traffic
and a lot less problems for Public Works to mitigate the traffic problem. It is a good project and
the community is excited about it. Sidewalks in Koloa would change the ambiance. They will
be adding pavement, leveling off the shoulders and painting lanes for bikes and pedestrians.
Senn Linton of Wailua,the Safe Routes to School coordinator for Kauai, stated that she is
in support of the subdivision ordinance because it will help increase the safety of the kids to be
able to walk to school. Shorter block lengths and connectivity allows a shorter distance to walk.
Having sidewalks or pathways to travel makes them and their parents feel safer. Many of the
kids live within 1 mile of the school which is a reasonable distance for children to walk to
school. 70%-80%of parents drive their kids to school which is unnecessary in our communities.
They should have the choice to allow their kids to walk to school. Most parents identify that
traffic safety and lack of sidewalks is the reason they don't allow their kids to walk to school.
This Ordinance will help them to feel safer and she urged the Commission to pass this important
Ordinance.
Celia Mah#koa, the executive on transportation with the County Transportation Agency
stated that the departments and agencies have been teaming tip within the County to attempt to
address the ability to serve the public better as far as providing good infrastructure for people to
move around better on the island and breaking out of the silos they were operating within being
vehicle centered. They appreciate all of the support they have received administratively through
the Commission, Mayor's office and Council. Her role is to do their best to serve the public in
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being able to move people around on the bus. That also integrates very closely with pedestrian
needs and bicycle facilities on the island. She sees nothing but gain from the proposed changes in
the Subdivision Ordinance. There are a lot of hidden benefits that come out of changes. One is
by increasing the connectivity people will be more apt to be walk or bike to the bus stop rather
than feeling they need to use alternate methods of getting to the stops. They are trying to find.
ways of improving the service and therefore working together with everyone to have the
infrastructure needs changed. They fully support the effort and ask for the Commission's
support as well.
Dr. Neil Clendeninn stated that he has a degree in planning architecture but his major
employment is in health as a physician. Most diseases are due to the way they build the
environment. Shortening streets and allowing people to do more walking to get around would
immensely help health. Some people have said that gutting sidewalks in would make it like
Orange County,but the reason Orange County fails is because they put in subdivisions acid made
it for cars,not for people. If you could see a school from your house,the only way to get there
would be to drive a mile and a half to a feeder street,to a collector street,to a main highway
back to the school. No mother would let their child walk that distance. What Kauai has in urban
areas is the California subdivision law. It's not the sidewalks, it's the roads. We need to start
building multi-modal streets that people will actually start using in other ways than cars. The
purpose is not to have a big sidewalk in rural areas; it is for subdivisions,where we should be
getting people to walk to be connected.
Tommy Noyes stated that he works with the Hawaii State Department of Health and
serves on the Board of Directors of the Kauai Path Advocacy Organization working to make
Kauai more walkable and bikable. He wanted to reinforce the testimony by Celia Mahikoa and
Dr. Clendeninn. We have a tendency to build and design new subdivisions around the needs of
automobiles. He urged the Commission to reconsider and build around the needs of people and
put people at the center of the planning paradigm rather than the automobile. These are the ways
to make neighborhoods in the future more accommodating to every day healthy activities;
getting out walking, bicycling, and nieeting neighbors face to face. When people are connected
they can respond better to challenges and natural disasters. He urged the Commission to support
this measure.
On the motion by Camilla Matsumoto and seconded by Herman Texeira to close the
public hearing, the motion carried by unanimous voice vote.
All Public Testimony Pursuant to HRS 92
There was no other public testimony.
CONSENT CALENDAR
Status Reports (NONE)
Director's Re o�rt(s) for Proiect(s) Scheduled for Agency Hearing on 1/08/13 (NONE)
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Shoreline Setback Activity Determination
Shoreline Setback Commission Review SSCR-2013-08 and Shoreline Setback
Determination SSD-2013-18 for a shoreline activity determination., Tax Map Key 4-9-004:008,
Anahola, Kaua'i, for acceptance by the Commission= William & Hawret Hosmer,
Shoreline Setback Commission Review SSCR-2013-9 and Shoreline Setback
Determination SSD-2013-24 for a shoreline activity determination, Tax Map Key 4-3-009:050,
Wai ouli Kauai for acceptance by the Commission=Kaua 7 Kailani.
EXECUTIVE SESSION (NONE)
GENERAL BUSINESS MATTERS (NONE)
COMMUNICATION (For Action) (NONE)
COMMITTEE REPORTS
Subdivision
Subdivision Chair Texeira reported that the first items on the agenda were for a tentative
subdivision extension requests for the Kealia Properties:
5-2006-45,Kealia Properties LLC (formerly Plantation Partners Kauai,
LLC/Kealiakealanani) TMK: 4-7-003:002
5-2006-46, Kealia Properties LLC (formerly Plantation Partners Kauai,
LLC/Keaiiakealanani) Tl 4K: 4-7-004:001
The recommendation was to receive and approve the request to withdraw the two
applications which passed 3-0.
The following final subdivision action was approved by the committee, 3-0.
5-2012-05, Kealia Makai Holdings LLC, TMK: 4-7-006:018, 4-7-007:001
On the motion by Wayne Katayama and seconded by Camilla Matsumoto to receive
and approve the committee's report, the motion carried by unanimous voice vote.
Commissioner Katayarna recused himself from the McBryde Sugar Company agenda
item.
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The following final subdivision extension requests were approved by the Committee, 3-0.
The extension was until October 2014.
S-93-50, McBryde Sugar Company LLC, TMK: 2-4-007:20, 23, 25
S-2006-04, McBryde Sugar Company LLC, TMK: 2-4-007:02, 03, 18
On the motion by Camilla Matsumoto and seconded by Hartwell Blake to receive
and approve the committee's report, the ;!notion carried by unanimous voice vote.
UNFINISHED BUSINESS (For Action) (NONE)
NEW BUSINESS (For Action)
New Public Hearin
Zoning_ Amendment ZA-2013-2: Amendment to Sections 9-2.3 & 9-2.11 of the
Subdivision Ordinance, Chapter 9 of the Kauai County Code (1987), as amended to allow for
multi-modal transportation principles for subdivisions=Planning Department.
Director's Report pertaining to this matter.
Mr. Dahilig introduced Long Range Planner Marie Williams to present the Director's
report. Based on final continents from Public Works, the Department is asking for a deferral
until January 8 to await the final edits.
Ms. Williams read the Director's Report into the record. (On file)
Commissioner Blake questioned if the fees collected in the revolving account to be
expended on sidewalks, shared use path construction, and maintenance would be controlled by
Public Works or the Council.
Ms. Williams stated that they anticipate working with Public Works on the details of how
such a fund could be best used to serve the purpose of improving or constructing new sidewalks
or shared use paths.
Commissioner Blake questioned if they would be absolutely dedicated to achieving the
ends of the Ordinance.
Ms. Williams stated that there has to be q connection between hqw the fee is assessed and
what the money is used on. They anticipate that the money will be spent on projects that will
help improve connectivity and people being able to walk.
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Commissioner Blake questioned if a fee is paid in lieu of having to build sidewalks,
because they are not necessary due to the geographical features of the development, goes into a
fund that will be used on other safe street projects.
Ms. Williams stated that is the vision.
Commissioner Blake stated that he would be concerned about it going into the Council's
general fund that can be used for anything.
Ms. Williams noted that it will not be going into the general fund but into a special fund
specifically for the purpose of sidewalk and shared use path construction.
Ms. Williams and Long Range Planner Peter Nakamura presented a PowerPoint
presentation. (On File)
Ms. Williams reiterated that the benefit would be increased safety for all ages and
abilities, and increasing transportation options.
Commissioner Texeira questioned how it would apply to existing subdivisions.
Ms. Williams stated that it will only apply to new subdivision applications and won't
affect existing neighborhoods. She clarified that this isn't a mandate where they will construct
sidewalks in existing neighborhoods, but ensuring that new development meets the goals of the
complete streets policy.
Commissioner Texeira stated that it seems that many of the communities are already built
out. He felt it would be appropriate if the existing subdivisions could incorporate something like
this.
Ms. Williams stated that a retrofit program is very expensive. It makes sense to do it
right the first time.
Commissioner Texeira stated that the County has sidewalks around the schools. He
questioned how it would apply to the County constructed sidewalks.
Ms. Williams stated that it would only apply to new subdivisions.
Commissioner Texeira noted that many subdivisions funnel into a main street. They
should have County sidewalks that take you to a school. He questioned if there is anything to
interface and connect them.
Ms. Williams stated that the Ordinance Amendment is only one part of a big issue with
many moving parts. There will have to be capital projects. She noted that Lyle Tabata,the
Deputy County Engineer, is leading the County Safe Routers to School task force and the
Complete Streets internal working group. The new transportation planner is thinking about how
we can develop a retrofit program to address the issue of substandard pedestrian ways.
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Commissioner Katayama questioned the plans to allow other kinds of changes in terms of
use regulations. He stated that this is a whole paradigm shift that needs to be accommodated
with our ability to comply. There would need to be a wide variety of services to encourage that
kind of transportation. He was not sure if we have those kinds of tools. We are on the old
paradigm where we cluster our infrastructure for the highest and best use and funnel people to
and from that.
Mr. Dahilig stated that they think the answer is to look at more mixed use types of zoning
versus the Euclidean form. They hope that the implementation of form based code will help
facilitate some of the questions that were raised and other things concerning minor services and
more integrated commercial mixed use. Where the form based code will be applied is more of a
General Plan and Development Plan discussion.
Commissioner Katayama questioned if that day has arrived with the enactment of these
kinds of laws or zoning subdivision rules.
Mr. Dahilig stated that this is the first of many elements of legislation. This is the first
dabble at implementing the complete streets policy. Hopefully it can dovetail and snowball into
more of the regulatory surgeries that are needed to adjust the Code to meet the objectives.
Commissioner Katayama questioned if the implication is higher density.
Mr. Dahilig stated that part of the implication is higher density. If they choose to grow
rural areas, they may not necessarily be abbe to facilitate the mobility questions that are arising.
Even if they get 10% of the population to live in a denser, auto-less type of community,that is
still 7,000 or 8,000 people. Tl1e5e types of micro adjustments to allow communities to transition
to a more denser area,will provide more housing optioi s,transportation options,more
educational options, etc.
Commissioner Katayama stated that it is a good first step.
Commissioner Texeira questioned if landscaping considerations will be part of the
process.
Ms. Williams stated that they are looking at creating a Kauai living streets guide for
future roadway design based on the L.A. County living streets guide that looks at landscape and
the context of the road. It is a work in progress that has been going on for the past year.
Mr. Dahilig requested that the Commission entertain deferring the matter until January 8
for further action.
On the motion by Herman Texeira and seconded by Camilla Matsumoto to defer
the application to January 8,2013, the ;notion carried by unanimous voice vote.
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ANNOUNCEMENTS
Mr. Dahilig stated that this is the last meeting of the year and, based on terms, is
officially Commissioners Matsumoto's and Raco's last meeting. He thanked them for their
service on behalf of the Department.
Chair Kimura stated that they will both be very difficult to replace.
Chair Kimura announced that the following scheduled Planning Commission meeting
will be held at 9:00 a.m. or shortly thereafter at the Lihue Civic Center, Moikeha Building,
Meeting Room 2A-2B on Tuesday, January 8, 2013.
ADJOURNMENT
Chair Kimura adjourned the lneetizig at 10:31 a.m.
Respectfully submitted by:
Duke Nakamatsu,
Commission Support Clerk
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