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HomeMy WebLinkAboutpc 2-12-13 minutes KAUAI PLANNING COMMISSION REGULAR MEETING February 12, 2013 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair Katayama at 9:11 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-213. The following Commissioners were present: Mr. Wayne Katayama Mr. Hartwell Blake Mr. Jan Kimura Ms. Camilla Matsumoto Mr. Caven Raco Mr. Herman Texeira Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Katayama called the meeting to order at 9:11 a.m. ROLL CALL Planning Director Michael Dahilig noted that six commissioners were present. APPROVAL OF AGENDA Mr. Dahilig suggested that the Commission move agenda item 1.1., General Business Matters, immediately following the public hearing and comment and taking executive session items H.1. and 112. during a working lunch. On the motion by Camilla Matsumoto and seconded by Jan Kimura to approve the agenda as modified, the motion carried by unanimous voice vote. MINUTES of the meeting(s) of the Planning Commission Regular Meeting of January 8. 2013 On the motion by Jan Kimura and seconded by Camilla Matsumoto to accept the minutes of the.January 8, 2013 meeting, all were in favor by unanimous voice vote. 1 V:\2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes MAR 122013 RECEIPT OF ITEMS FOR THE RECORD Mr. Dahilig suggested a blanket motion to receive items for the record including addendums circulated as late submittals to the Department. On the motion by Herman Texeira and seconded by Camilla Matsumoto to accept 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-2013-10 Use Permit U-2013-9 and Special Permit SP- 2013-3 to allow a storage operation involving various uses including,construction and stockpile material recycled metals shipping goods and containers and heavy equipment/trailers on property situated immediately west of Puhi Town along the south side of Kaumualii Highway, approx. %z mile west of its intersection with Anonui Street further identified as Tax Map Key 3- 3-002.011 and approx. 8.129 acres in size=Kauai Veteran's Express Company, Ltd. There was no public testimony. On the motion by Jan Kimura and seconded by Camilla Matsumoto to close the agency hearing, the motion carried by unanimous voice vote. Class IV Zoning Permit Z-IV-2013-9 and Use Permit U-2013-8 to allow establishment of a group child care home facility parcel situated along Mamane Street in Kapaa Town, approx. 350 ft mauka of its intersection with Ulu Street further identified as Tax Map Key 4-5- 009.018 and affecting a land area of 7,500 sq. ft. =Laura Check. The Commission received public testimony from Alan Packer. Mr. Packer stated that his office is located at 4575 Mamane Street and there is no cul-de- sac at the end of the road. The proposed day care center would be in the middle and anyone pulling in is going to have to back out and pull back around. There are a lot of senior citizens in the area and a lot of children. It is also an area that floods. During the heavy rains his office was inundated by about 2 feet of water. He did not know if the water is puddling or if the river is backing up when it rains, but when the soil saturates it take about a week before it peres again. There would be an extra load on the ceptic system. There would be traffic hazards and sanitation issues. He noted that the building was built for a home and he was not sure if there was fire protection and other protection for children. He submitted a letter by certified mail and a petition in opposition. He noted the density of the children and that there were no hours established. There was no other testimony. 2 VA2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes On the motion by Jan Kimura and seconded by Caven Raco to close agency hearing, the motion carried by unanimous voice vote. Special Management Area Use Permit SMA(U)-2013-5 to construct a single-family residence on arcel located along the makai side of Hulemalu Road in Niumalu, situated aaiprox 350 ft south of its intersection with Niumalu Road further identified as Tax Map Key 3- 2-002.036 and containing a total land area of 4.38 acres = Christopher White. There was no public testimony. On the motion by Jan Kimura and seconded by Camilla Matsumoto to close the agency hearing, the motion carried by unanimous voice vote. Continued Public Hearing (NONE) New Public Hearing Pursuant to Section 91-3 Hawaii Revised Statutes to consider the adoption of administrative rules under authority of Kauai County Charter Article XIV Section 14.03.E pertaining to the interpretation of Ordinance 894 The proposed adoption will specifically concern building paint colors allowable within the Lihue Town Core Special Planning Areas = County of Kauai. The Commission received public testimony. Dr. Neil Clendeniim stated that he is on the Lihue Tomorrow Committee of the Lihue Business Association, but he was submitting testimony as himself and not on behalf of the organization. He understands why it was written, but worries about how it will be enforced, enacted, and what colors will be allowed. It needs to be given careful consideration. The Ordinance for the Town Core indicates earth tone colors which is pretty broad. He thinks the attempt is to make it more specific, but color is in the eyes of the beholder and many businesses like to have color contrast so they are visible. He did not feel that light green and orange-red go together, but hey contrast and would probably be allowed. I-Ie questioned who would decide on the colors. He hopes that this does not come out as the first thing for the Town Core Plan but that it is rolled out with the Town Core. He noted that there are a lot of issues in the Town Core Ordinance that are good and this is just one part of it. He was neither opposed or in favor. Color is always a problem. Renae Hamilton, Executive Director of the YWCA, stated that at times there are branding colors that a business or national organization would like to adhere to that may not quite fall into earth tone or are a little vibrant earth tone. She did not read in the rules any consideration or mechanism that would be allowed for those situations. She appreciated that there will be some guidelines within the town core. 3 VA2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes On the motion by Jan Kimura and seconded by Camilla Matsumoto to close agency hearing, the motion carried by unanimous voice vote. All Public Testimony Pursuant to HRS 92 There was no other public testimony. On the motion by Camilla Matsumoto and seconded by Jan Kimura to close public testimony, the motion carried by unanimous voice vote. GENERAL BUSINESS MATTERS Planning Director Michael A. Dahilig's Petition to Revoke Applicant Coco Palms Ventures LLC's Permits and Issue an Order to Show Cause Appoint Hearings Officer and Set Hearing. dated 1/29/13 for Special Management Area Use Permit SMA (U)-2005-1, Project Development Use Permit PD-U-2005-4 Use Permit U-2005-6 Variance Permit V-2005-1 and Class IV Zoning Permit Z-IV-2005-5. Deputy County Attorney Mauna Kea Trask stated that he was representing Planning Director Michael A. Dahilig and his petition to revoke applicant Coco Palms Ventures, LLC's permits and issue an order to show cause, appoint a hearings officer, and set a hearing. The Director is asking for the Commission to issue an order to show cause to bring the permittee in to show why the permit shouldn't be revoked. They are not asking for the permit to be revoked today, but to initiate the proceedings whereby the committee will have a due process hearing. The site speaks for itself. Noting has been done since the hurricane. They are asking for the Commission to take the affirmative step and proceed with the process. Commissioner Kimura questioned why the Commission could not revoke the permit today. The applicant has not met with any of the criteria or conditions that were set in 2009. Chair Katayama stated that the agenda item is to appoint a hearings officer to flesh out that issue. Commissioner Kimura would like to save time and money and revoke the permit if possible. Deputy County Attorney Jung stated that it is not possible because there is a due process that has to occur. Once entered in the due process there will be an agency hearing for contested case type scenario where the applicant will raise their points and the Department will raise their points for revocation, amendment, or modification. Evidence can be presented and they will come back with proposed findings of fact and conclusions of law for the Commission to act upon. Commissioner Kimura asked for clarification that the permit has already expired. 4 V:\2013 Master Files\Commissions\Planning\Minutes\2013-2-I2 Planning Commission Minutes Deputy County Attorney Jung stated that is being alleged by the Department, but to flesh it out, the Department will have to prove that it has been expired through a hearing. Commissioner Blake asked for clarification that if the Commission requests a hearings officer, it wouldn't change the zoning of the site. Deputy County Attorney Jung stated that only the County Council can re-zone a property. The Department is asking to look into whether or not they are in compliance with the conditions of the permit entitlement, not the zoning itself. The petition is to revoke the SMA, project development use permit, variance permit, and class IV zoning permit, not the zoning itself. Deputy County Attorney Trask stated that the petition lists five specific actions that the Director praises the Honorable Commission take and no actions beyond those five requests. He read the actions from the petition into the record (on file). He stated that they received a response letter dated February 26, 2013, in the addendum, regarding financing and a Hawaiian group. Commissioner Matsumoto noted that the letter mentioned that they are in the process of negotiating a joint venture. She questioned how that would play into the Commission's decision. Deputy County Attorney Trask stated that the letter is very vague and essentially states that they are not able to obtain financing through traditional financing avenues and are working with an unnamed Hawaiian group. It may be cause to retain the permits, but there is little information contained therein Commissioner Kimura noted that an extension was granted in 2009 for a three year extension and if they could not obtain financing then, he questioned how they would obtain financing now. Deputy County Attorney Trask noted that the only Hawaiian groups that he knows of that could back a project like this would be OHA or Kamehameha Schools. Commissioner Blake questioned if any formal opposition has been filed. Deputy County Attorney Trask stated that to his knowledge only the only response was the letter and whether that constitutes a formal petition, he would say no. Chair Katayama questioned if anyone representing Coco Palms Ventures, LLC wished to testify on the matter. There was no response from the audience. Chair Katayama requested that Deputy County Attorney Jung make a call. Deputy County Attorney Jung made three calls to Phillip Ross with no response. 5 V:\2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes There was no public testimony. On the motion by Herman Texeira and seconded by Jan Kimura to approve Michael A. Dahilig's petition to revoke applicant Coco Palms Ventures, LLC permits and issue and order to show cause and appoint a hearings officer and set hearing date subject to hearings officer's schedule, for Special Management Areas Use Permit SMA(U)-2005-1, Project Development Use Permit PD-U-2005-4, Use Permit U-2005-6,Variance Permit V- 2005-1 and Class IV Zoning Permit Z-IV-2005-5, the motion carried by unanimous voice vote. CONSENT CALENDAR Status Reports Annual Status Report 12/1/11) submitted by Frances Yamada of Wilson Okamoto Corporation Agent for Special Management Area Use Permit SMA(U)-2005-8, Project Development Use Permit PD U-2005-26 Use Permit U-2005-25 and Class IV Zoning Permit Z- IV-2005-30 for Kauai Lagoons LLC& MORI Golf(Kauai) LLC Tax Map Keys 3-5-001:027 (Por.), 168, 69, 171 (Per.), 172 (Por.), 175 and 176. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 2/26/13 Shoreline Setback Activity Determination Shoreline Setback Commission Review SSCR-2013-11 and Shoreline Setback Determination SSD-2013-28 for a shoreline activity determination, Tax Map Key 4-9-014: 003, Moloaa Kauai for acceptance by the Commission=Norman D. Thompson. There was no discussion from the Commission regarding items on the consent calendar. On the motion by Hartwell Blake and seconded by Camilla Matsumoto to accept the consent calendar as presented, the motion carried by unanimous voice vote. COMMUNICATION (Tor Action) (NONE) COMMITTEE REPORTS Subdivision Subdivision Chair Kimura noted that there were three committee members present. 6 V:\2013 Master Files\Cominissions\Planning\Minutes\2013-2-12 Planning Commission Minutes The following tentative Subdivision action was deferred to the next Subdivision Committee meeting, 3-0: 5-2013-09, R3BST, LLC TMK: 4-4-006:002, 012, 013 The following tentative Subdivision action was approved, 3-0: 5-2013-10, Sue Ann Takata, Kenji Yamashiro, Renee Yamashiro, Clayton Yamashiro, TMK: 4-6-004:020, 021, 022 The following final Subdivision actions were approved, 3-0: 5-2009-12, Koloa Early School/Koloa Hongwanji Mission, TMK: 2-8-004:056 5-2012-09, Gail Shimokawa/Lori Shimokawa Caporus/Gordon Kireto, TMK: 1-9- 010:013 The following Subdivision Extension Request was approved, 3-0: 5-2008-04, Niu Pia Land Company, Ltd., TMK: 4-4-002:012, 013, 015, 088 On the motion by Herman Texeira and seconded by Camilla Matsumoto to accept the Subdivision Committee report, the motion carried by unanimous voice vote. UNFINISHED BUSINESS (For Action) Special Management Area Use Permit SMA (U)-2013-3 to construct a new commercial office building and parking for 13 stalls on a parcel situated along Kuhio Highway in Hanalei Town approx. 700 ft east of the Aku Road/Kuhio Highway intersection further identified as Tax Map Key 5-5-010. 079 and containing a total area of approx. 10,977 sq. ft =Halelea Investment Compan,i). Staff Planner Kaaina Hull read the supplemental Director's Report into the record (on file). Understanding that the applicant and members of the community have concerns about the use of street frontage buildings, the Department is discussing additional alternatives with the applicant and recommends that the Commission defer action until February 26, 2013. Lorna Nishimitsu representing the applicant stated that her understanding was that Keooa Sheehan has no quarrel by the deferral proposed by the Department to the second meeting in February to allow more time to consider the location of the structure. She is attempting to set a meeting with the Planning Department on the matter. There was no public testimony. 7 V92013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes On the motion by Jan Kimura and seconded by Camilla Matsumoto to defer action, the motion carried by unanimous voice vote. Presentation of 2013/14 —2018-2019 Six-Year Capital Improvements Program Report and review of its consistency with the General Plan= County of Kauai. Mr. Dahilig noted this item was deferred from the last meeting. Staff Planner Marie Williams stated that this item was deferred to allow the Commission more time to read the report in more detail. She noted one change to the Lihue Bypass project that was inadvertently left out. Because it was a huge project, it changed the summary portion of the report. It was one of the few road projects that is specifically recommended in the General Plan. She introduced Keith Suga,the County Capital Improvement Program Manager. Commissioner Texeira questioned the prioritization process as it relates to the different departments. He questioned if some departments are more involved in the process. Mr. Suga stated that a lot of the prioritization came from the individual departments and divisions. They want to have a more structured prioritization so it can be consistent across the board. Commissioner Texeim noted that the Planning Department has a need to expand their facilities and is listed as number two. He questioned if the other departments are allowed to make recommendations to revise the priorities in the case of buildings. He felt the construction of the Planning facility should be number one priority. Mr. Suga stated that the departments are allowed to provide their input and as they assemble the information have the opportunity to revise the order. Dollar amounts are a factor. Commissioner Texeira questioned why the Planning Commission was not asked at an earlier stage to provide input instead of looking at a completed document. The Council has stated that the Planning Commission is a key element to the process. He questioned why they could not be involved in the process at an earlier stage rather than at the end. Mr. Dahilig stated that before they initiate the call for the projects,they touch bases with the Commission and lay out the timeline process before they actually come back to the Commission with an actual report. If the Commission would like to be more intimately involved in the call for projects and the determinations on how the projects are reviewed and evaluated for consistency with the General Plan,they can have discussions on how to create a more robust process with that type of valuation. If the Commission would like to have a committee or individual commissioners be more involved in making that consistency determination ahead of the actual report crafting,they can have that discussion for subsequent processes. They always begin by informing the Commission that they are starting the process and what the timelines are going to be. 8 VA2013 Master Piles\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes Ms. Williams stated that the Commission does have a first stab at looking at future CIP projects in the long range because the Development Plans and the special area plans like the Town Core Plan pass through the Commission first and contain CIP recommendations over the planning horizon. In the town core there is a 20 year framework for capital projects. The Commission approves and recommends and then it goes to Council. Commissioner Texeira questioned whether the Commission should consider being more involved in the process at an earlier stage. Chair Katayama felt that it was a fair request and something they should discuss. His comment was that it was a good job and well done. It is very informative and has gotten exponentially better from the first presentation. He questioned the Water Board's capital expenditure. They have addressed traffic,public safety, and land components,but the other critical and high cost issue is water capacity. On the motion by Camilla Matsumoto and seconded by Herman Texeira to approve submittal of version 2 of the six year CIP report to the County Council as part of the Mayor's financial year 2013/14 budget submittal,the motion carried by unanimous voice vote. NEW BUSINESS (For Action) Class IV Zonia� Permit Z-IV-2013-10 Use Permit U-2013-9 and Special Permit SP- 2013-3 to allow a storage operation involving various uses including construction and stockpile material recycled metals shipping goods and containers and heavy equipment/trailers on Property situated immediately west of Puhi Town along the south side of Kaumualu Highway, aprox '/z mile west of its intersection with Anonui Street further identified as Tax Map Key 3- 3-002.011 and approx. 8.129 acres in size =Kaua'i Veteran's Express Company, Ltd. Staff Planner Dale Cua read the Director's report into the record(on file). Commissioner Texeira questioned if the footprint has changed over the years. Mr. Cua noted that there were additions to the facility over time,but the main warehouse buildings have remained the same. Commissioner Texeira asked for clarification that it was grandfathered, but has maintained agricultural designation even though it has not been used for agriculture in over 50 years. Commissioner Kimura questioned if there were reports of any violations on the property. Mr. Dahilig stated that his understanding was that there had been citations issued by the Department of Health concerning certain activities on the property. 9 VA2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes Commissioner Kimura requested the information on the citations. Lorna Nishimitsu representing Kauai Veterans Express stated that President Stan Morinaka and Haku Rivera were available to answer questions. She noted that the Department of Health citations were not issued to Kauai Veterans. When they were in the process of purchasing the property, a phase 1 environmental assessment had to be done and whatever was discovered was required to be cleaned up. The Department of Health was satisfied with the efforts of the cleanup and allowed her client to proceed with closing on the property. They also wanted an oil water separator installed which Kauai Veterans has installed. After the initial rounds of permits were issued, Kauai Veterans was doing fairly well, but then business fell and a lot of drivers had to be laid off. Contractors approached Kauai Veterans requesting storage of materials. They are requesting reestablishment of the number of employees that were employed during the first round of permits and allow the business continue at the level of existence, subject to reasonable conditions imposed by the Commission and various agencies. They are aware that they still have to deal with certain agencies. Commissioner Kimura questioned the current operations. Ms. Nishimitsu stated that they don't have other contractor's materials stored,but they are running their operation;pickup and delivery from wherever the materials are stored. They stored materials for a contractor at one time for a job site where the contractor could not find a storage site within budget. They are not currently doing that for the contractors, but they are requesting that they be allowed to be engaged in that business. The vehicles will still be pickup and delivery. Other people will not be driving onto the site to pick up their own materials. Commissioner Kimura asked for clarification that currently the business is pickup and delivery. He questioned how long they have been on the property. Steven Rivera stated that they have been on the property since July 2008. Commissioner Kimura asked for clarification that there have been no violations on the property since they took over. Mr. Rivera stated that they have not had to pay any fines. Commissioner Kimura stated that he would still like to see the report. Regarding the on- site storage, he noted the existing trailers that are next to the highway. He questioned if they can be parked on site only and not where they can be seen from the highway. Mr. Rivera stated that they can work with that,but it is part of their request. It is part of the property. 10 V:\2013 Master Files\Commissions\Planning\Minutcs\2013-2-12 Planning Commission Minutes Commissioner Kimura stated that he had difficulty with the traffic report stating that there would be no impact to the traffic. He referenced a traffic incident with one of their trucks that he was involved in and noted that there is no turn or acceleration lane. He felt it is a dangerous area and questioned what can be done. Mr. Dabilig stated that the Department relies on the professional expertise of the other agencies. Although there seems to be a concern about the determination by the Department of Transportation as well as the professional engineer that the increase of traffic will be de minimis, that is their professional opinion. If the Commission is concerned about the real time traffic impact and whether the TIAR is accurate, it is within the purview of the Commission to recommend as part of the conditions that the issue be revisited at some point in the future. At this point,the Department doesn't feel comfortable recommending conditions that would be contrary to the recommendations of the professional agencies and engineers. If the Commission would like the opportunity to revisit whether they are accurate or inaccurate, it would be in the purview. Commissioner Kimura stated that he is not a professional but he was involved in an accident that was not his fault. Mr. Rivera noted that the driveway is shared with Kauai Nursery and that drivers on Kauai often stop to allow the trucks to pull out, but then there are cars in the back. Commissioner Raco questioned the other access that was used in the past. Mr. Rivera stated that he believes the DOT required it to be closed. Commmissioner Raco questioned if the applicant would be making a presentation. Ms.Nishimitsu stated that she does not have any PowerPoint presentations or maps prepared. She was available for any questions regarding anything that Commissioners felt was lacking within the application. When they did a pre-submittal,they looked at it as an amendment to the existing permits,but upon initial review the Department felt it should be a new application. She noted that the plot plans, etc., have not changed. They submitted an application for new permits instead of seeking expansion of the existing permits. Commissioner Texeira asked for clarification that they are basing their expansion on other companies requesting storage possibilities. Mr. Rivera stated that they do freight and construction material hauling. They pick up supplies from Young Brothers and deliver them to construction sites. Commissioner Texeira asked for clarification that there is a demand for expansion and they are providing a cost savings to the companies because they are centrally located. I-Ie questioned if they will be expanding the footprint of the property. 11 V:\2013 Master Piles\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes r Mr. Rivera noted that the buildings would be the same. The expansion would be for the parking stalls on the gravel area. Commissioner Raco questioned the mitigations that would happen in regards to protecting the stream that is next to the site. Ms. Nishimitsu stated that everything except for boulders would be inside the buildings which are where the trailers and trucks are being parked now. They are slabbed facilities so according to the consultation with Public Works,they wouldn't need a stockpiling permit because there is no runoff that would be taking dirt into the stream area. Their only request for stockpiling outside would be for unerushed boulders that do not create risk of oil or other contaminants into the stream. Commissioner Raco noted that the rocks,dirt, aggregate and sand on the application does not specify under cover. Ms. Nishimitsu noted that item 3.c. on page 3 indicates stockpiling,under cover, of crushed rocks, dirt and sand. She stated that perhaps she should have clarified within a building or confines of a building. Commissioner Raco questioned the metal products for demolition. Mr. Rivera stated that job sites have extra rebars or tin roofing, but there would be no cars or tires; basically construction materials. Commissioner Kimura questioned the size of the property and how much is covered. Mr. Rivera stated that it is a little over 8 acres. Ms. Nishimitsu stated that exhibit B is the plot plan that shows the confines of the property and the improvements,but they didn't ask the surveyor to include the square footage of each structure. Mr. Rivera estimated maybe 2.5 acres or less. Commissioner Kimura questioned the containers. Mr. Rivera stated that the containers are from the equipment they pick up from Young Brothers and are returned the next day. It is their base yard that they want to expand to hold other construction pallets and containers. 12 VA2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes Commissioner Kimura noted there are seven buildings and questioned the parking of the trucks and materials that are not under cover. Mr. Rivera stated that they are asking to park their trucks along the edge of the property. Commissioner Kimura questioned if it can be seen from the highway. Mr. Rivera stated that the only thing you can see from the highway is the roof of the office and less than a quarter of an acre. Commissioner Kimura questioned the possibility that no vehicles or containers shall be seen from the highway. Mr. Rivera stated that would be impossible. Chair Katayama stated that they will take public testimony, and then have discussion on how to proceed with any changes to the conditions or anything they would like to impose. Commissioner Raeo stated that they sometimes have containers along the highway and staff parking. I-Te questioned how long the containers are kept. Mr. Rivera stated that they return the containers the next day. It would be the overflow. At times Young Brothers closes early or Matson closes on half a day on Wednesdays. They return the containers the next morning. Commissioner Raco clarified that the containers would be there less than 24 hours and is only overflow. Mr. Rivera noted that employees would park there all day and leave at the end. Commissioner Kimura stated that he was concerned about the containers more than the employee cars. Mr. Rivera noted that by lunch hour all of the containers are gone. There was no public testimony. Mr. Cua stated that the Department is suggesting deferring action on this application to address Commissioner Kimura's concern regarding previous citations. 13 V A2013 Master Files\Commissions\Planning\Minutcs\2013-2-12 Planning Commission Minutes Commissioner Raco stated that his concerns would be traffic ingress and egress into the site, and how it would be mitigated with the four lane highway expansion. He questioned who would pay for improvements to the shared access if the majority is from Kauai Veteran's Express. His other concern is runoff to the stream and whether there could be any kind of crafted condition should the applicant want to store other kinds of materials to allow a catch basin or help the applicant to mitigate measures in case those uses come up in the future. Chair Katayama stated that there are sufficient and substantive issues for the planner to consider and report back to the Commission. He felt that potential improvement of access to the property should be identified. The Commission was initially contemplating the mitigation in the future and any liability to the third party should be identified. Mr. Dahilig stated that a two week deferral would be appropriate to obtain the materials that have been requested as well as possibly crafting additional conditions based on comments made by the Commissioners and to confer with the applicant's representative of the palatability of the proposed conditions. Commissioner Texeira questioned if the applicant would be okay with a deferral and if it would hold up the operation. Ms.Nishimitsu stated that he applicant is okay with a two week deferral. When the staff considers who should bear the cost of infrastructure to a State Highway, she wonders if the County should be taxed since they have elected to bring their trailers into the nursery site for their green waste projects. Some of the rigs are not necessarily her client's or Kauai Nursery and appear to be from the Solid Waste Division. Deputy County Attorney Jung stated that he did not feel that it was within the purview of the Commission to look at those kinds of issues, but he will research them so they can have better guidance. Mr. Dahilig noted that they received additional testimony from Shioi Construction that was not referenced earlier in the public testimony. On the motion by Jan Kimura and seconded by Camilla Matsumoto to defer the item to February 26,2012, the motion carried by unanimous voice vote. Class IV Zoning Permit Z-IV-2013-9 and Use Permit U-2013-8 to allow establishment of a group child care home facile on a parcel situated along Mamane Street in Kapaa Town, approx. 350 ft mauka of its intersection with Ulu Street further identified as Tax Map Key 4-5- 009 018 and affecting a land area of 7,500 sq. ft. =Laura Check Staff planner Jody Galinato stated that in light of the supplement that was provided on the agency recommendations and the neighborhood concerns,the applicant is requesting a deferral until March 12,2012. 14 W2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes The applicant, Laura Check, stated that they would like to request a deferral to address some of the neighbors' concerns and some of the comments and concerns on the Department of Water. Mr. Dahilig confirmed with the applicant that they are willing to waive the period between today and March 12 as part of the mandatory action deadlines. On the motion by Herman Texeira and seconded by Camilla Matsumoto to defer to March 12,2012, the motion carried by unanimous voice vote. Special Management Area Use Permit SMA(U)-2013-5 to construct a single-family residence on arcel located along the makai side of Hulemalu Road in Niumalu, situated approx. 350 ft south of its intersection with Niumalu Road, further identified as Tax Map Key 3- 2-002.036 and containing a total land area of 4.38 acres = Christopher White. Ms. Galinato stated that this is before the Commission due to the fact that construction of the second residence on the lot of record constitutes development. She read the Director's report into the record(on file). Commissioner Texeira asked for clarification that it is part of a subdivision. Ms. Galinato stated that phase 1 of the subdivision has been recorded and phase 2 has not been recorded yet. Commissioner Texeira questioned the number of lots. Ms. Galinato believes that it was eight lots,with five in phase 1. Christopher White,the applicant, stated that he had no comments on the staff report. Commissioner Texeira questioned the number of lots. Mr. White stated that their original intent was for eight lots. There was inadequate water source so they waited until a water meter was available. Commissioner Texeira questioned why phase 2 was not applied. Mr. White stated that there was inadequate source and supply for water. 15 V:\2013 Master Piles\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes Commissioner Texeira questioned the interconnection between phase 1 and phase 2. Mr. White stated that phase 2 would be allowed upon adequate source and supply and they haven't pursued it. Chair Katayama questioned if this would be for owner occupancy or resale. Mr. White indicated that it would be for owner occupancy. Commissioner Texeira questioned the septic system and water table. Mr. White stated that the septic system is drawn and approved by the Department of Health. Ms. Galinato stated that the applicant has received the final conditions that she read into the record(on file). Mr. White indicated that he has read and agrees to the conditions. On the motion by Jan Kimura and seconded by Camilla Matsumoto to approve SMA (II)-2013-5 subject to the read conditions, the motion carried by unanimous voice vote. Pursuant to Section 91-3 Hawaii Revised Statutes to consider the adoption of administrative rules under authority of Kauai County Charter Article XIV Section 14.03.E pertaining to the interpretation of Ordinance 894 The proposed adoption will specifically concern building paint colors allowable within the Zihue Town Core Special Planning Areas= County ofKauai Mr. Dahilig noted that per State law, they are still waiting for the Small Business Regulatory Review Board to convene and review the rules. They have deferred two meetings already due to quorum issues. He requested that the Commission defer the matter until such time as the Review Board has been able to levy a review on the proposed rules. Commissioner Kimura suggested waiting on the staff presentation. On the motion by Caven Raco and seconded by Jan Kimura to defer this agenda item, the motion carried by unanimous vote. 16 VA2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes Mr. Dahilig noted that there were no more public actions required on the agenda. He suggested that the Commission make a motion to go into executive session with an adjournment of the public meeting immediately upon adjournment of the executive session. Chair Katayama requested the announcements be read into the record. ANNOUCEMENTS Mr. Dahilig announced that the next 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, 4444 Rice Street, Lihue, Kauai, Hawaii 96766, on Tuesday, February 26, 2013. EXECUTIVE SESSION Deputy County Attorney Jung stated that there were two executive session items: Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), and Kauai County Charter Section 3.07Q, the Office of the County Attorney quested an executive session with the Planning Commission to discuss the settlement of the Fifth Circuit Civil No. 10-1-0026, R3BST LLC vs Planning Commission of the County of Kauai and County of Kauai, Tax Map Key 4-4-006.002 012 013 Kapaa Homesteads Kauai=R3BST LLC and related matters This briefing and consultation involved the consideration of the powers, duties, privileges, immunities and/or liabilities of the Planning Commission as they relate to this agenda item. Pursuant to Hawaii Revised Statutes Sections 92-5(a) (2 and 4) the purpose of this executive session was to discuss matters pertaining to the evaluation of the Planning Director. This session pertains to the Planning Director's evaluation where consideration of matters affecting privacy will be involved Further, to consult with legal counsel regarding powers, duties privileges and/or liabilities of the Planning Commission as it relates to the evaluation of the Planning Director. On the motion by Camilla Matsumoto and seconded by Jan Kimura to move into executive session on the two items and adjourn the public session at the conclusion of the executive session, the motion carried by unanimous voice vote. The Commission moved into executive session. 17 V:\2013 Master Files\Commissions\Planning\Minutes\2013-2-12 Planning Commission Minutes ADJOURNMENT Chair Katayama adjourned the meeting at the close of executive session at 1:35 p.m. Respectfully submitted by: Du e Nakam tsu, Commission Support Clerk 18 V:\2013 Master Files\Commissions\Planning\Minutcs\2013-2-12 Planning Commission Minutes