HomeMy WebLinkAbout12715pcMinKAUAI PLANNING COMMISSION
REGULAR MEETING
January 27, 2015
The regular meeting of the Planning Commission of the County of Kauai was called to order by
Chair Anderson at 9:18 a.m., at the Lihue Civic Center, Moikeha Building, in Meeting Room
2A/2B. The following Commissioners were present:
Chair Angela Anderson
Vice Chair Sean Mahoney
Mr. Wayne Katayama
Mr. Jan Kimura
Mr. Louis Abrams
Absent and Excused:
Mr. Hartwell Blake
Ms. Amy Mendonca
The following staff members were present: Planning Department — Michael Dahilig, Dee
Crowell, Dale Cua, Leslie Takasald, Duke Nakamatsu; Deputy County Attorney Ian Jung.
CALL TO ORDER
Chair Anderson called the meeting to order at 9:18 a.m.
ROLL CALL
Mr. Dahilig noted there were five Commissioners present.
APPROVAL OF AGENDA
Mr. Dahilig recommended moving item F, New Agency Hearing, to the end of the
agenda, and opening the hearing after the presentation by the applicant. He also recommended
moving item H, Executive Session, after item J, Communications, and moving the subdivision
reports after item F, New Agency Hearing.
On the motion by Jan Kimura and seconded by Sean Mahoney to approve the
agenda as amended, the motion carried by unanimous voice vote.
MINUTES of the meetin2(s) of the Planning Commission
1
V A2015 Master Files\ Comm i ssions \Planning\Mniutes\2015 -1 -27 Planning Commission Minutes
There were no minutes to approve.
RECEIPT OF ITEMS FOR THE RECORD
On the motion by Jan Kimura and seconded by Sean Mahoney to receive the items
for the record, the motion carried by unanimous voice vote.
HEARINGS AND PUBLIC COMMENT
New Public Hearin
The Commission received testimony from David Frankel from the Native Hawaiian
Legal Corporation representing Ted Blake, (Written testimony on file). Mr. Blake continues to
believe the Commission erred in granting final subdivision approval for Phase 1 of the Village in
Poipu. If the project were to be properly approved, he believes it would be better if access came
from Poipu Road rather than across Hapa Trail. The proposed amendments are proble>natic and
not drafted well so they are. providing language that cures some of the technical problems_ They
believe there should be specific language in one or both Ordinances stating: "This road through
the lot identified as TMK: (4) 2 -5- 014 -21 shall be located at least 30 feet from the eastern edge
of Hapa Trail and shall not be constructed until a ground survey identifies the precise legal
boundaries of Hapa Trail such that no construction takes place within a 30 foot buffer ". That is
consistent with the representations that the Trust has made in its application and they think it
should be in the Ordinance. There are continuing issues with allowing access to lot 27 across
Hapa Trail. Hapa Trail is owned by the State. An easement would have to be granted by the
State which hasn't been granted.
On the motion by Jan Kimura and seconded by Sean Mahoney to close the public
hearing, the motion carried by unanimous voice vote.
All public testimony pursuant to HRS 92 Sunshine Law
The Commission received testimony from Jimmy Fujita owner and operator of Mino's
Beach Stuff servicing tourists in the Poipu area at 2320 Poipu Road. They come in from Poipu
Road and turn left at the trail head of Hapa Trail where there is a rock monument. The previous
business owner applied for permits to operate out of that property until they sold the business.
About three years ago his son was going to develop the athletic club on the east side of Hapa
Road. They got their permits to use the same road they have been using to access his project. In
2
VA2015 Master Filcs \Commissions\PlanuingNinutes \2015 -1 -27 Planning Commission Minutes
the course of the project, he found that Hapa Trail doesn't just end at Poipu Road; it goes all the
way through to the road that runs along the ocean that used to take them from Koloa landing all
the way to Poipu. That road has been blocked off but .Hapa Trail literally ran to that road which
is an area they used to call Cow Head. They used it to drive the cattle dowel to Koloa landing.
The rock walls were built to hold back cattle. He questioned if Hapa Trail is going to be restored
to the way it is supposed to be from St. Raphael's all the way to the ocean.
COMMITTEE REPORTS
Subdivision
Mr. Kimura recused himself from the Subdivision Committee report at 9:31 a.m.
Subdivision Committee Vice Chair Mahoney read the Subdivision Committee meeting
report into the record.
The following Committee members were present: Jan Kimura, Sean Mahoney, and
Louie Abrams.
The following Tentative Subdivision Actions were approved, 3 -0:
5- 2015 -06 = Christopher White & Robert White, Proposed 2 -Iot Subdivision
5- 2015 -07 = Property Development Centers, LLC., Proposed 11 -lot Subdivision
(Approved as amended)
5- 2015 -08 = Fred A. Duyanen /Gloria T. Rudolfo, Proposed 3 -lot Subdivision
The following Subdivision Extension Request was approved, 3 -0:
5- 2012 -12, Jean E. Nadatani, Proposed 2 -lot Subdivision
(Approved as amended)
The following Subdivision Extension Request was approved, 2 -0 (Jan Kimura recused):
5- 2013 -08, Princeville Prince Golf Course, LLC., Proposed 94ot Subdivision
(Approved as amended)
The following Final Subdivision Actions were approved, 3 -0:
5- 2006 -12, Visionary, LLC dba Lihue Land Co., Proposed 7 -lot Subdivision
3
VA2015 Master Files\ Commissions ll31anning \Minutest2015 -1 -27 Planning Commission Minutes
S- 2013 -21, Ross L. /Cynthia K. Link, Proposed 2 -lot Consolidation
Mr. Katayama questioned the amendments to each of the requests. Attorney Jung replied
that regarding l .b. there was an amendment to Condition I.H. relative to using commercially
reasonable efforts to acquire the easement. With regard to 2.a. the extension was from six months
to one year. Item 2.b. was also from six months to one year with a six month status report.
On the motion by Sean Mahoney and seconded by Wayne Katayama to approve the
Subdivision Committee report, the motion carried by unanimous voice vote.
COMMUNICATION
Letter 1/20/15) from Jonathan Chun, Esg„ requesting Commission's reconsideration of its
decision to approve the petition to intervene by petitioners Caren Diamond and Barbara Robeson
filed with the Commission on January? 2015. relating to Class TV Zoning Permit Z -1V- 2015 -9,
Use Pen-nit U- 2015 -8 and Special Management Area Use Permit SMA (U)-2015-7, Kirby B. Guyer
and Milton Searles, Applicants.
Mr. Chun stated that at the last meeting the Commission asked for advice on
interpretation of its rules. The advice given was that the Commission should use the Hawaii
Rules of Civil Procedure as guidance and cited portions of the rule but did not cite the complete
rule. His letter states that if you look at the complete rule and how the courts have applied that
rule in the past, the first day is not counted and the last day is. Using that rule and that
interpretation, the petition for intervention is untimely. The Commission has always followed
the Hawaii Rules of Civil Procedures as to interpretation.
Ms. Robeson stated that prior to filing their petition for intervention, they complied with
the Planning Commission Rules, Chapter 4, Section 1 -4 -3. The date and time of submitting the
petition was previously confirmed by the Planning Department that it was within the seven days
and again confirmed at the Planning Commission meeting on January 13. Ms. Diamond added
that Planning Commission agendas are posted 6 days in advance and are posted on Thursday for
the following Tuesday. They followed the same rationale in counting their days. She stated they
are not attorneys; they looked at the Rules of the Planning Commission and hi plain reading, it
seems that they filed timely. This is an administrative hearing. They didn't follow rule 6.A.
because it is not a court proceeding, so they believe their intervention is appropriate. If the
Commission finds they did not file timely, she noted the Rules also allow intervention for good
cause. She requested for the Commission to keep the intervention.
Mr. Dahilig noted the Department has no position on the matter.
Attorney Jung stated the standard for reconsideration under Robert's Rules of Order
looks at three options: whether or not the decision was hasty, whether or not it was made in
error, or if the decision was ill informed. There was a request that the Commission erred in the
interpretation of the rules. Given that there has been a submittal, the fair thing to do would be to
request that the parties brief the matter and handle the matter on another agenda. The issue is the
11
VA2015 Master Piles \Couunissions\Planning\Minutes \2015 -1 -27 Planning Conunission Minutcs
timeliness of the appeal. As raised by the interveners, there is an option to allow interveners for
good cause. If they want to create a briefing schedule, they would need to took at the number of
pages, the time the submittals should be submitted by, and setting of the hearing date on the
motion for reconsideration.
Mr. Katayama questioned the validity of the interpretation in the rules. Attorney Jung
replied that the Commission should pose the question to the parties so they can state their
position on it. He can assist the Commission on interpretation on how to apply the rule.
Mr. Katayama questioned if that part isn't black. letter. Attorney Jung replied that the
Commission's rules are silent as to when you start the time, but the Court rules state when you
start the time and when you end the time. In this particular case there is a dispute between the
parties as to when the timeliness started.
Attorney Jung stated even if the timeliness wasn't there, the Commission could evaluate
whether or not there was good cause to waive the time limit. Mr. Katayama stated that is a
separate issue in itself, The first call is the interveners' timeliness.
Attorney Jung stated that right now there is a written request by Mr. Chun and just a
verbal opposition to the written request by the interveners. If the interveners are given an
opportunity to brief it, there will be a written record to make a decision.
Chair Anderson requested a motion to receive. She suggested deferring to February 24
and have the briefs submitted by February 13 and a reply by February 19.
Mr. Katayama clarified that they will be asking to brief the timeliness as well as the
Commission's desire to allow them to intervene if they did not file on a timely basis. Attorney
Jung replied that the interveners raised it in their argument that the alternative would be the for
good cause issue.
On the motion by Jan Kimura and seconded by Sean Mahoney to receive the
communication, all were in favor by unanimous voice vote.
On the motion by Jan Kimura and seconded by Mahoney to defer to February 24t1
and to receive the submittals by February 13t1' and response by February 19t1', the motion
carried by unanimous voice vote.
Mr. Chun asked for clarification that the briefmg for the intervener and the response is
only to the issue of the timeliness. He agreed with Mr. Katayama that the issue of whether there
is another basis to grant the intervention is the subject of another matter. If the motion to
reconsider is granted, it brings back the whole motion as if nothing ever happened. At that point
in time, it is proper for the Commission to determine if there is any other basis on the timeliness
issue, for example good cause. He did not think. they should be briefing the good cause issue
now in terms just the timeliness issue. It is a separate issue that should be decided after the
decision to reconsider or not. To brief good cause, it's factually determined. There are no facts
now. The hearing is closed. The proper thing to do if they are going to look at the good cause
5
V A20 i 5 Master Piles\Comm issionsU31aimiug\Mitiutes12015- I -27 Platming Commission Minutes
issue is to go back, recreate it, open the hearing, get any evidence for a good cause, and make a
determination on that.
Chair Anderson stated in terms of what has taken place, she believes the interveners have
brought up good cause as one of their potential arguments. Mr. Chun responded that they didn't
mention it at the last hearing. The only issue in front of the Commission is whether they met the
days of filing, not good cause.
Chair Anderson stated the Commission is creating time for the interveners to respond.
They can brief, and Mr. Chun can brief a reply for the Commission to hear on the 24".
Mr. Dahilig noted they are making progress to procure and appoint a hearings officer.
They currently have approvals for money transfers with the budget to fund the hiring of a
hearings officer. They will be relying on the Deputy County Attorney to handle the procurement
hiring. They will not execute any of the contracts until such time as this particular matter is
resolved.
NEW BUSINESS
Staff Planner Dale Cua summarized the Director's report (on file ). The applicant is
seeking to arnend the conditions to allow vehicular access onto Poipu Road from the Kiahuna
master plan area which originally received entitlements in 1979. In 2001 there was an Ordinance
which was approved for rezoning of the second phase of the Kiahuna Shopping Center. The
access restriction was limited to Kiahuna Plantation Drive. There is current litigation involving
Hapa Trail so part of the resolution involves this zoning amendment which would then allow
access onto Poipu Road from the proposed area. As a result, the applicant is seeking to amend
the conditions. The Department of Public Works has no issues with the proposal.
Mr. Abrams clarified they are asking for the roadway for this particular subdivision so
they would not cross Hapa Trail. He questioned if there has been any other discussion regarding
the master plan. He was not sure about the rest of Hapa Trail. Mr. Cua replied that the latest
development was the expansion of the shopping center in 2001.
Mr. Abrams stated by the Catholic Church there appears to be an R4 portion that would
need to be accessed across Hapa Trail. He did not know if the representation applies to all of
Hapa Trail or just this particular subdivision's access to Poipu Road. There is a bunch of R4
along Hapa Trail. He questioned if it would be necessary to address all of those issues with the
Council when they make the final decision. Mr. Cua replied that as far as the issue to Hapa
Trail, it would be for the entire Hapa Trail,
Eel
VA2015 Master Files \Cotnniissions\ Planning \Minutcs\2015 -1 -27 Planning Commission Minutes
Mr. Dahilig stated that there was an environmental impact statement and accompanying
traffic impact assessment report that was produced back in 2001 for the project. The access and
subdivision lots in question at this juncture was identified and entertained in the TZAR as a
separate and apart development from the whole mauka to mauai swath. There was idea of
phasing that was folded into the original analysis that sought to have the fast phase of lots
potentially be accessing Poipu Road. That is why there is some degree of disclosure
inconsistency as entertained in the 2005 disclosure documents that did have this particular
scenario outlined, There was a preemption issue concerning that because of the Ordinance
before the Commission today.
Max Graham representing the applicant, Erick A. Knudsen Trust, and trustee John
Horowitz provided an overview of the diagrams for the project. The Eric A. Knudsen Trust
lands were originally part of a State land use district boundary amendment in 1977. The State
Land Use Commission approved the redistricting of the lands in Poipu from ag to urban. It was
followed by a zoning amendment and various zoning districts were allowed within the urban
area. The zoning took place in 1979; Ordinance PM- 31 -79. Condition 10 contained a provision
that there would be no direct access to Poipu Road. He believes the intent was to have an
internal roadway which is Kiahuna Plantation Drive which runs along portions of Hapa Road and
it would be the primary artery that would provide access to all of the lands. He believes at that
time, everyone was under the impression that Hapa Road was a County roadway, but it is not a
County roadway. All of the lands have been registered in Land Court by the 1{rludsen Trust in
1935. They eventually sold lands on the west side of Hapa Road to the Moana Corporation and
the other entities that developed the area. Hapa Road is a historic road and was part of the land
court application. In 1936 the road was subdivided from the Knudsen lands and transferred to
the State of Hawaii so it becomes a land court lot. Later the State of Hawaii subdivided. Hapa
Road; Land Court lot 19B. In 1991 the Land Board attempted to give the lot to the County and
the chair wrote a letter to the Council stating that by operation of law, because it's part of the
highway systems, the land belongs to the county. The Council accepted the roadway but there
was no deed filed. In Land Court unless there is a deed nothing changes. To this date, the
property is still owned by the State of Hawaii. In 2007 the Council changed the name of Hapa
Road to Hapa Trail by Resolution. At the very beginning is a portion that is improved with a
driveway that turns into what was the former swimming and tennis facility now called the Poipu
Beach Athletic Club. The driveway turns to the east to get to the tennis club, and turns to the
west to get to Ki no's. Hapa Trail is unimproved from about 150 feet in from Poipu Road all the
way up to the Catholic Church. From the church, the road is improved and. used by everyone
who has properties adjacent to the road. It appears as if the County acts as if the paved portion is
under County jurisdiction, but it's really owned by the State of Hawaii. In 2009, utilizing the
zoning that Knudsen Trust had, they created a 50 lot subdivision called the Village at Poipu
subdivision. The approved proposal was that access would be via a road that would go north,
cross Hapa Road, and connect directly to Kiahuna Plantation Road where it is adjacent to Hapa
Road. The approval was challenged by Ted Blake. They challenged the crossing of Hapa Road
on the bases of its historic and cultural significance. The lawsuit is still pending. There was
never an easement granted by the State across the first proposed access. The parties didn't find
out about the State owning Hapa Road until they got into the litigation. The matter is still
pending. The Knudsen Trust then decided to try to get an easement near the northern corner of
7
VA2015 Master Files\ Commissions V'lamiing \Minutes120I5 -'1 -27 Planning Commission Minutes
the subdivision across Hapa Road in an area where there aren't many rock walls. There are rock
walls that are historic, over 50 years old, that apparently used to run along both sides of the road
that are no longer totally intact. At the second access point, there are just a few base remnants of
the wall so the Trust applied for an easement from the Land Board and the Land Board granted
the easement. Mr. Blake appealed that decision and filed a separate lawsuit challenging the
granting of the easement. Now we have two lawsuits concerning Hapa Road. At that point, the
Trust decided it would be easier to just connect the subdivision directly to Poipu Road. That is
the proposal before the Commission. It sounds easy except the original Ordinance and a later
Ordinance that approved the second phase of the shopping center on the lots directly to the west
of Hapa Road contained restrictions on direct access onto Poipu Road. In order to have direct
access, they need to amend the two ordinances to allow the Trust to build a new road, running
back to the subdivision. It would be the access to all of the Knudsen lands to the east of Hapa
Road. That is the new circulation system; an interior road that would come out to the new road
and on the other side is Kiahuna Plantation Drive. The Moana Ordinance and the Poipu Town
Ordinance provided that there could be a direct access onto the shopping center expansion if a
circulation plan were created. It also provided that for the time being, there could. be a temporary
driveway allowing access to Kimo's and to the lot through the existing temporary driveway. In
his proposed amendment, he keeps the temporary provision in there. To the extent that the
driveway is on Hapa Road, they may have to go back to the Land Board and get at least a right of
entry to continue using it for short teen. It is not intended to be permanent. if they can't get
permission, he has provided in his version of the amendment to allow a temporary driveway
directly off Poipu Road to Kimo's that would be short term.
Mr. Abrams questioned if the applicant had any comments regarding the written
testimony from the Native Hawaiian Legal Corporation. Mi. Graham replied that he has been
working with Mr. Jung and Mr. Frankel and they are trying to come up with wording that
everyone can agree with, but they are not quite there yet.
Mr. Abrams asked for clarification that the public hearing has been closed. Mr. Jung
replied that the public hearing has been closed but because this is a zoning amendment, it goes to
County Council for final ratification. This body is in effect advisory to the Council, but they can
request more time if needed.
Mr. Jung stated that one of the issues that Mr. Frankel and Mr. Graham referenced was
the fact that at the time of going through the EIS there was a perception that the road was a
County road. It was always intended to be a County road after the transfer, especially after 1991.
They are trying to understand what happened in the past. The State apparently is still having the
intent to convey it to the County. Once the litigation is done they can take it over and look at the
next steps for Hapa Road. There are paved portions and unimproved portions. Where the plaque
was placed, mauka of the paved portion, is where the State Historic Preservation efforts are more
focused.
Mr. Abrams stated with the Poipu Lani decision there were changes to address improving
Hapa Road and maintaining it and he'll leave it for Council to decide what is appropriate.
VANI5 Master Piles\ Commissions \Planniug\Minmtes\2015 -1 -27 Planning Commission Minutes
Mr. Graham stated that Mr. Frankel suggested language for a 30 foot setback and the
proposed new road will be set back 30 feet from the Hapa Road lot so there is no objection to the
proposed language.
The Commission recessed for caption break at 10:19 a.m.
The meeting reconvened at 10:34 a.m.
Mr. Jung stated that after discussing with the parties in the lawsuit, with the exception of
the State, they came to some agreement over the proposed language. What is in the report and
what is requested in the petition is now changed.
The Commission recessed for fire alarm evacuation at 10:36 a.m.
The meeting reconvened at 10:46 a.m.
Mr. Jung noted there was language that the parties agreed to. In referencing the submittal
sent out by Mr. Gram relative to Ordinance 3179, it will incorporate language from Mr.
Frankel's communication stating: "This road through the lot identified as TMK: (4) 2 -8-
014:021 shall be located at least 30 feet from the eastern edge of Hapa Trail and not be
constructed until a ground survey identifies the precise legal boundaries of Hapa Trail such that
no construction takes place within a 30 foot buffer." That would be the additional language to
Mr. Graham's amended proposal for 3179. For Ordinance 2001 -354, relative to the Poipu Town
Center, Mr. Graham had and amended proposal as well. hi Condition 2 on the third line where it
states: "Shall be limited at this time" to insert the language "to terminate five years from the date
of approval of this Ordinance ". The remainder of the condition would stay.
Mr. Graham clarified that the new Language would be in the fourth line following the
words "and to a temporary access ".
Mr. Jung clarified that following the word "temporary access" they will insert the
language "to terminate five years fi•om the date of the approval of this Ordinance ". He noted that
procedurally if approved, the matter will be sent to the County Council for ratification.
On the motion by Jan Kimura and seconded by Louie Abrams to approve the
proposed amended language to Ordinance PM -2001 -354, and PM -31 -79 as read by
Attorney Jung the motion carried by unanimous voice vote.
EXECUTIVE SESSION
ze
VA2015 Master Files\ Coinntissionsu 'lannuig\Minutes\2015 -1 -27 Planning Commission Minutes
his
Pursuant
to Hawaii Revised
Statutes
Sections
92 -5(a)
(2 and
4
),
the
purpose of this
executive session is
to discuss
matters pertaining to the evaluation
of the Planning Director. T
sesslon pertains
to
the
Planning
Director's evaluation where
consideration of matters affecting
privacy will
be involved.
Further,
to consult
with
legal counsel re ag rding powers duties
privileges
and
/or
liabilities
of the
Planning Commission as it relates
to the evaluation of the
Planning
Director. -
ze
VA2015 Master Files\ Coinntissionsu 'lannuig\Minutes\2015 -1 -27 Planning Commission Minutes
his
On the motion
Pursuant to Hawaii
Revised
Statutes
executive session, the
Sections 92-5(a) 2 and
41
the
Purpose of this
executive session is to discuss
matters pertaining to the
evaluation
of the Deputy Planning Director.
This session pertains
to the
Deputy Planning Director's evaluation
where consideration of matters
affecting
privacy will be involved.
Further,
to consult with legal
counsel re ardin owers duties
privileges and /or liabilities
of the
Planning
Commission as it relates
to the evaluation of the
Deputy
Planniniz
Director.
On the motion
by Sean Mahoney
and seconded by
Jan Kimura to move into
executive session, the
motion carried by
unanimous voice
vote.
The Commission moved into executive session at 10:53 a.m.
The Commission reconvened at 1:27 p.m.
HEARINGS AND PUBLIC COMMENT (Continued)
New Agency Hearing
Class IV Zoning Permit Z -IV- 2015 -8, Project Development Use Permit PDU- 2015 -7
Variance Permit V- 2015 -1 and Special Management Area Use Pen-nit SMA(LO- 2015 -6 to ep rmit
repair and reconstruction of the former Coco Palms Resort including but not limited to: 350
hotel units, Lotus Restaurant and Flame Room Bar. the Lobby Building the Commercial
Building, three hree swimming pools, Queen's Audience Hall the Palms Lanai Sea Shell Restaurant
Chapel in the Palms, 2 of 4 Bridge Crossings; the construction of a new Utility & Maintenance
Building-and a new Queen La oon Building into a spa and gyrn facility on the site of the
previously demolished structure. The proiect is situated in Wailua and located at 04 -241 Kuhio
Highway, further identified as Tax Map Keys 4-1-003: 004 (por ) 005 007 011 and 017 and 4-
1 -005: 014 and 017 and containing .a total area of approx. 28.5 23 acres = Coco Palms Hui LLC.
Mr. Crowell noted the Director's report was distributed at the last meeting (on file). He
also noted addendums to the packets for items received over the last few days. Written
testimony was received from: Walter & Charlene Gracey, Randall Boyer, Councihnember Joann
Yukimura, Daniel & Vicky Scherek, Jerry Nishek, Kauai Nursery and Landscaping, Nolan
Moriwaki, International Union of Bricklayers and Allied Craftworkers Local #1 of Hawaii, and
Pane Meatoga Jr. There was also testimony received from Jay Furfaro, Laborers hnternational
Union of North America, Shioi Construction, Hawaii Chamber of Commerce, Milton Ching,
Rupert Rowe, and John Kaohelaulii President of Native Hawaiian Chamber of Commerce.
On the motion by Jan Kimura and seconded by Sean Mahoney to receive the items
for the record, the motion carried by unanimous voice vote.
On the motion by Jan Kimura and seconded by Sean Mahoney to open new agency
hearing, the motion carried by unanimous voice vote.
Chair Anderson noted that the agenda was amended to allow the public to give their
testimony after the applicant has presented their proposed development.
10
VA2015 Master Files \Commissions \Planning \Minutes12015 -1 -27 Planning Commission Minutes
Michael Belles representing the applicant stated that there is a tendency to focus on the
use of the Land in the Guslander era when it became the iconic Coco Palms Hotel, but they
clearly have to acknowledge the use of the property long before that. They know based on
historical records that the land was occupied by Alii as a royal compound from the l3ti, to the
mid -19111 century with Queen Deborah Kapule being the last known occupant. On January 25,
1953 Grace Guslander opened a 24 room hotel with four employees and two guests. It operated
successfully and grew rapidly to almost 400 units. It had a world renowned reputation due in
large part to celebrities such as Elvis Presley, Frank Senatra, and others who frequented the
property. Grace Guslander was a force like no other in terns of her imagination and creativity in
developing various schemes and activities that became part of the fabric of the hotel industry in
the State of Hawaii. Torch lighting and blowing of the conch shell are things she started that
then became emulated throughout the industry. She was the innovator of such ideas that brought
a lot of the aloha, the charm, and the quaint character of Coco Palms and what made it so unique.
Hurricane Iniki demolished and damaged the hotel so much that the owners out of Hong Kong
made the decision not to reopen the hotel. Since September 11, 1992, the hotel has been closed.
There have been several failed attempts by developers who looked at the property and tried to
seek financing. In 2005 a developer was successful in acquiring permits for 200 multifamily
condo units and 100 hotel units, but they were not able to develop pursuant to the permits and
subsequently in 2013 they were revoked. Coco Palms Hui, LLC saw the property as an
opportunity to bring back an iconic part of our visitor industry in a way that was true to the
original hotel in the Guslander Golden years. The first challenge was the prospect of the Iniki
Ordinance being repealed because the County was frustrated that no progress had been made and
they initiated a program for an Ordinance that was supposed to expire at the end of 2013. His
clients were successful in lobbing the Council and the Mayor for a two year extension to the
Iniki Ordinance which allows certain benefits for the redevelopment. It doesn't allow for the
complete redevelopment, but it makes the rebuilding, redevelopment and renovation exempt
from certain laws, rules and regulations. There are certain things they must comply with such as
FEMA which requires elevation of some of the structure. It does not apply to the concrete
structures fronting Kuhio Highway, but affects the buildings on the mauka side of the lagoon.
The cottages will be elevated. It changes the appearance and character of the hotel, but Federal
Law mandates they be elevated. Wherever possible they tried to maintain existing buildings and
repair and renovate as opposed to demolishing and rebuilding, if this project does not proceed as
applied for, efforts have been made in the past seeking Federal, State, and County funding for
alternative development on the property, but there are acquisition costs and abatement issues,
and would cost millions of dollars to restore. Other projects would not have the financial
wherewithal for demolition, as well as archaeological, historical, and cultural issues that are not
the case when you are repairing and renovating.
Chair Anderson requested that Commissioners hold their questions for the applicant until
after the public testimony.
Tyler Green from Coco Palms Hui, thanked the Commission for the opportunity to
discuss the project. He stated that it is not an easy project and there are different items, issues
and challenges that need to be balanced, but they didn't shy away because of what Coco Palms
represents to them and the community. There are not too many properties that have an entire
11
VA2015 Master Piles\Conunissions \Planning \Minulcs\2015 -1 -27 Planning Commission Mniutes
boot{ written about its history and all the different people that have been touched because of their
experience at Coco Palms. Their goal is to honor the past and celebrate the future. They want to
bring back the many things, culturally significant or historically significant, or traditions brought
about by Grace. Those are the essence of Coco Palms, but they want to do it in a modern way.
They want to be conscious in celebrating the future, all the jobs that will be created by this resort,
and opportunities that will unfold to the next generations of Kauai. They were very specific on
the type of operator they wanted to pick. They have chosen Hyatt Resorts and they believe with
them they can accomplish all of the things they would like to accomplish to make Coco Palms
what it once was and hopefully allow it grow into the future. The name will be Coco Palms
Resort by Hyatt. It will be a soft brand to allow more flexibility in the day to day operations in
what you can and cannot do within the hotel program. They have been able to infuse a lot of the
cultural aspects they feel are important. They have put together a Coco Palms advisory
committee to help perpetuate what once was; Hawaiian language lessons, Hawaiian history
lessons, ukulele lessons, and hula. They also hope to have space for the Kauai Historical Society
on property. it is about aloha and trying to recreate what Grace has done so wonderfully. They
can bring back Coco Palms and add value to the community in the form of jobs and experiences
for guests, family, employees and for the members of Kauai.
Ron Agor of Agor Architecture reviewed the proposed plan for Coco Palms. He has been
working with the Department of Transportation since May of last year and the Department of
Public Works the last few months. The general consensus is that when Kuhio Highway is
improved to a four lane highway, traffic should flow a lot better. When completed, that will be
the last improvements for a long time. The distance from Coco Palms to the bike path is only 79
feet and he was tasked with coming up with a scenario of minimizing the impact of the
development on the highway. They came up with 4 points of ingress and egress that were
concurred with both Department of Transportation and Public Works. There will be an entrance
off Kuamoo Road. The original entrance before Iniki was about 40 feet from the intersection. It
will be moved to approximately 260 feet from the intersection and will be for ingress only. The
only egress there will be for the beach shuttle to the Sea Shell restaurant, then up Haleilio and
Apana Road back to the site, running approximately every 20 to 30 minutes. The second point
of access is from Kuhio Highway onto Haleilio Road, left on Apana Road onto the property and
the main parking lot. Guests will also be able to go directly onto Kuhio highway from a one way
driveway to alleviate traffic going to the intersections. Guests coming from the North Shore
have the opportunity to enter the property directly from Kuhio Highway into the parking lot
through a one way driveway to also help minimize congestion at the intersections. The proposed
cultural center will be to provide luau activities probably one week day and one weekend day,
during off peak hours. The existing driveway will be widened from 18 to 20 feet. They have to
clear vegetation and may have to raise the driveway to improve the view onto Kuamoo Road,
Mike Packard, traffic engineer with SSFM, stated when Kuhio Highway is widened by
the State, they will have reached the constraints of the right of way which will result in two lanes
in either direction. At the Haleilio intersection, the previous dedicated left turn Iane will no
longer exist and will be a shared left turn and through lane. The intersection conflicts will be the
left turning vehicles onto Haleilio with South bound traffic on Kuhio Highway. Because of that,
the idea was to keep the primary access for north bound traffic at Kuamoo Road. The benefit of
multiple access points is to reduce conflicts from left turning vehicles across traffic or shared
12
VA2015 Master Files\ Commissions \Planning \Minutes\2015 -1 -27 Planning Commission Minutes
turns at the same location. In the morning the biggest problem is the makai bound vehicles
making the right turn to Lihue. They will not be adding to that traffic, because that access will
be a right -in only except for shuttle busses which will be minimal. Southbound traffic into the
parking lot will be turning up Haleilio to Apana which will be widened to accommodate two way
traffic as well as a sidewalk on the makai side, and on the south side of Haleilio to provide
pedestrian access at the signal light. With the multi -use path, they have the ability to connect
access for both bicycles and pedestrians. The location of the property presents itself to provide
alternatives to vehicular transportation. They are not worsening the situation at Kuamoo Road.
The right -ins, right -outs without conflicts won't have any problems.
Mr. Agor continued to review the plan. Prior to Iniki there were 396 rooms and it
appeared they had 212 parking stalls with 50 on the leased land totaling about 260. The
proposed parcel entails 350 rooms with 371 parking stalls on the hotel site and 50 on the leased
land. There will be 20 designated parking stalls for beach goers in one of the lots, and 10
designated public stalls in another. The spa building will have an accessible restroom for the
public. They are trying to minimize the use of cars by the guests,
Mr. Green stated one of the reasons for a soft brand was for flexibility. Hyatt seemed the
most supportive and seemed to understand the idea of the best guest experience. If you are a
guest, fighting traffic could be stressful. If you live there and have guests coming on a
temporary basis and adding to the traffic it is stressful for them too. They are working on an
airport shuttle. They want to educate people that you don't have to rely on a car. Geographically
they are 7 miles from the airport and an equal distance between the north shore and south shore.
They came up with a green package. If you show up without a car, you get a free bike rental,
and free tours to the north and south shores that will get you back in time for the torch lighting.
Guests are incentivized to show up without a car. The bike path is a huge amenity for Wailua
and Kapaa. His Mom's favorite thing to do is ride the bike path. They want to institute a Wailua
K.apaa shuttle. They are su.ccessfiil in Waikiki. if they can shuttle 20 people, it gets 20 cars off
the road.
Mr. Agor stated that the existing three story buildings will be gutted out and all of the
rooms within the structure will be rebuilt. They will house about 371 units connected through
walkways. The King's Lagoon is a three story building that is raised up with 21 units. The
Prince Cottage consists of two buildings with four units and will be connected with a common
stairway, about 18 feet away from the property line, and about 14 feet apart. The Queen's
Cottages are about eight feet from the property line and are 14 to 18 feet apart connected by
common stairways. They entail eight units that will be raised. The King's Cottages have ten
units that will be connected via the common stairway. One building is about six inches from the
property line, so they will try to have a minimum five foot setback. They are concerned about
moving and rebuilding outside of the existing foundations, but they may not have a choice with
that building. There are 23 rooms above the restaurant that will be rebuilt the way they were.
The existing retail building is set back only a foot from the property line. It will be structurally
repaired, and given a facelift. The ulterior will be renovated in accordance with the offices or
users. There is an existing overhead walkway to the lobby. The lobby will be rebuilt in its same
structural form. There is a two story office building that will be attached to the lobby. The
existing flame room and bar and the lotus restaurant will be repaired. A warehouse will be built
13
VA2015 Master 1; iles \Cwimiissions \Plannurg\Minutes \2015 -1 -27 PIanning Corrunission Minutes
and elevated eight feet with a loading dock for food and beverages to be delivered and. stored.
Carts will be taking food and beverages to the kitchens as needed. The Queen's Audience Hall
will be repaired. It is in the flood zone but as long as they keep the repair value less than 50% of
the replacement value, it can be left intact and upgraded. The chapel will have minimal work
done. The proposed spa is located where the Queen Lagoon rooms used to exist that were
destroyed in Hurricane Iwa and will encompass the footprint. It will be three stories, raised
above the base flood elevation and will house the accessible restrooms for the beach goers. The
Cultural Center will have a tent for the luau that will be open on three sides. There are food prep
and serving pavilions with posts and screens, no walls. They intend to u.ti lize executive portable
restrooms because it is in the flood zone. The lagoons will have two arched, pre - fabricated
bridges. The third and fourth bridges are dilapidated and the intent is to remove them. They will
repair the Sea Shell restaurant structure and renovate the interior.
Mr. Packard reviewed the draft TIAR report (on file). The purpose is to address existing
conditions and what the area would look like without the proposed project in comparison to if the
project were to be built out. Traffic counts were taken during the standard weekday to assess
peak hour traffic as well as State DOT traffic counts to see how fluctuations are over the course
of the day as well as seasonal variations. With the contra flow, there is additional capacity given
to the primary directional traffic in addition to up and down Kuamoo Road. Most intersections
operate under what is acceptable standards; the level of service, amount of delay. Not acceptable
was the makai bound right turn, from Kuamoo Road onto Kuhio Highway in the morning. That
peals lasts for about an hour and half. The afternoon didn't have a significant issue. At the
intersection of Kuhio and Lanikai Street is an un- signalized intersection that has delay. In
addition to the State's proposed widening and current sub area study, they are considering
signalization of that intersection. To offset the general increase in population and increase in
tourism projected for the island, the County is proposing to handle it through increase in multi
modal traffic. They assess the general growth to give a worst case scenario of additional traffic
without the project. In general all the intersections stayed the salne; Kuhio at Lanikai, and the
makai bound onto Kuhio in the morning was poor. The impacts of the projects coming in, for
the worst case scenario; while the luaus might be happening in the off peak hours there is a
chance that the peal. traffic would overlap. Standard practice is to design for the peak hours, but
the remaining 23 hours would have hugely wide roads with nobody on it. With the addition of
the project and the State projects to widen Kuhio highway to provide two lanes in either
direction, the addition of the traffic provided around the hotel brings about 100 vehicles in the
a.m. peak hour and around 75 vehicles in the p.m. peak hours. This is using national guidelines
and standard traffic procedures but does not necessarily reflect Kauai or Hawaii. Additional
steps can be taken to lessen it. The proximity to other areas and other amenities provide for
people not having to drive away from the resort and would make the impact less. In the end, the
additional traffic from the project at Kuhio and Lanikai, assuming those traveling from the north
shore would theoretically add to the delay, as noted, the State is considering signalization in their
Kapaa sub area study. At the intersection of Kuhio and Kuamoo there is no change because they
restricted the traffic so there would be no exiting egress vehicles leaving Kuamoo making a right
turn onto Kuhio highway. Only from the cultural center exit would vehicles theoretically have
the opportunity to leave Kuamoo and make a right onto Kuhio Highway. In general the study
assessed that the project would have negligible effect on the traffic in the area with the
i,
VA20 i 5 Master Files \Commissions\Plamlinl;Winutes \2015 -1 -27 Planning Commission Minutes
improvements that are being proposed by the State and are considered credible for construction
by 2017.
Mr. Belles questioned if draft TIAR's are typically a work in progress in terms of
continuing to work with the respective jurisdictions and constantly modify as circumstances
change. Mr. Packard replied yes and no. For the most part what is stated is what has been
worked through with the State and County. The direction he got is what they provided to make
sure the impacts to the State and County facilities were minimized by the project.
David Shidler, Archaeologist with Cultural Surveys Hawaii, stated he began his career on
Kauai in the 1970s with the Archaeological Research Center of Hawaii. Cultural Surveys
Hawaii undertook a cultural impact assessment for Coco Palms redevelopment project that
involved background research and outreach to 34 individuals requesting kupuna and kamaaina
referrals to other kupuna and kamaaina knowledgeable about coastal Wailua and the history of
the Coco Palms property. This involved consultation with the Planning Commission and the
Kauai Historic Preservation Review Commission. They started with an archaeological inventory
survey with sub surface testing in 2004 and 2005. It was continued with an addendum
addressing a geographically related area to the Northwest in 2006. There were 99 excavations in
a good faith effort to explore the potential for cultural resources within the Coco Palms lands.
Having had discussions with a mentor of his, Dr. William Pila Kikuchi who was involved in the
1973 archaeological recovery, and knowing that coastal Wailua was an area of a Royal Center,
he had hopes as an archeologist for an exciting find, but they found very little. They only found
five artifacts. They designated three historic properties. There had been one previously
designated in the north portion; a burial had been found during a fence line project when they
came into Coco Palms in the 2004 -2006 time frame. They designated three others. One was the
fishpond, which in consultation with the Commission moved forward into a preservation plan,
presently a lagoon water feature of the resort. They moved forward into putting the Weuweu
Kawaiiki Fishpond on the State register of historic places which is also the subject of a
preservation plan. In consultation with the State Historic Preservation Division they also
produced a data recovery plan and an archaeological monitoring plan for the Coco Palms resort.
They are documents that have been reviewed and accepted by the regulatory State Historic
Preservation Division and they continue to move forward. They have provided clarification on
two matters. In August 2013 there was a dust fence created and one iwi kupuna was encountered
during the dust fence excavation. There were approximately 200 holes excavated under
archaeological monitoring and one of them found a kupuna. They will be moving forward with
an archaeological data recovery plan to address that kupuna. They are also looking at amending
the archaeological monitoring plan to address architectural monitoring which will be developed
in consultation with the State Historic Preservation Division but presumably will involve
documentation of aspects of architecture as the project moves forward.
Dirk Soma, the fast Vice President of the Kauai Native Hawaiian Chamber of
Commerce, business coordinator at KCC, and representative and leader of the Coco Palms
Cultural Advisory Committee, stated that the committee was put together on the advice of local
community leaders to work with the developers from the beginning to ensure things were done in
a pono manner. Besides himself they have Kawika Smith, Kirno Keawe, Kumu Hula Leinaala
Jardin, Lamea Ahneida, and Danita Aiu. Their first objective is to assemble the best ideas of
15
VA21015 Master Files\ Commissions \Platuting\Minutes\2015 -1 -27 Planning Commission Minutes
respected members of the Hawaiian host community and seek guidance to ensure the integrity of
the property is perpetuated while supporting a resort that is sustainable. Second, they want to
create guiding principles that focus on the reverence of the property by honoring and
incorporating the rich history and culture of the aina into the design and programs. Third is to
provide opportunities for all of Kauai's voices to share their xnanao as Coco Palms moves from
conceptualization into realization and actualization and becomes a destination that emulates the
values of aloha and hookipa. They have developed five guiding principles and the developers
have accepted them with open arms. First, they honor the sacredness of the aina in which the
property stands and the wahip.ana or sacred places which surround the area. Second, they will
preserve the history of the host culture as well as the culture of what made Coco Pahns the iconic
destination of Kauai. Third they will perpetuate the host culture to intergrade Hawaiian values
and activities into all phases of operations so that associates understand the sense of place of
their worksite and their kuleana as hosts to perpetuate hookipa. They see their role not just in the
development phase but to collaborate with the hotel operator to ensure that all of the associates
are trained to understand their sense of place, the significance of where they are working,
learning the history, learning the language and being able to share that with the visitors. They
will offer authentic activities and programs so the guests will come away with truly unique
experiences. They envision the cultural center not only for luau but opportunities to share native
Hawaiian culture and knowledge whether it be laau lapaau or hula or instances where they can
perpetuate history of the culture. They also want to provide open space for the community to
come and utilize the pavilion for potential baby luau and other activities that will open
themselves up to the community. Last, they will provide a gathering place for the community to
honor the aina and perpetuate Kauai's sense of community. It will not be closed just for tourist
activities. They have been honored to be invited to sit at the table at the ground floor with the
developers who have been open to all of the suggestions and comments. They have had great
dialog since the beginning of their relationship that includes hosting and facilitating over 10
meetings starting first with the native Hawaiian community and branching out to other
community groups. They have had site visits for various groups including the youth.
Kamehameha Schools brought a group of students onto the property and they envisioned what it
would be like to see the resort reestablished and reborn. They hope the Commission will
approve and support the application as submitted and look forward to working with Coco Palms
Hui and all the other elements that make up the community to make this happen.
Chair Anderson requested that the consultants and applicant be available at the next
meeting to be able to go over what has been presented in more detail and answer questions from
the Corrunission. Mr. Hale stated that his understanding is that all of the presenters will be
available for the next scheduled meeting.
The Commission took a caption break 2:58 p.m.
The meeting reconvened at 3:10 p.m.
The Commission received testimony from Herman Kua who has been employed by Shioi
Construction for 18 years. It is important that this project moves forward. They enjoy the site
and look forward to bringing it back to light any way that they can.
16
V:12015 Master Files\ Commissions \Planning\Miuutes\2015 -1 -27 Planning Commission Minutes
The Commission received testimony from Kimo Keawe. He started at the Coco Patens
front desk 40 years ago as a young Hawaiian local boy looking to start a new career and family.
It was a magical place where people's dreams of a tropical vacation became reality. It was
where he was inspired to achieve all that he wanted to do in the resort business, learning from a
manager who was truly ahead of her time. It was a special place where you could feel the energy
and aloha and see it on all of the guests' faces. As it sits dormant, it is a constant reminder of a
storm we wish to forget. We all drive by and wonder when will somebody do something about
it? The time is now and the application is a start of the rebirth of Coco Palms. Others have tried
to do it in the past but their plans were destined to fail because it wasn't pono with the land.
Somehow he can't stop thinking that Mrs. G. had something to do with it. This group wants to
resurrect the project as close as possible to the way it was. Some may say it's not perfect, but
nothing in life is. They are committed to doing the right thing for the right reason. Let's not let
another generation of young local men and. women, our children, our grandchildren miss out on
an opportunity to be inspired and go on to achieve their dreams here on Kauai. He humbly asked
the Commission to approve the application and let Coco Palms be reborn and live again.
The Commission received testimony from Conrad Murashige, President of Shioi
Construction. Shioi Construction submitted written testimony in support of the application to
repair and reconstruct the former Coco Palms. They are a Kauai general contractor with over 40
years of completed projects. They employ approximately 150 employees on island and take
pride with the longevity and success of their employees. They have been fortunate to survive
this downturn in the economic cycle especially here where Kauai suffers the worst in their
industry. They are working toward full employment and trying to build a sustaining healthy
backlog of projects for their workers. The rebuilding of this former iconic resort represents a
huge impact for the Kauai craft workers with at least $34 million in direct wages that would be
injected into the local economy over the term of the project. Job creation will extend further
beyond the direct wages to other subcontractors, supply houses, all the indirect support services
including transportation, restaurants and utilities. The effort of rebuilding the former resort will
take considerable investment in effort and money at high risk to go forward as evidenced by the
previous failed attempts. The approval will lead to an approximately two year period of
significant economic impact for the island and rebirth of a resort that will he welcomed by
kamaaina as well as the newcomers and visitors. He urged the Commission's approval for the
application and thanked the Commission for providing them with a voice to support the project.
The Commission received testimony from Larry Rivera, born and raised on Kauai. He
started working at Coco Palms September 14, 1951 at $125 per month. His Mom would drive
him to work where he took over the registration desk so the day clerk could go home. He
counted the cash, balanced the books for the night, and would put on a white shirt and black bow
tie and wait on tables, then invited guests to the lagoon terrace and sang to them into the late
hours for no pay. He enjoyed it. He would sleep in the office and if someone came at 1.00 a.m.
he would check them in. The next morning he would serve breakfast and his Mom would pick
him up. Nobody cared about Coco Palms at that time. Along came Grace Guslander on January
25, 1953. She buried bones properly, created the famous torch lighting ceremony, and created
the Deborah Kapule pageant that tools place every August 26. Everything she did was proper
and pono. He dreamt that he saw the trees waiving in the grove, a beautiful torch lighting taking
place with a narration, people were in awe to witness it. He saw a beautiful show with the
17
VA2015 Master PileslCommissions \PlarmntglMinute512015 -1 -27 Planning Commission Minutes
dancers and singers in the dining room. He saw a wedding embracing the lagoon, people having
breakfast as the little children fished off the bridge, a beautiful cocktail terrace with people
dancing to the island music. He saw beautiful ceremonies honoring a place on this land for the
departed kriown only to God. He saw the entire community prosper as Coco Palms grew. He
saw a flowing traffic. When the red light went on, you stopped. When it was green, you go. All
of a sudden he woke up and realized he was dreaming. He humbly prays and hopes that his
dream will come true. It takes time, money, effort and someone with a dream to bring Coco
Palms to life. He asked everyone to think hard how wonderful it would be for the economy of
the island and asked the Commission with their great respect and knowledge to please bring
Coco Palms back because he was able to raise six children, 17 grandchildren and 18 great
grandchildren.
The Commission received testimony from Milton Ching, In 1879, the original Hawaiian
church on the premises was moved to Kapaa and stayed there until 1947 and became Kapaa First
Hawaiian Church. In 1969 he was a member of the Kapaa Hawaiian Church Choir and they sang
for the tourists at a very young age. He submitted written testimony (on file). He is the great
great grandson of Mailolo. His kupuna was born in 1843 and died sometime after 1899.
Goverrunent records reflect that they lived in the Wailua Kai area. He humbly comes before this
agency in accordance with 92 -3, HRS, and the US Constitution First Amendment. This
testimony reiterates his letter dated January 20. Exhibit A &B states that the Hawaiian Kingdom
by Kamehameha 1I1, the House of Representatives, and the House of Nobles designated the
ahupuaa of Wailua as government lands subject only to the rights of tenants. The applicant
states that the old resort incorporated lands are owned by the State of Hawaii. His argument is
all public lands are deemed to be held u1 Trust for the people of Hawaii. The AIS mentioned the
preservation of Kawaiki fish pond. He questioned why they noted the fish pond, but not the
preservation of Mahunepuuone. He submitted copies of the laws that were in place from 1851 to
1884 and 1885 and case laws under the Hawaiian kingdom and the definition of ilina and
kupapau. His recommendation and final statement is to please preserve Mahunepuuone.
Secondly, his request is that the application be deferred until such time that the foregoing
concerns have been met.
The Commission received testimony from Tek Nickerson a professional and
environmental land use planner who has lived here for ten years. He has been very impressed
with the presentation. As beautiful the presentation and well meaning, the best he's seen, he
would defer to the consensus of a kanakamaole because it is the most sacred place in all of
Polynesia. They should sign off. If they were to sign off, there is space, some paved some not,
on the other side of the river in the marina area which could be leased for shuttling from that
area. He thinks that would relieve a lot of congestion at the nodes.
The Commission received testimony from Rayne Regush, Chairperson for the Kapaa
Wailua Neighborhood Association. They are cautiously very hopeful about the project and have
submitted written testimony to help ensure that the Coco Palms resort can be the best it can be.
In December 2013 the Council was very generous by prolonging the Inilci Ordinance rather than
repealing it. The application is seeking to secure additional structures that were not part of the
resort footprint at the time of Hurricane Inilci. The Queen's Lagoon building is one example, and
they are seeking a project development use permit for a structure that was demolished after
Wo
VA2015 Master Fifes\ CommissionslP (anizing \Milnrtes\2015 -1 -27 Planning Commission Minutes
Hurricane Iwa. The citing of this new building between Kauamoo Road and the lagoon they
believe will significantly block public views of the historic fishpond and they think the building
will alter the resort's visual appeal. According to the application, the Queen's audience hall is
already intended to be used in part for a spa and gym so it's unclear why a spa and gym is
needed in the new Queen's lagoon building as well. Certainly salons and spa treatment rooms
could be appropriately cited in the commercial building. They are concerned that the original
museum and library building that was next to the Queen's audience hall is not part of the
application. Page 22 says they are committed to providing space for the Kauai Historical
Society's operations, however, negotiations as she understands it are not actively underway. The
Historic Society is the keeper of the Coco Palms lnuseuln artifacts and a dedicated space is
important. Installing displays in the lobby or overhead walkway that connects the retail building
to the lobby seems inadequate. Since it was part of the pre Iniki footprint, they would like more
information about why a dedicated museum was omitted from the project. They are
disappointed that only two of the four bridges are going to be retained. They feel each of the
bridges retain a sense of place. In the past they have seen arborist reports prepared for coastal
properties in the SMA particularly those with significant mature trees so it is unclear how the
palms outside the coconut grove will be protected during reconstruction or if they are simply
going to be removed. She supports Mr. Ching's testimony that the location of the historical
burial grounds known as Mahunepuuone may actually prevent the redevelopment of some of the
structures on the property, therefore plans may need to be altered to protect the significant site.
They are also in support of the five requests of SHPD's document. She hopes the public hearing
will remain open to address some of these concerns.
The Commission received testimony froth Robin Fricke who lives across the street from
Coco Palms. He flew large cabin jets. A lot of what they look at is cut and dry. When at 45,000
feet and there is an issue, you don't think about what you would like to have or what would be
nice to do. You take care of the situation at hand. It seems the property can't continue the way it
has for the past 15 years. He has driven by and thought it would be wonderful to have it up and
running the way it was, but in the condition it is in, it's a public nuisance. People on the
mainland would have probably condemned it and demolished it because they wouldn't want it to
be like this. He would love to see it rebuilt, but rebuilt right. If there are spiritual or family
concerns by all means address them, but he does not see how it can go on in the condition that it
is in for another year. He has his thumbs up and hopes the vision he sees here can take place.
The Commission received testimony from Beverly Apana- Muraoka. She was given a
notice as part owner of an adjacent parcel that belongs to her late mother Christina Apana. She
was impressed with Mr. Agor's presentation, but didn't realize that Apana Road is going to be a
very busy road. If that is the case, she is worried about the only entrance and questioned the next
exit should there be a tsunami warning. Apana Road probably can't handle all of that traffic.
She has always testified for the sewer problems to be addressed, because that has been a terrible
thing when it is not sufficiently taken care of; the visitors and the local owners suffer. She is not
saying that she is not for the project, just these are conditions that should be considered. She
would like to see some elevators in the connected buildings for those who are getting older and
may want to go back as they grew up there. Sometimes they see everything beautiful up front,
but all the opala is in the back. That back is her front property so she wants them to take care of
that and to maintain the easement. She thinks the parking stalls are insufficient. She counted
19
VA2015 Master Piles\ Commissions \Piaiming \Minutes\2015 -1 -27 Planning Commission Minutes
373 stalls, and 371 units. Those who may be coming to the luau may not want to ride a bicycle.
Everyone needs a parking stall to come to the luau.
The Commission received testimony from Joann Yuknnura, testifying as an individual
Councihnember. She submitted written testimony (on file). She expressed her strong opposition
to the proposed restoration of Coco Patens resort unless there is a clear tightly written condition
requiring the developer /owners to build and maintain a well - designed pedestrian passageway
over Kuhio Highway, and the Department of Transportation and the County of Kauai adopt a
viable short term regional traffic mitigation plan for the Wailua Kapaa corridor that achieves an
actual measurable reduction in traffic congestion. Without those two conditions the negative
impacts of the proposed development on the community will be unacceptable and also jeopardize
the success of the hotel. Not providing safe passage for guests and the public would make a
travesty of good planning. The stretch of road to be crossed is soon to be the busiest four lane
section of highway of the island. She is concerned someone will be killed or seriously injured
even in a crosswalk if the crossing is at grade with vehicular traffic. This does not begun to
address the problem of interrupting the traffic flow when a pedestrian wants to cross. If the
developer is not required to offset the risk generated by the project, the public will be forced at
some point to bear the cost of building an overpass. As planners, they play an essential role in
containing the cost of government by ensuring developers pay for the impacts attributable to the
project. Today's traffic congestion is clearly due to past planning decisions that allowed
development before first establishing a land transportation system capable of handling the
increased traffic. We should have learned by now how costly and dysfunctional it is to allow
development before we accommodate the traffic congestion. The County's planning process
should not allow new development until regional land transportation problems are resolved.
Taking care of this will create construction and other jobs. She is sorry to oppose the proposed
development. She is not trying to stop it. She will be happy if the resort is reopened. as long as
pedestrian safety and traffic congestion in the Wailua Kapaa corridor are effectively addressed.
There is such an outpouring to see the hotel resurrected, but it is the job of the Planning
Commission, the Council, and other officials to think about the aspects of the negative impacts
and insure there will be a net benefit. If we implement our responsibilities in a pono way, it has
to have a pedestrian overpass. If decision makers do the right thing, the developers will do the
right thing and address head -on the unpacts to the community and it will become a win -win. She
has an out of box short term solution she has been addressing or raising for over 10 years and she
would be happy to elaborate. The Commission should keep the docket open and should ask the
State Department of Transportation for more details in terns of solutions for both pedestrians
and cars.
Chair Anderson suggested deferring the agency hearing to the next Commission meeting
on February 10.
On the motion by Louie Abrams and seconded by Jan Kimura to defer the agency
hearing to February 10, the motion carried by unanimous voice vote.
ANNOUNCEMENTS
20
VA2015 Master Piles \Commiss ion s\PlanuingWinutes \2015 -1 -27 Plaazming Commission Minutes
The following scheduled 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, HI 96766 on Tuesday, February 10, 2015 .
ADJOURNMENT
Chair Anderson adjourned the meeting at 3:46 p.m.
Respectfully submitted by:
1
Duke Nakamatsu,
Commission Support Cleric
( ) Approved as circulated (add date of meeting approval)
( ) Approved as amended. See minutes of meeting.
21
VA2015 Master Piles\ Commissions \Planning \Minutes\2015 -1 -27 Planning Commission Minutes