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HomeMy WebLinkAboutpcminutes7-10-12 KAUAI PLANNING COMMISSION REGULAR MEETING July 10, 2012 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair Jan Kimura, at 9:14 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. Hartwell Blake Mr. Jan Kimura Ms. Camilla Matsumoto Mr. Caven Raco Mr. Herman Texeira Absent and excused: Mr. Wayne Katayama Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Kimura called the meeting to order at 9:14 a.m. ROLL CALL Mr. Dahilig noted that five Commissioners were present and there was quorum. APPROVAL OF AGENDA On the motion made by Camilla Matsumoto and seconded by Herman Texeira to approve the agenda,the motion carried by unanimous voice vote. MINUTES OF THE MEETING S OF THE PLANNING COMMISSION On the motion by Camilla Matsumoto and seconded by Herman Texeira to accept the minutes of June 12,2012, the motion carried by unanimous voice vote. JUL 2 4 2012 RECEIPT OF ITEMS FOR THE RECORD On the motion by Camilla Matsumoto and seconded by Herman Texeira to receive all items for the record, the motion carried by unanimous voice vote. HEARINGS AND PUBLIC COMMENT Continued Agency Hearing (NONE) New Azency Hearing: Class IV Zoning Permit Z-IV-2012-20, Special Permit SP-2012-39 and Use Permit U- 2_012-16 to allow various site improvements to the National Tropical Botanical Gardens (NTBG) including the conversion of an existing tool shed into a Snack Shop, construction of a Comfort Station Gardener's & Heavy walkway enhancements on a parcel situated approx. 4,500 ft. south of the Lawai Highlands Estate Subdivision in Lawai, also referred to as the MCBryde Garden, further identified as Tax Map Key 2-6-003:052 and affecting a total area of approx. 5 acres = National Tropical Botanical Garden. [Director's Report received 6/26/12.1 There was no public testimony. On the motion by Caven Raco and seconded by Camilla Matsumoto to close the public hearing, the motion carried by unanimous voice vote. Class IV Zoning Permit Z-IV-2012-19 and Use Permit U-2012-15 to allow establishment of an alternative home school facility on a parcel located in Lawai Kauai along the northern side of Koloa Road situated near the Koloa Road/Lawai Loa Road intersection, further identified as Tax MgV Key 2-6-003:055 and containin .35 acres =Kevin and An ela Kuzma. (Director's Report received 6/26/12.1 The Commission received public testimony from Mr. Michael Parker. Mr. Parker stated that he has a son that would like to attend the school and they are excited about the opportunity to have an alternative Christian school on the South shore. The Commission received public testimony from Mr. Bob Swanson. Mr. Swanson stated that they have been looking for an alternative school for their 10 year old daughter and he was impressed with the applicants' energy and focus to prepare the property. He plans to join the school and hopes that the application is approved. The Commission received public testimony from Aletha Thomas. Ms. Thomas stated that she has known the applicants for the past 10 years and has been a colleague for six years. She stated that they are strong teachers and would be an asset to the South shore community. On the motion by Caven Raco and seconded by Hartwell Blake to close public hearing, the motion carried by unanimous voice vote. Continued Public Hearing (NONE) New Public Hearing (NONE) All public testimony pursuant to HRS 92 CONSENT CALENDAR Status Reports (NONE) Director's Reports for Proiect(s) Scheduled for Agency Hearing on 7/24/12 (NONE) Shoreline Setback Activity Determination (NONE) EXECUTIVE SESSION (NONE) GENERAL BUSINESS MATTERS (NONE) COMMUNICATION (For Action) (NONE) COMMITTEE REPORTS (NONE) UNFINISHED BUSINESS (For Action) (NONE) NEW BUSINESS Class IV Zoning Permit Z-IV-2012-20 Special Permit SP-2012-39 and Use Permit U- 2012-16 =National Tropical Botanical Garden. Director's Report pertaining to this matter. Mr. Dabilig stated that the National Tropical Botanical Gardens has been looking to increase the number of visitors to their facility. In order to allow for more comfort,they are proposing two new comfort stations as well as the accompanying septic systems. They are also centralizing operations for grounds maintenance and consolidating their functions. He stated that the application seems consistent with elements of the General Plan, Special Permit and the Use Permit standards. Commissioner Blake stated that it sounds like a major improvement with hardened surfaces. He questioned the drainage. Mr. Dahilig stated that they are looking at the appropriate engineering using impermeable surfaces. He stated that the areas are hardened surfaces and the amount of percolation would be minimal. The upgrading would be to install appropriate detention and percolation systems that tend to mitigate the effects of hardening that create increased runoff. He stated that conditions could be discussed further. Chair Kimura questioned the second comfort station. Mr. Dahilig stated that the first improvement would be for a snack shop and the comfort station would be to provide rest rooms. Mr. Wichman, Director and CEO of National Tropical Botanical Garden thanked the commission for the opportunity to present their vision. He stated that the plan will dramatically improve the nonpoint source pollution that is going into the stream. They are primarily working with the road system that was put in by the plantation. When it rains it turns into muddy rivulets that go into the stream. He stated that the plan would eliminate any sedimentation from the road and path system and would also comply with ADA. He stated that it is a big property, so having restrooms that are accessible and properly spaced allows people to be comfortable. He stated that they received a grant from the National Fish and Wildlife Foundation and they studied the hydrology of the valley and sources of nonpoint source pollution that was used in the planning. He stated that the percentage of improved areas that will have paved surfaces is minimal in comparison to the size of the property. The goal is to keep it a natural area but at the same time it is important to have access. He stated that this is one of the greatest botanical gardens in the world and it is totally underutilized and unrecognized by the community. He stated that they have one of the greatest collections of tropical plants in the world and federally listed endangered species and he felt they need to educate people about sustainability and become more accessible. He stated that they are not planning to clutter it with pavement and signs, but they do need to provide basic infrastructure. Commissioner Blake commented that India wanted breadfruit trees but were afraid of the fruit flies. He noted that NTBG was able to produce 100,000 plants from one square inch. Mr. Wichman stated that the process is called micro propagation in which from a single cell of a plant they have developed the scientific protocols to reproduce them under sterile conditions to be able to send them anywhere in the world. He stated that it started when their scientists assembled the largest collection of breadfruit from over 130 different cultivars from around the world that was assembled to prevent extinction. They discovered that certain cultivars overlapped so that you could have a year long growing season. He said that they realized that breadfruit could potentially solve world hunger in many tropical countries and they have broken though in solving the tissue culture protocols. He stated that they have sent 10,000 plants to Gauna in Africa,Nigeria has ordered 30,000 trees and they are working in Haiti and Jamaica. Chair Kimura questioned the if the Koloa Community is backing the project. Commissioner Blake agreed with Mr. Wichman that the community knows about it and values it, but they don't know that much about the details other than it being a nice place to visit. Mr. Wichman stated that they presented their plans to the Koloa Community Association and got full support. He felt that Commissioner Blake's point is well taken and they have done some informal surveys. He stated that they are most famous for being Allerton Gardens,but the community isn't fully aware of the science and conservation. He felt this is a chance to put McBryde Garden in equal footing as far as notoriety. Chair Kimura questioned if the gardens will be open during construction. Mr. Wichman believes that the construction should be something that is celebrated and interpreted and they have developed a phasing plan. Commissioner Matsumoto questioned if there are different varieties and flavors of breadfruit like there are for mango. Mr. Wichman stated that they are going to do a research project with Kauai Community College. He stated that the different cultivars have different tastes and nutritional analysis, but they can also be eaten at different stages which provide different textures. He stated that they are also on the verge of trying to turn breadfruit into gluten-free flour that can be used in any cuisine. Mr. Dahilig stated that the department has presented a recommendation to approve the application with the eight conditions on file. He noted that the applicant has no objections to the conditions. On the motion by Caven Raco and seconded by Camilla Matsumoto to approve Class IV Zoning Permit Z-IV-2012-20, Use Permit U-2012-16, and Special Use Permit SP- 2012-39, the motion carried by unanimous voice vote. Class IV Zoning Permit Z-IV-2012-19 and Use Permit U-2012-15 =Kevin and Angela Kuzma. Director's Report to this matter.. Ms. Galinato stated that the applicant is proposing to covert a portion of an existing residence into an alternative home school which involves a maximum of 14 children ranging from grades kindergarten to 8th grade. As represented this facility will provide home schooling Monday through Thursday from 8:00 a.m. to 3:00 p.m. and Friday from 8:00 a.m. to 1:00 p.m. There will be no employees. The applicants are both certified elementary school educators. There is adequate room for off street parking. The subject parcel is able to accommodate a total of 6 cars. Student pickups and drop offs will be conducted on site and because it is an alternative school, the times will be staggered throughout the day. She stated that the Kuzma's own the property which is fenced and includes over 1500 square feet of outdoor play. The facility will consist of classrooms utilizing a 700 square foot patio and a 440 square foot teaching room. Certified letters were sent to the 6 adjacent property owners and a petition was submitted in favor with 4 signatures attached to the packets. One letter was received from Kathleen Johnson with a list of concerns that were addressed in a letter also included in the packet. The home that was built in 1971 previously received approval to allow a temporary chiropractic office in 1984. She concluded that based on the foregoing findings and evaluation, through the proper mitigative measures,the proposed use can be considered and it should not have any significant adverse impacts to the environment nor the surrounding neighborhood. Furthermore the proposal is in general compliance with the criteria outlined for granting of a use permit and class 1V zoning permit. Additionally the need for this facility is supported by the Kauai General Plan. Commissioner Blake stated that his understanding was that a home school is where parents elect to keep their children at home to educate them and there are programs for home schools to ensure that the children are advancing as they should in order to be able to graduate from high school. He questioned an alternative home school. Mr. Kuzma stated that they will be home schooling their own children and allowing other parents to pay them to school their children following the same procedures. They meet with Koloa Elementary School to review the curriculum and there is testing a couple of times a year to ensure that the children are keeping up with the standards. Commissioner Blake questioned their familiarity with the international home school that services students from Lihue to the North shore and if they offer a similar program. Mr. Kuzma stated that is an online program and there are several different programs available to parents, but there is also the option for parents to do their own program. He stated that they taught at the Kahili Adventist School for 12 years and have developed an excellent program. He stated that they are taking what they have learned and are combining it into their home school program. Commissioner Texeira questioned their reason for leaving the Kahili Adventist School. Mr. Kuzma stated that they felt a calling 12 years ago to serve at Kahili Adventist School and their plan was to stay indefinitely, but there were many recent challenges to the school. They were dealing with budget issues that limited the staff to one teacher and no support staff. He felt that it became an impossible situation for his family so they decided to leave in April. Commissioner Texeira questioned what would happen after the school reaches its maximum of 14 students and more want to attend. Mr. Kuzma stated that they would have to implement a waiting list and that they are not interested in having a large school. He stated they are able to meet one on one with the small group of students and the 14 student limit is sufficient for a reasonable income. He stated that if at some point there are 15 or 20 children on the waiting list,then they consider looking at purchasing a school property, but it is not their plan at the moment. He stated that the current site is not compatible nor are they interested in a large group of children. Chair Kimura questioned how the neighbors felt about a school on the property. Mr. Kuzma stated that the neighbors were excited. They met with the only neighbor that had concerns that were expressed in the use permit and they addressed those concerns. He stated that they have not heard from her since and noted that she has since moved to Kalaheo and is renting her property. Commissioner Texeira questioned the age range of the students. Mr. Kuzma stated that they have a kindergartener through a 5th grader and they do not plan to enroll past 8th grade. He stated that accreditation is more difficult for high school and it would be difficult for students to get into a good college if they do their own program. He stated that most high school students are in an online program and are pretty independent. Mr. Dahilig stated that the Department is recommending the six conditions for approval (on file) and they are looking at incorporating a 7th condition to include a status report to the Department. He stated that if there are anticipated impacts that go beyond what they are projecting, they may need to consider modifications. Ms. Galinato stated that the wording is: The applicant shall submit a one year status report to the Planning Department and notify and submit the status report to the neighbors within 300 feet of the boundary lines. Mr. Kuzma did not have any objections. Commissioner Raco questioned if the notices are sent to the property owners only or the renters of the property. Mr. Dahilig stated that they currently send it to the physical address but if there is a desire to have the information sent to the landlord,the Department can make adjustments based on the condition to also send it to the landlord as well as the physical address. Commissioner Raco stated that he would like the notice to be sent to the physical address. Mr. Dahilig stated that they can modify the language to include status updates to the physical addresses in the surrounding area. On the motion by Caven Raco and seconded by Camilla Matsumoto to approve Class IV Zoning Permit Z-IV-2012-19, Use Permit U-2012-15, the motion carried by unanimous voice vote. ANNOUNCEMENTS CHANGE IN MEETING LOCATION Chair Kimura announced that the following Planning Commission meeting will be held at 9:00 a.m. or shortly thereafter at the Prince Golf Club House located at 5-3900 Kuhio Highway, Princeville, Hawaii 96722, on Tuesday, July 24, 2012. Commissioner Raco questioned if the location is due to an applicant in that area. Mr. Dahilig stated that there is an applicant in that area. Commissioner Blake questioned how long the current Commissioner vacancy has been ongoing. Mr. Dahilig stated that the position has been vacant since last October. He stated that it is a strain on the Commission and they are constantly trying to push the process along, but no name has been forwarded from the Administration to the Council for approval. Chair Kimura stated that they are searching. ADJOURNMENT The Commission adjourned the meeting at 10.00 a.m. Respectfully submitted by: t uke Nakamatsu, Commission Support Clerk