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HomeMy WebLinkAbout08/14/2013 Public Hearing Transcript re: BILL#2493 h !' PUBLIC HEARING AUGUST 14, 2013 A public hearing of the Council of the County of Kaua`i was called to order by Mel Rapozo, Chair, Environmental Services / Public Safety / Community Assistance Committee, on Wednesday, August 14, 2013, at 2:35 p.m., at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kauai, and the presence of the following was noted: Honorable Jay Furfaro Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Excused: Honorable Tim Bynum The Clerk read the notice of the public hearing on the following: "Bill No. 2493 — A BILL FOR AN ORDINANCE AMENDING SECTION 22-5.4 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DESIGNATION OF EXCEPTIONAL TREES," which was passed on first reading and ordered to print by the Council of the County of Kaua`i on July 17, 2013, and published in The Garden Island newspaper on July 25, 2013. The hearing proceeded as follows: Chair Rapozo: Any written testimony?. Clerk: None. SAMUEL W. PRATT, President, Niu Pia Land Company: Our family has been the owner of these parcels for a hundred years. My great-grandfather planted the coconut trees that are there — a hundred years ago. We are indifferent to this amendment and do not feel it is really absolutely necessary as we feel the designation of parcel twenty-nine (29) equals today's twenty-nine (29) and thirty (30). The exceptional tree ordinance was passed in 1976 and at that time, the entire property that you see across from the Courtyard was parcel twenty-nine (29). In 1980, it was subdivided to create twenty-nine (29) and thirty (30). That was done to accommodate somebody who wanted to take a portion of that property and try to do a restaurant there. Subsequently, the restaurant never materialized and since then it has remained as twenty-nine (29) and thirty (30). Last year, we had about fifteen (15) of the trees die. We decided to go before the Arborist Committee to present our case about removing those trees and doing whatever we needed to at least get the trees down. The tops were all gone. The trees were fifteen (15) sticks in the grove of trees. At that time during the Arborist Committee proceeding, we had Les Milnes from the Planning Department and Jodi Sayegusa from the County Attorney's Office help us to clarify and confirm that in fact the Ordinance says twenty-nine (29) but it really, it applies to twenty-nine (29) and thirty (30) which is the entire PUBLIC HEARING 2 AUGUST 14, 2013 BILL NO. 2493 parcel that you see there from the Plantation Hale all the way... the curve. Earlier I heard in the introduction that Longs has an application on lot thirty (30), actually, it is on lots twenty-nine (29) and thirty (30). We feel that this is not really necessary amendment and in fact if you review the Longs application, you will see that if they should go on to be approve, lots would be consolidated into one (1) lot again and that would become parcel twenty-nine (29) and it would not make a difference. You would have to come back and re-amend your amendment again. Our feeling is that the amendment is really not necessary from our standpoint, legally, there is no way we could say that thirty (30) is not covered because that parcel is all one (1) parcel together. I do have information about the tax questions that came up, also, a little bit about the subdivision if you are interested in knowing about what I know which is...well, I could go on, answer questions, or whatever you like. Chair Rapozo: Because it is a public hearing we do not do questions. This will be in Committee. I did get your E-mail and we will get together. Mr. Pratt: I will briefly say that from Niu Pia standpoint, we do not enjoy any tax preference at all. We deduct expenses for maintaining the trees but we do the same thing for mowing grass or trimming hedges at any of our investment properties. We do not get taxed on real property basis any different from any other commercial property. With respect to the subdivision, there were some conditions attached to it but nothing that restricted the use of the property to only resort like things. That is just simply zoning. Ms. Yukimura: I have a question. Chair Rapozo: Clarifying question. I am not going into debate. Ms. Yukimura: You will be having a lease with Longs? Is that what is going on? Mr. Pratt: We currently have a contract with Longs and it allows them to explore permit applications and if they should succeed with permit applications to their liking then it would not be a lease situation, it would be more of a purchase. Ms. Yukimura: Okay. Thank you. AVERY YOUN: Good afternoon. I represent CVS Longs as you might be aware. The subject lots twenty-nine (29) and thirty (30) are being consolidated right now. The application is sent to be reviewed for tentative approval before the Planning Commission on September 10th. Depending on the conditions, final approval will be pursued immediately and hopefully obtained prior to the end of the year. Therefore, I feel like it is not necessary to amend this Ordinance. I also checked with the Real Property Tax Office, the new tax key number for the single consolidated lot will fall to the lower numbers. So, it will go back to twenty-nine (29) and thirty (30) will be eliminated. Because we know that the consolidated lot will now be tax key lot number twenty-nine (29), this eliminates the need for this proposed amendment before you. Ms. Yukimura: Is the consolidation a done deal? PUBLIC HEARING 3 AUGUST 14, 2013 BILL NO. 2493 Mr. Youn: We are scheduled for tentative approval on September 10th, we have authorization to proceed with the consolidation application. Ms. Yukimura: If Longs get permission and everything is put into order, are they planning to close the Longs that is across the street? Chair Rapozo: JoAnn that is not clarifying anymore. That is going beyond his testimony. That is a question that you can send over in writing. Clarifying is based on what he testified to. If you want to clarify a statement he just made, that is fine but we are going into dialogue and that is not for the public hearing. Ms. Yukimura: He did say that they are planning to build. Chair Rapozo: Right. Ms. Yukimura: So... Chair Rapozo: Do you need clarification for that? "Are they building or not building?" That is clarification. He said that they are building and that is it. Ms. Yukimura: Well, and I am asking if they build, will they close the other one? Chair Rapozo: That is for Committee. Thank you. Mr. Youn: Thank you. Ms. Yukimura: Are they planning to build? If they get approvals? Mr. Youn: If the Planning Commission approves the project, yes, they have every intent on trying to build a Longs Pharmacy at this location. Ms. Yukimura: Okay, thank you. Chair Rapozo: Thank you. PAT COWAN: I am from San Diego, California. I am the Project Manager for the developer for Longs. Ms. Yukimura: Project Manager for? Mr. Cowan: The developer for Longs Drugs. I just wanted to state that on this matter we agree with everything that was stated. The Ordinance is always been considered from our perspective to apply to the entire project area including lots twenty-nine (29) and thirty (30). We do need to consolidate the lots into one (1) lot for our project but there will be no change in our perception or our approach on these implications of this Ordinance on the project. We fully intend to comply with all requirements of the Ordinance no matter what on the entire project area. PUBLIC HEARING 4 AUGUST 14, 2013 BILL NO. 2493 Chair Rapozo: Thank you. Are you going to be here for the Committee Meeting? Mr. Cowan: For the Planning Commission? Chair Rapozo: No, for this Bill? This will show up in Committee. Mr. Cowan: I will not be but Avery will be representing me or somebody else. Chair Rapozo: I am assuming that Avery will be here? Yes, he nodded. Thank you. Any other people wishing to testify? There being no further testimony on this ma ° the public hearing adjourned at 2:45 p.m. Re ►- y submitted, EDii •PE∎1 •, JR Administrative A ;.istant 'o t e County Clerk :dmc