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HomeMy WebLinkAbout01/08/2014 Planning Committee minutes MINUTES PLANNING COMMITTEE January 8, 2014 A meeting of the Planning Committee of the Council of the County of Kaua`i, State of Hawai`i, was called to order by Tim Bynum, Chair, at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kaua`i, on Wednesday, January 8, 2014, at 9:09 a.m., after which the following members answered the call of the roll: Honorable Mason K. Chock, Sr. Honorable Ross Kagawa Honorable JoAnn A. Yukimura Honorable Mel Rapozo Honorable Tim Bynum Honorable Gary L. Hooser, Ex-Officio Member Honorable Jay Furfaro, Ex-Officio Member Minutes of the December 11, 2013 Planning Committee Meeting. Upon motion duly made by Councilmember Kagawa, seconded by Councilmember Rapozo, and unanimously carried, the Minutes of the December 11, 2013 Planning Committee Meeting was approved. The Committee proceeded on its agenda item, as follows: Bill No. 2461 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amendments to the Shoreline Setback Ordinance) [This item was deferred to February 5, 2014.] Chair Bynum: I will give the floor to Councilmember Yukimura. Ms. Yukimura: Thank you, Chair. I first want to direct your attention to two (2) articles that I have had copied. One (1) is from the economist, from June 15, 2013 which gives you sort of a national perspective on the problem of shoreline erosion and risk. The other is a much more recent article dated December 30th about the recent high waves that cause actual subsidence of verandas, porches, and portions of a house into the ocean. I just want you to be clear that is the issue that we are trying to address in the amendments to the shoreline setback law and it is a very critical subject in terms of life and property damage. Just a context for us in terms of how we are doing our work. As for the Bill itself, I am going to be recommending one (1) more deferral for a month and the reason is that this past Monday I had a meeting with the Sea Grant people on a version of the setback amendments that a very committed group of stakeholders from all sides of the issues have been working on. Started by former Vice Council Chair Nakamura who was Planning Committee Chair but this group has been PL COMMITTEE MEETING 2 JANUARY 8, 2014 working for over a year and it is peeling an onion, under every layer you think you have got it and then there is some more to work with. Sort of like Bill No. 2491 too. I think we are very, very close but we need one (1) more meeting of the stakeholders group which will be scheduled in a couple of weeks. There are a lot of people who have to be coordinated and then we would like to come back on February 5th with a set of amendments. I am happy to answer any questions from the Councilmembers regarding this process and I think we need to see if there is any testimony from the public before I make a motion to defer. Chair Bynum: Let the record reflect that no one is seeking public comment. Any further discussion by other Councilmembers? Councilmember Kagawa. Mr. Kagawa: I just want to thank Karen, Mike, former Councilmember Nakamura, and Councilmember Yukimura for working on this Bill. As we saw in recent weeks on the north shore it is a really serious matter that can really change at an instant as we can see now. We have seen Kekaha beach, myself and Mel, just drove pass there the other week. Look at that area, there was probably five hundred (500) feet at least of beach area before, in front of Inters and what have you and now the waves are breaking up on the rocks. When you use five hundred (500) feet from the house and we talking about a place like Kekaha beach where we have a County road in between so it is not like the north shore ones where the house is five hundred (500) feet away from the shoreline. We have a County road in front of it so it is a little different. I hope that the Committee is thinking about all those different aspects. Sometimes it is not really abutting the property it is a County or State abutting the shoreline. I think it is a difficult process and I am glad that you guys are really taking your time and trying to do it right because if we rush through it then it could bring up more problems in the end. I want to thank you for taking on this tough task. Ms. Yukimura: Thank you. Chair Bynum: Just let me pause for a moment. For the record when the clerk read this item this morning she misspoke one (1) word. This item should have been read, "a Bill for an ordinance to amend Chapter 8" and not "Charter 8." Yes, Councilmember Yukimura. Ms. Yukimura: I just want to thank Councilmember Kagawa for understanding the issue. His description of variety of shorelines that we have to address by one (1) law is part of the issue. And so, I am very grateful that we have many good minds around the table but it has been a long journey and it is a complicated issue. Thank you. Chair Bynum: Other Councilmembers? If not, I will just say that many of us at this table, or three (3) of us at least at this table are very proud of the initial shoreline legislation that passed. It was landmark and I was very proud of the collaborative effort that came together to pass that. And now we have had it in play and it is very important that we revisions happen correctly and so all of this work that is happening collaboratively is a good model and something that I really applaud and also acknowledge former Councilmember Nakamura who led this effort as the Chair of Planning. It looks like we are close to a conclusion PL COMMITTEE MEETING 3 JANUARY 8, 2014 and I am going to celebrate that. If there is nothing else, did we have a motion? Not yet. Ms. Yukimura: When you mentioned model, Chair Bynum, I want to say what I am thinking is coming out of this process is some really creative solutions that could be a model. I am hopeful and we will get to see that, I promise you, on the fifth of February. Chair Bynum: Councilmember Chock. Mr. Chock: I just want to say thanks for all the great work and I am cognisant that what the direction is and to respond to the material you sent us with the rising ocean. Also, on the flip side is to also remember that sometimes the devil is in the details here and as we work through and come to some resolution, it is almost a question of how much do we regulate and how it can take us in the direction of undermining what it is we want to accomplish. Which has been, in my opinion from what I have seen, people who have been able to utilize the ordinance in a way that they can work around it as well so I think the wording is important, just because we have the right to it does not mean it is right to re-grow vegetation and take advantage of it. So I think we just need to be very clear and continue to work as we are towards that resolve. Thank you. Ms. Yukimura: Councilmember Chock you are so correct that the details really make a difference and the wording. So, thank you. Upon motion duly made by Councilmember Yukimura, seconded by Councilmember Kagawa, and unanimously carried, Bill No. 2461 was • deferred to February 5, 2014. There being no further business, the meeting was adjourned at 9:18 a.m. Respectfully submitted, Lori L. Marugame Council Services Assistant I APPROVED at the Committee Meeting held on January 22, 2014: �__ TIM : NUM—"elL."--w--111111 CHAIR, PLANNING COMMITTEE