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HomeMy WebLinkAboutfeb62014 KAUAI COUNTY HISTORIC PRESERVATION REVIEW COMMISSION Lihue Civic Center, Mo' ikeha Building, Meeting Room 2A/2B MINUTES A regular meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on February 6, 2014 in the Lihu ` e Civic Center, Mo ' ikeha Building, Meeting Room 2A/2B . The following Commissioners were present : Danita Aiu, Chairperson, Stephen Long, Vice Chairperson , Althea Arinaga, Jane Gray, Kuuleialoha Santos, Patsy Sheehan, Anne Schneider The following Coirimissioner(s) were absent: Pat Griffin The following staff members were present: Planning Department —Myles Hironaka, Ka' aina Hull, Shanlee Jimenez; Office of Boards and Commissions — Cherisse Zaima; Deputy County Attorney Tan .lung CALL TO ORDER The meeting was called to order at 3 :01 p .m . APPROVAL OF THE AGENDA On the motion by Patsy Sheehan and seconded by Althea Arinaga to approve the agenda, the motion carried by unanimous voice vote. APPROVAL OF THE MINUTES The Minutes of the December 5, 2013 meeting were approved as circulated. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS Selection of 2014 Chairperson and Vice Chairperson The following nominations for the position of Chairperson were made: Stephen Long, nominated by Anne Schneider Pat Griffin, nominated by Stephen Long On the motion by Jane Gray and seconded by Althea Arinaga to close nominations, the motion carried by unanimous voice vote. February 6, 2614 K.H.P.R .C. Meeting Minutes Page 2 The vote to appoint Pat Griffin to the position of Chairperson failed by roll call vote: 4 No ; 2 Aye; 1 Abstain The vote to appoint Stephen Long to the position of Chairperson carried by roll call vote: 6 Aye; 1 Abstain (The meeting resumed with Stephen Long as Chairperson) The following nomination for the position of Vice Chair was made: Pat Griffin, nominated by Danita Aiu On the motion by Danita Ain and seconded by Patsy Sheehan to close nominations , the motion carried by unanimous voice vote. The vote to appoint Pat Griffin for the position of Vice Chairperson carried by unanimous roll call vote. Mr. Hironaka announced that the Hawaii Historic Foundation will be holding a basic historic preservation workshop next month with a target date of March 15 . This workshop is in response to a request by the Department of Land and Natural Resources State Historic Preservation Division. The department will provide additional information once the flyer is received, and will try to cover the cost of registration for any Commission members wishing to attend . The location has not been finalized yet, though it will be somewhere in Lihu` e and will likely be held in the morning. Reappointment of Commission Appointed Commissioner Patricia Griffin On the motion by Danita Ain and seconded by Patsy Sheehan for the reappointment of Commissioner Patricia Griffin , the motion carried by unanimous voice vote. COMMUNICATIONS There were no communications. UNFINISHED BUSINESS Certified Local Government (CLG) Status There was no CLG status update. February 6, 2014 K.Ti. P.R.C. Meeting Minutes Page 3 Ms . Sheehan stated that at the last meeting, which was held in December, she and Pat Griffin requested a letter of invitation be sent to the new Administrator of the State Historic Preservation Division . (Alan Downer) Mr. Hironaka replied that he had made contact with the staff but did not speak with the Administrator directly; the Department will send a letter of invitation to Mr. Downer. NEW BUSINESS Planning Department Comment Request for Zoning Amendment ZA-2014-2, a proposed draft bill to amend Chapter 8 (Comprehensive Zoning Ordinance) of the Kauai County Code (K C C ,) , 1987 (as amended) to require street frontage design standards and reduced parking requirements for commercial developments . Mr. Hull stated that in November, this zoning amendment was presented to the Commission; it is currently at the Planning Commission, and the Department is hoping to move it forward to County Council for their review and action. Mr. Hull stated the Department is requesting a letter of support in which concerns, if any, specifically regarding historical issues of the proposed ordinance could be included. He reminded the Commission .that the proposed ordinance is to require commercially zoned lands to have street frontage for their buildings . There were many issues leading to the Department' s proposal, and the reason it is before this Commission is primarily to ensure the historical continuity of development in our town cores. Over the past several years, they have seen an erasure of that. Mr. Hull distributed design plans that establish street frontage elements, noting that many of these plans, including the General Plan, recommend street frontage in order to preserve historical continuity. However, in reviewing the codes, the only area that requirement has been established is within the Special Planning Area A of Kapa` a, which requires street frontage as recommended by the Kapa` a/Wailua Development Plan; this has created what is arguably some of the most economic vibrancy. The request for the zoning amendment is to allow for that type of development to continue. Ms . Schneider commented that it is great that the Department is taking these steps, but noted that certain towns are different than others. She stated that Hanalei is very different from Kapa` a, and if buildings there were constructed to the same standard , it would completely change the existing design; the only street frontage is the old Ching Young store. She strongly feels it needs to be addressed town by town as each town has its own flavor. Mr. Hull stated Hanalei Town in particular has been looked at, and as much of the commercial development has already occurred, the bill would not mandate many buildings being brought up to the lot line. Should the amendment pass, it will allow property owners of existing buildings to build up to the lot line if they wish to do so . However, it. will not outright mandate it. Ms. Schneider asked in the event of a hurricane, and an existing building is destroyed, will they have to revert to the new standard? Mr. Hull replied he cannot say what the Council or February 6, 2014 K.H.P.R.C. Meeting Minutes Page 4 the Administration would require, but based on historical context such as the Iniki Ordinance, it is fairly common in municipalities to enact such legislation after that type of event. Ms . Schneider expressed concern that there is no municipal parking in any of these towns, and that the parking standard will be disregarded . Mr. Hull stated the Department is currently in discussion with Public Works regarding the provision of public parking in each town core area, and feels that issue will come to a head at the Council level should the bill get that far; they will be looking to Public Works for the parking standards. Ms . Schneider commented being a retailer on Kauai for the past 20 years has given her insight on the number of daily patrons that is required to keep a retail store viable; that cannot be done if there is no parking, Mr. Hull clarified the bill is not disallowing parking spaces, it is simply stating that the parking needs of the business is up to the proprietor to determine. He explained that this parking standard would remedy such situations that have occurred in the past where a business in a historical building, unable to be grandfathered in to non-conforming status, could not operate at all , their only option being to tear down the historical building, and build a new one further back to allow for the parking requirements. Ms . Sheehan asked for clarification on the section that states easements shall be required and granted in favor of*the County over private property where necessary to maintain consistent streetscape. The County shall be responsible for installation and maintenance of the sidewalks and tree wells provided within the right-of-way easements. Mr. Hull explained in some areas, the County does not have much right-of-way on the street itself, and this states an easement shall be established on the private property for a sidewalk, if needed. Though it is on the private owner' s lot, the County will still maintain the sidewalk as well as any other improvements that may be included; the end goal is to have a public thoroughfare for continuous transit between shops . Ms. Sheehan referenced many rural areas such as Oma` o , asking if someone were to put a little store there, why would the County require a sidewalk that leads to a road with nothing on the other side; that takes away the green, and isn't going anywhere. She expressed concern that the language does not allow for the diversity of some of the small places that exist on Kauai. Mr. Hull explained that commercial uses are often approved in both rural and agriculturally zoned areas, but the ordinance focuses on commercially zoned areas, which are all located within the State Land Use Urban district; primarily the urban town core areas . He noted that even within those areas, there is not always a continuous sidewalk to which Ms . Santos commented Hanapepe Town is a good example of that, and noted during Art Night events, the vendors take up the sidewalks leaving no area to walk. Mr. Hull stated that type of language can be established, and explained that issue was recently encountered in a subdivision ordinance. That subdivision ordinance was ultimately amended to require sidewalks in high density subdivisions to facilitate pedestrian traffic; however, in some cases where the sidewalk would not connect to anything, the developer can pay an in lieu fee to a sidewalk fund that is held by the County until such time the entire sidewalk is put in. Something like that can be worked into this proposed ordinance . February 6. 2014 K.H.P.R.C. Meeting Minutes Page 5 Ms . Sheehan gave the example of Wainiha Town Core, which is really just one shop that is in a historic building that in the event of expansion would have to be brought to code; this would take away its character. Mr. Hull stated Wainiha would not necessarily need it because the sidewalk wouldn 't be connecting to anything, also noting that the Wainiha shopping complex isn 't zoned commercial; the business has a use permit. However, even if it were zoned commercial, the in lieu fee could be collected in place of putting in a sidewalk. Ms. Sheehan stated her concern that once it' s paved over, the charm is lost, and it would be difficult to maintain the historic character. Mr. Hull stated the Department is looking at the rapid expansion of commercial uses in the rural outlying areas, and the end goal of this ordinance is to try and redirect that economic activity back to commercially zoned areas. Requiring models to stimulate economic activity, as well as overall commercial use, is necessary for the economic vibrancy needed in these town core areas . Ms . Schneider asked whether the spillover out of the town core areas is due to the high cost of commercial rent. Mr. Hull replied possibly, but noted that his understanding is that when a commercial use is taking place in a rural area, the taxes are still at a commercial rate. Ms. Schneider stated however, other rental expenses do not exist for a business outside of the town core . Mr. Jung explained within the standard grants of easements the County does accept the liability and indemnity from the landowner when easements are created because it is the County' s activities that are being allowed pursuant to the County' s interest in the property. Ms . Sheehan stated that if a commercial land owner is interested in building something, a 10 foot dedication of land is required by the State Department of Transportation for road widening, as well as an additional land dedication to the County for the sidewalk. Mr. Tung replied DOT will usually only ask for an expanded right-of-way if they have current plans, therefore, he does not think they would ask for greater right-of-way in places like Hanalei. She asked if the right-of-way required by the DOT is inclusive of the County' s right-of-way. Mr. Hull stated the DOT does not require an additional right-of-way. For properties along the highway wanting access to the highway, the DOT' s standard is to reduce as many driveways as possible. Current development having parking in the front establishes access to each of those individual businesses . When parking is pushed to the rear of a business, store owners often want to acquire as much street frontage as possible. Therefore, agreements are made among individual store owners, who then pay in to share access from one particular property, which feeds into to the parking areas for several different store owners. Ms . Aiu asked to clarify whether the intent is to remove street parking in Kapa` a Town to which Mr. Hull replied no. The ordinance has nothing to do with on-street parking, but rather places the requirement on owners to provide parking. They are recommending to remove the minimum requirement, however, the owner is still free to provide as much parking as they want; it is up to the proprietor to determine parking demands relative to their use. In response to Ms. A.iu, Mr. Hull explained for existing operations and structures, the infill development addresses parking lots where store owners feel that much parking is not February 6, 2014 K.H.P.R.C. Meeting Minutes Page 6 needed. If a proprietor has a shop that uses all of their front parking, they will likely not want to replace that with store frontage because it would inexplicably reduce the amount of clientele they have. However, if they feel they can fit another building there and still meet their parking demands, they have the option to do so; brand new developments on vacant lots will be required to build up front. Ms . Aiu stated when working on the special plan design for Kapa`a town, they stopped at the canal ; Small Town Cafe was the last place they considered. She asked if that special plan design has been reviewed and considered by the Department to which Mr. Hull replied yes . in response to Ms. Aiu ' s question on what area would be designated at the Kapa` a Town Core, Mr. Hull replied that he will need to check where the special planning area ends, but it will primarily be the commercial zone. Mr. Hull clarified that the ordinance does not require the building itself to occupy the street frontage. There is the option of having park space areas with greenery to buffer store operations from the roadside; the main intent is to move the parking area from the front. Ms. Sheehan referenced the Kapa` a corridor from the Chevron station past the All Saint' s Episcopal Church, noting there are residences to the right, some of which have become commercial . Mr. Hull explained those are primarily through use permits, and are not commercially zoned; the ordinance would not apply to them. Ms. Sheehan asked if the pictures provided were developments currently happening to which Mr. Hull replied no, explaining that they were just design plans for each area. Ms. Schneider asked whether having building color requirements would be homogenous. Mr. Hull stated it is an element that could be incorporated, and has been incorporated in the Lihu` e Town Core Plan. If that is something the Commission wants to include in their letter, the Department would be open to it. Mr. Long asked whether it was being suggested there be design guidelines developed, or whether there be a design review process. Mr. Hull replied the design review process can be incorporated, but noted that each town is unique and would not suggest a design criteria be established in the ordinance itself. It can be reworked in some of the individual development plan updates to be applicable to the specific town areas. Mr. Long agreed that incorporating design guidelines would be difficult considering the diverse communities on the island, but he is in favor of some kind of design review process, and asked how that would be structured. Mr. Hull stated he would not recommend it be applicable to this particular commission to review due to the myriad of properties to review, as well as any related improvements , which would only hinder what this body is intended to do. However, anything affecting a structure over fifty years old would definitely be presented to this Commission for review. Mr. Jung pointed out that the recommendation the Department is asking for in this particular zoning amendment is to narrow the historical context. If it came down to issues of color palettes/schemes for certain areas, the Department would have to implement rules; the Commission could be a part of the rule making procedure in providing comments prior to the February 6, 2014 K.H.P.R,C. Mecting Minutes Page 7 rules being reviewed by the Small Business Review Committee. However, when taking action within recommendations for certain projects, it would only be for structures 50 years and older. Ms . Aiu noted in working on the Kapa` a Town Plan, they did include paint color; however, the buildings in that town core area have been painted a variety of colors . Mr. Hull. stated the ordinance is developed based on the plan, and while the color issue was a recommendation within the Kapa` a town plan, it was not incorporated into the ordinance . However, the LThu' e Town Plan has adopted certain color schemes , though they are vague. Mr. Jung explained the distinction between the LThu' e Town Core Plan and the East Kauai Plan is the LThu ' e Town Core Plan was actually codified into code, and has built-in regulatory controls. Because of the vagueness of the language in the LThu' e Town Core Plan relative to color, the Department came up with a specific color palette that business owners could choose from ; anything outside that palette would go through a review process within the Planning Department. In response to Ms . Aiu, Mr. Hull stated the color issue is not intended to be part of the ordinance, but will generally come with the development plans . Ms. Schneider asked whether building materials were being restricted to which Mr. Hull replied no, explaining that because that would be relative to the character or each town, that level of design principles would be established in the design plans. Ms. Santos asked for clarification that this Commission wouldn ' t review it unless it involved a historic property or registered historical district to which Mr. Hull replied yes . Mr. Jung added the request for street frontage is an attempt to capture the old, western fagade, to bring everything up front and encourage town vibrancy like they had in the old days . Mr. Hull acknowledged there are many concerns, and stated the Department is actively working with Public Works, and State DOT, and have plans to discuss it with the Chamber of Commerce. They are seeking input from each respective area, and are actively seeking that input prior to presenting this to Council . They are before this body to see the historical aspects, and hopefully obtain a letter of support, or recommendation on how to maintain the historical continuity. Ms . Aiu stated she does not feel planting trees was part of the old landscape, and would not have a problem if they did not include trees in the design plan. Mr. Hull stated they understand the historic aspect, and will take that into consideration ; however, it is not just a historic ordinance. The primary intent of the bill is to redirect commercial development to the town core areas, and foster economic vibrancy as well as community vibrancy. Architecturally, they have seen that one of the key components is shade and greenery, which is essentially the reason for inclusion of trees . Ms. Aiu commented that the First Saturday event in Kapa' a Town is extremely busy, noting that perhaps it isn't about the buildings, but rather the programs. February b; 2014 K.B.P.R.C. Meeting Minutes Page 8 Ms . Sheehan commented that a lot of the parcels in rural areas are not very big, and if they already have green on them, it seems not worth the effort to require a building to be up front, which would require removal of existing 40-year-old trees to put in a sidewalk, and then put in another tree later. Ms . Sheehan requested clarification on the statement Front yard: Buildings shall be built up to the 10 foot build-to line of the edge of'a curb or boundary of'a private or public street.. Mr. Hull explained the build-to line is for the curb on streets that already have an existing sidewalk, which would be a County easement sidewalk in that case . That would allow them to go within 10 feet of what is already the County property. In cases where there is no County easement, and no sidewalk, it allows you to build a much larger footprint; however the County would need 10 feet of the frontage for sidewalk. Under the current code, there is already a 10 foot setback that cannot be built on anyway; the 10 feet is well within the ADA requirements . Mr. Hull stated if the Commission wishes to remain silent on this issue, they can do so . However, if there are specific things that can be answered, the Department can come back with it. He noted there has been much discussion on zoning policies and principles, and encouraged the Commission to look at the intent of their questions, and consider whether or not this is a good bill for the historic side of development. If there are concerns that need to be addressed to better incorporate the historical aspects of commercial development, the Department would like that input as well . Ms . Schneider asked if the Department could address this on a town by town approach to which Mr. Hull replied it can be looked at that way, and would be addressed through each town ' s development plan. Ms . Aiu stated she does not think the Commission is against it, but they are still a bit unsure. She suggested the letter be worded to say they would like the character of each town to be taken into consideration. The Commission agreed that the letter could say they accept the concept, but want to ensure that each town is addressed individually for historical context, and diversity. Ms. Aiu suggested the letter not go out until a draft can be reviewed by the Commission at the next meeting to which the Commission agreed. Mr. Long added that would give them another month to digest the amendment, give it additional consideration, and come back with more specific questions . On the motion by Danita Ain and seconded by Patsy Sheehan to draft a letter in support of the concept of the zoning amendment with the assurance that each town is handled as an individual entity, and that the ordinance will consider the unique character of each town, the motion carried by unanimous voice vote. SELECTION OF MEETING DATE AND AGENDA TOPICS The next meeting is scheduled on March 6, 2014 . February 6, 2014 K.H.P.R.C. Meeting Minutes Page 9 ADJOURNMENT The meeting was adjourned at 4 :25 p .m. Respectfully Submitted, Cherisse Zaima Commission Support Clerk Date :