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HomeMy WebLinkAboutPlanning 072517 MinutesKAUAI PLANNING COMMISSION REGULAR MEETING July 25, 2017 The regular meeting of the Planning Commission of the County of Kauai was called to order by Vice Chair Ho at 9:20 a.m., at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A - 2B. The following Commissioners were present: Vice Chair Roy Ho Ms. Kanoe Ahuna Mr. Sean Mahoney Ms. Glenda Nogami Streufert Absent and Excused: Chair Kimo Keawe Ms. Donna Apisa Mr. Wade Lord The following staff members were present: Planning Department — Director Michael Dahilig, Chance Bukoski, Dale Cua, Leslie Takasaki, Marisa Valenciano, Alex Wong; Office of the County Attorney — Deputy County Attorney Jodi Higuchi Sayegusa; Office of Boards and Commissions — Commission Support Clerk Darcie Agaran Discussion of the meeting, in effect, ensued: CALL TO ORDER Vice Chair Ho called the meeting to order at 9:20 a.m. ROLL CALL Planning Director Michael Dahilig_ Commissioner Ahuna. Ms. Ahuna: Here. Mr. Dahilig: Commissioner Streufert. Ms. Nogami Streufert: Here. Mr. Dahilig: Commissioner Mahoney. Mr. Mahoney: Here. Mr. Dahilig: Commissioner Lord. Commissioner Apisa. Chair Keawe. Vice Chair Ho. 1 Vice Chair Ho: Here. Mr. Dahilig: Mr. Vice Chair, we have four (4) members present this morning and you do have quorum. APPROVAL OF AGENDA Mr. Dahilig: Next is the Approval of Agenda. The Department would recommend taking, if the hearing is closed, Item F.2.a. for action after Item H on this morning's agenda. Vice Chair Ho: Is that the only change? Mr. Dahilig: Yes, that we would recommend. Mr. Mahoney: Chair, move to accept the amended agenda as stated. Ms. Ahuna: Second. Vice Chair Ho: A motion has been made and seconded. All in favor? (Unanimous voice vote) Motion carries 4:0. Mr. Dahilig: Thank you, Mr. Chair. MINUTES of the meeting(s) of the Planning Commission Regular Meeting of June 13, 2017 Regular Meeting of June 27, 2017 Contested Case Calendar of June 27 2017 Mr. Dahilig: We are now on the Minutes of the Meetings of the Planning Commission from June 13th, June 27th, and Contested Case Calendar of June 27, 2017. Ms. Nogami Streufert: I move to accept the minutes of the Planning Commission meeting ... the regular meeting of June 13th, June 27th, and the Contested Case Calendar of June 27, 2017. Mr. Mahoney: Second. Vice Chair Ho: Motion has been made and seconded. Any discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carries 4:0. Mr. Dahilig: Thank you, Mr. Chair. RECEIPT OF ITEMS FOR THE RECORD 2 Mr. Dahilig. There are no additional items for the record this morning. HEARINGS AND PUBLIC COMMENT Continued Agency Hearing Mr. Dahilig: We are on Hearings and Public Comment. Item F.1., Continued Agency Hearing. We have no continued agency hearings this morning. New Agency Hearing Class IV Zoning Permit Z -IV -2017-13, Use Permit U-2017-11 and Special Permit SP - 2017 -6 to allow construction of a fuel farm facility consisting of three (3) 100,000 gallon fuel storage tanks and associated site improvements on a parcel located along the makai side of Ahukini Road in Bhu`e, situated approx. 1,000 ft. north of the Lihu`e Airport terminal, further identified as Tax Map Keys: 3-5-001:008 & 158, and affecting portion of a larger parcel containing 61.5 acres = Hawai `i Fueling Facilities Corporation. [Director's Report received by Clerk of the Commission, Michael Dahilig, 7/11/17.1 Mr. Dahilig: Item F.2., New Agency Hearing. F.2.a., Class IV Zoning Permit Z -IV -2017-13, Use Permit U-2017-11, and Special Permit SP -2017-6 to allow construction of a fuel farm facility consisting of three (3) 100,000 -gallon fuel storage tanks and associated site improvements on a parcel located along the makai side of Ahukini Road in Llhu`e, approximately 1,000 feet north of the LTu`e Airport terminal, further identified as Tax Map Keys: 3-5-001 Parcels 008 and 158, and affecting a portion of a larger parcel containing 61.5 acres. The applicant is Hawaii Fueling Facilities Corporation and there was a Director's Report received by signature on 7/11/17. Mr. Chair, the Department would recommend opening the agency hearing at this time. Vice Chair Ho: Does anybody wish to testify? Mr. Dahilig: Mr. Chair, we do not have anybody signed up to testify on this particular agency hearing. The Department would recommend closing the agency hearing at this time. Vice Chair Ho: We need a motion to close. Ms. Nogami Streufert: I move to close the hearing at this time. Ms. Ahuna: Second. Vice Chair Ho: Motion has been made and seconded. All in favor? (Unanimous voice vote) Motion carries 4:0. Mr. Dahilig: Thank you, Mr. Chair. Class IV Zoning Permit Z -IV -2017-14 and Use Permit U-2017-12 to allow construction of a community gricultural center that will include 2 pavilions, a fruit stand caf6, luau preparation area, restroom facilities, office/equipment barn and associated site improvements on a parcel located along the makai side of the Kilauea Road/Kahili Quarry Road intersection in Kilauea, further identified as Tax Map Key: 5-2-004:099, and affecting a portion of a larger parcel containing 75.431 acres = Aina Hookupu O Kalauea. [Director's Report received by Clerk of the Commission, Michael Dahilig, 7/11/17.1 Mr. Dahilig: We are now on Item F.2.b. This is Class IV Zoning Permit Z -IV -2017-14 and Use Permit U-2017-12 to allow construction of a community agricultural center that will include two (2) pavilions, a fruit stand cafe, luau preparation area, restroom facilities, office/equipment barn, and associated site improvements on a parcel located along the makai side of Kilauea Road and Kahili Quarry Road in Kilauea, further identified as Tax Map Key: 5-2-004 Parcel 099, and affecting a portion of a larger parcel containing 75.431 acres. The applicant is Aina Hookupu O Kilauea. The Director's Report was received by signature on 7/11/17. Mr. Chair, the Department would recommend opening the agency hearing at this time. Vice Chair Ho: Is there anybody in the audience wishing to testify on this matter, please? Mr. Dahilig: Mr. Chair, we do have ten (10) individuals signed up for testimony on this. Ben Ferris, followed by Kamran Taleb, followed by Shirin Hunt. Ben Ferris. Ben Ferris: My name is Ben Ferris and I am the county coordinator for the Sunshine Market at Kilauea. I have been the coordinator there for a number of years and I have been before the Planning Commission before about the Sunshine Market at the site that it is at right now, which is in the parking lot of the neighborhood center by the Kilauea Gym. It has been overcrowded and a dangerous situation for children particularly because the Kauai Bus comes into the parking lot area where the Sunshine Market is. Moving the Kilauea Sunshine Market to the proposed site that you are talking about today would be, I think, a good solution to the safety issue and it would also promote agriculture in the area and agricultural activity; selling produce there at the site that we are talking about on Kilauea Road. Any questions? No? Vice Chair Ho: No. Seeing none. Thank you. Mr. Ferris: Okay. Mr. Dahilig. Kamran Taleb, followed by Shirin Hunt, followed by Jill Lowry. Kamran Taleb: Good morning. My name is Kamran Taleb; a 20 -year resident of the north shore, volunteer at Kauai Community Radio for sixteen (16) years, also (inaudible) involved with Kauai eco design. I want to thank you for your attention and service to the community. This subject is food and sustenance. We know how important it is, especially when we don't have it. We depend on imported materials with questionable quality at a high price. Any interruption in this service creates chaos. Those of you born and raised on Kauai know exactly 11 what I mean. We must count on ourselves. Kilauea Community Farms is an idea thirty (30) years in the making. Thanks to Yoshi and a host of other caring Kauaiians, it has become a reality and it is growing. It is a place where children come and learn, elders remember how it used to be. The quality of produce that is growing there is worlds apart from the genetically modified junk that we are being sold. A dozen community farms across Kauai will provide plenty of locally -grown, quality produce, fruits, and flowers, reducing dependency on imports, reducing traffic. It is an education center for the future of Kaua`i's children. Kilauea Community Farms is a necessity and not a choice. Finally, to the `ohana that are opposing, I remind you, when you are standing in line waiting for your box of produce after the next storm, you will be grateful. Thank you. Please help this project by approving this bill [sic]. Thank you very much. Vice Chair Ho: Thank you. Mr. Dahilig: Shirin Hunt, followed by Jill Lowry, followed by Carrie Souza. Shirin Hunt: Good morning. My name is Shirin Hunt; also a resident of Kauai for twenty (20) years. I am here to share my support for the Kilauea Community Agriculture Center. I think this is an incredibly inspiring place, especially for our youth and towards the sustainability of food on Kauai, which is very important for all of us. I think that having a fanners' market and you allowing this permit will add more to this farm, to this island, and to everybody here. So thank you for listening to us and for considering your support. Thank you. Vice Chair Ho: Thank you. Mr. Dahilig: Jill Lowry, followed by Carrie Souza, followed by John Oszust. Jill Lowry: Good morning. My name is Jill Lowry. I am speaking on behalf of the financial viability and the need to be able to sell produce and value-added items at the farm. I was asked to help KCAC raise money, get their brand in order, etc. I have worked on this island for a lot of years raising money and what I can tell you is that it is unrealistic to expect this wonderful project to sustain entirely on grants and donations. It really is very, very important that this passes. I also would like to share that, this weekend, we participated in an event — the Fit Fest — in Hanalei where there were several hundred people. We had a booth there and literally not one person that came by had anything negative to say. I am so impressed with the support that this organization and this project has, and I just would really encourage your support today. Thank you. Mr. Dahilig: Carrie Souza, followed by John Oszust, followed by Monica Oszust. Carrie Souza: Aloha, Commissioners. My name is Carrie Souza and I am a long-term resident here of Kalihiwai. I am also a member of the Kilauea Neighborhood Board [sic], but I am not here to testify on behalf of the KNA; this is a personal testimony for me. Okay, so I have the understanding that the agricultural center is able to manifest because of the agreed upon conditions of the subdivision and development of the Seacliff residential area. After twenty (20) years of Council meetings supporting the concept of the ag center, we are finally making progress. Thankfully, with years of dedication from a handful of consistent community members, so much has been accomplished. I am here to show support for the Special Use Permit allowing a farmers' market and fruit stand on the site. This request is in compliance with the County's rules for a nonprofit. All profits go back to the ag center in perpetuation of agriculture. I am so proud of the recent accomplishment to develop a system of providing produce to the Kilauea and Hanalei schools from this site. In order to succeed, the ag park needs the infrastructure. I will continue to stand with complete support for this project and request approval of the necessary permitting so that the agricultural park can thrive in our community. This is a unique opportunity that we are blessed to embrace. Thank you. Vice Chair Ho: Thank you. Mr. Dahilig: John Oszust, followed by Monica Oszust, followed David Steimnann. John Oszust: Good morning. My name is John Oszust and I am a resident of Princeville. I have been on the island for ten (10) years. Several years ago I drove past the site where the KCAC is currently in the process of being developed and saw lots of fallow land but junk cars, batteries, basically just a polluted large area of waste. In the years that it has been developed, I have noticed a constant progression; responsible development is what I call it. I have had the vegetables from the farm; they are absolutely terrific. I have known Yoshi for a couple of years and I believe he is on the right track. I think we are doing a wonderful thing for the community here. I am part of a service organization that has done work at the agriculture center and most of the people in our service group are behind the support of the organization as well and to the point where we are raising money to help construct buildings on the site. So I thank you for your time and dealing with this. I think it is a very positive step in the community. Thank you. Vice Chair Ho: Thank you. Mr. Dahilig: Monica Oszust. Is that right? Followed by David Steinmann, followed by David Sproat. Monica Oszust: Good morning. I am the other half of the Oszust family. I am also a resident of the north shore and I am basically for the whole agricultural center for basically the three (3) subjects that are most important on this island; the education, the health, and the welfare of the north shore and every place else on the island. With the education, the children could be educated on how to grow. The health, which we desperately all need on this island. We could grow it right there and watch it grow, and with the welfare on the north shore and anywhere on the island if we promote this project. Also, I have worked the farm on volunteer days and you get free food when you do, so no one on the north shore would ever have to be hungry again. Thank you very much and I do (inaudible). Vice Chair Ho: Thank you. Mr. Dahilig: David Steinmann, followed by David Sproat, followed by Felicia Cowden. David Steinmann: Mr. Chairman and members of the Commission, my name is David Steinmann. I feel like I am speaking in an echo chamber because I am going to basically say the same thing that other people have said but maybe in a little more detail. I have been asked to speak for the residents along Kahili Quarry Road – that's the road on the south side of the Kilauea Community Agricultural Center – and probably the people who are closest to it physically and who have been supportive of it since its beginning. Everything that everyone said before is true. It is a wonderful thing for the island. Yoshi has interns coming through who learn to farm. Our local community will get local produce that will provide work and learning experiences for all of our community and particularly for our children. We have helped Yosh obtain his not-for-profit status. We have given and raised money for it. We think it is a marvelous project. Yoshi has gotten the Hanalei Rotary Club involved and they are supportive. The Rotary Club in Kyoto, Japan is supportive and has already given money. We think it is a great use of the land and I think for all of us, particularly those closest to it and most likely to be affected by it, the vision that Yosh has given us is one which we simply support. The activities that will be there are activities which I think will benefit the community. There will be community centers for local people to have community gatherings. There will be a farmers' market there. There will be facilities for them to wash the produce so it can be sold there. There really is nothing about this project that I think any of you should have any questions about. All the testimony so far has been positive. I would just like you to know that the people who are closest to it and who are most likely to be affected by it think it is a terrific thing. I was there when we first started this project. I was one of the guys carrying car batteries leaking acid out of there. We took probably thirty (30) car carcasses out. We took dozens of mattresses out. That area had been used for many, many years as a dumping ground for garbage. It is not anymore. It is cleaned out. Eleven and a half (I 1 %2) acres are already farmed. The rest of it will be cleared over time as the facilities are available and the money comes in to support it. I think all. of you, in approving the project, will be doing something for the entire island, for the Kilauea community. The last thing is this will be replicable. It will be something which will be a model. Mr. Dahilig: Three (3) minutes, Mr. Chair. Mr. Steinmann: It can be done everywhere on the island and everywhere in the State. So it has the support of all of its closest neighbors. Thank you. Vice Chair Ho: David, in front of you are the pictures that you had asked for. Mr. Steinmann: Yes. Vice Chair Ho: You can take it—not take it home, but just glance at it if you wish and share it with the gentleman next to you. Mr. Steinmann: Sure. Vice Chair Ho: Okay. Mr. Steinmann: Yes. Vice Chair Ho: But leave it for me. Mr. Steinmann: Thank you very much. Vice Chair Ho: Good. Mr. Dahilig: David Sproat followed by Felicia Cowden. David Sproat: Good morning, Mr. Chainman and members of the Commission. My name is David Sproat. I don't need to tell you how long I have been on Kauai, but I will tell you that I was before the Commission in about 1976 when this application first came before this body for the project and I was one of the original intervenors. So just a brief tie in, we helped craft saving Crater Hill and the views as put forth in the General Plan. We crafted covenants — one of which was to keep this remnant parcel in agriculture in which it is today — and eventually the land was turned over to the County. So just a reminder, this land is owned by the County of Kauai, so it is not a private entity corning before you. I thank Mayor Carvalho and the support of the Council that they have allowed the Kilauea community to take the project and run with it. It has become very successful. The only way you can validate that is (to) go out and take a look for yourself. You will see the progress that has been made. The project was originally ninety (90) acres. Due to an engineering error, it became seventy-five (75) (acres). But it really is a part of the community, but it is for the whole island. It is producing food, it is engaging people that is allowing new farmers to learn, it is allowing existing fanners to go and be able to farm. It is good agricultural land that is being kept in agriculture. It is hard to grant this application to allow the commercial uses in sync with the products that are produced there. I just encourage you to support the project and request, hopefully, that you grant this application. Thank you. Vice Chair Ho: Thank you. Mr. Dahili& Felicia Cowden. Felicia Cowden: Aloha. I am Felicia Cowden and I live about one (1) block down the street from the Kilauea Agricultural Center. It is on my pathway — pretty much on a daily basis — and I wholeheartedly support this. Any impact that is going to be happening down there is going to be an impact I share and I welcome. Both David Sproat — the man who just spoke — and Yosh... David helped start Waipa Foundation, Yosh was a big part of Waipa Foundation. I think, in addition to what everybody else has said, I really want to look at this luau preparation area, the restroom facilities, and all these other aspects that builds community, and what I anticipate when there are these buildings and it is sort of an oasis of infrastructure is that we will have the kids hanging out there. We can have so much potential for a community building area of all generations and I so look forward to this happening. I have followed this for a good ... at least fifteen (15) years. The whole generation was skipped from when this promise was made to when it is now being implemented from two (2) years ago. We have lost a whole generation of farmers. We so desperately need whatever we can do to help create this to be viable. I mean, I think this is just a start, really. As a big part of the Hawaii Farmers Union United, I think what we are seeing happening here where it is not required for people to own land is what we need to be launching a true generation of farmers and we need it. I am glad this is before you and I look forward to it being passed; I can't see a reason to not. Thank you. Vice Chair Ho: Thank you. Mr. Dahilig: Mr. Chair, those were all the testifiers that have signed up to testify on this particular agency hearing. The Department would recommend making a final call for any other testifiers at this time. I would also like to add for the record, Mr. Chair, that we did receive written testimony from Community Futures Collective signed by Marina Drummer, Director, as well as the Kilauea Neighborhood Association, and those should be entered in the record as well. If there is anybody else, Mr. Chair, that has not testified that— Unidentified Speaker: (Inaudible) Yoshito L'Hote: I will do my testimony when the item comes up. Unidentified Speaker: Oh, okay. Mr. Dahilig. Mr. Chair, given the lack of additional oral testimony, the Department would recommend closing the agency hearing at this time. Vice Chair Ho: Motion to close it? Mr. Mahoney: Chair, move to close the agency hearing. Ms. Nogami Streufert: Second. Vice Chair Ho: Motion made and seconded. All in favor? (Unanimous voice vote) Motion carries 4:0. Mr. Dahilig: Thank you, Mr. Chair. Class IV Zoning Permit Z -IV -2017-15 and Use Permit U-2017-13 to allow construction of a swimming pool and pavilion on a parcel situated within the Seacliff Plantation Subdivision in Kilauea, located along the mauka side of Makanaao Place, further identified as 2183F Makanaano Place, Tax Map Key: 5-2-004:091, and affecting a portion of a larger parcel containing 5.204 acres = Robert Leonard. jDirector's Report received by Clerk of the Commission, Michael Dahilig, 7/11/17.1 Mr. Dahilig: Item F.2.c. We cannot procedurally move forward due to notice items concerning the requirements of the Code to provide proper notice and verification to the Department to move forward with the hearing; therefore, we cannot open this particular hearing. However, Mr. Chair, because it has been posted on our agenda, the Department would recommend receiving any Sunshine Law required testimony on this item. Vice Chair Ho: That would be anyone here to testify for it. 0 Mr. Dahilig: Yes. Vice Chair Ho: Okay. Mr. Dahilig: Given that there is nobody signed up to testify on this item, Mr. Chair, I would make a final call for any Sunshine Law required testimony for this item. Vice Chair Ho: This is Robert Leonard. Robert Leonard. Mr. Dahilig: Seeing none, Mr. Chair. Continued Public Hearing New Public Hearing All remaining public testimony pursuant to HRS 92 (Sunshine Law) Mr. Dahilig: We do not have any other testimonies on any other additional agenda items on this calendar. The Department would recommend making one final call for any public testimony for any other agenda item. Vice Chair Ho: Seeing none. Mr. Dahilig: Okay. Thank you, Mr. Chair. CONSENT CALENDAR Status Reports Director's Report(, for Project(s) Scheduled for Agency Hearing on 8/8/17 Class IV Zoning Permit Z -IV -2017-16 to develop 134 affordable housing units, containing a combination of 4-plexes and 6-plexes, and associated site improvements on aparcel situated on the eastern side of K61oa Road in Koloa, situated immediately across the K61oa Estates Subdivision, further identified as Tax Map Key 2-6-004:019, and containing a total area of 11.204 acres = Mark Development, Inc. Mr. Dahilig: We are now on Item G. This is the Consent Calendar. We only have one (1) additional report for the Commission to have set for 8/8/17 and this is (for) Mark Development. This is the K61oa affordable housing project that is on the Lihu`e side of K61oa Road. So that is out for Consent Calendar. EXECUTIVE SESSION 10 Mr. Dahilig: Mr. Chair, Item H is Executive Session. We have none for this morning. NEW BUSINESS Class IV Zoning Permit Z -IV -2017-13, Use Permit U-2017-11 and Special Permit SP - 2017 -6 to allow construction of a fuel farm facility consisting of three (3) 100,000 gallon fuel storage tanks and associated site improvements on a parcel located along the makai side of Ahukini Road in Lihu`e, situated approx. 1,000 ft. north of the Lihu`e Airport terminal, further identified as Tax Map Keys: 3-5-001:008 & 158, and affecting a portion of a larger parcel containing 61.5 acres = Hawai `i Fueling Facilities Corporation. [Director's Report received by Clerk of the Conunission, Michael Dahilig, 7/11/17.1 Mr. Dahilig: And we would go into action on Item F.2.a. This is, again, the Class IV Zoning Permit Z -IV -2017-13, Use Permit U-2017-11, and Special Permit SP -2017-6. Dale Cua will be presenting the report on behalf of the Department. Staff Planner Dale Cua: Good morning, Mr. Chair and members of the Commission. Mr. Cua read the Summary, Project Data, Project Description and Use, and Additional Findings sections of the Director's Report for the record (on file with the Planning Department). Mr. Cua: At this time, that concludes the Director's Report. Vice Chair Ho: Is there anyone from the project here? Please. Bowers, please come up. Brian Bowers: Good morning, Chair. My name is Brian Bowers. I work for Bowers + Kubota Consulting which is representing the applicant. Here, with me at the table, I have the president of the Hawaii Fueling Facilities Corporation, Mr. Bruno Dos Santos, and Mr. Jason Maga who is the general manager for Signature Flight Services which does the managing of the facility on behalf of the corporation. Vice Chair Ho: Commissioners, any questions? Ms. Nogami Streufert: Yes. One of the things that concerns me is the idea that these fuel tanks — and they are 100,000 -gallon fuel tanks, three (3) of them in a row — are right between two (2) helicopter landing pads; between the Jack Harter Helicopters and the Blue Hawaiian Helicopters. Does that present any kind of a safety issue? Mr. Bowers: No, it should not. The tanks are relatively low in height and any— Ms. Nogami Streufert: 30 feet high. Mr. Bowers: Yeah, 28 feet high, approximately. Yes. 11 Ms. Nogami Streufert: So that is pretty high; that's three (3) stories. Mr. Bowers: Yes. But as part of the application, in terms of an aeronautical study that was ... inforination has already been sent to the Federal Aviation Administration and the proper fonns have been submitted as part of that to the Federal Aviation Administration, and that there was no adverse effects on the aviation in the area; to include helicopters or other aircraft. Ms. Nogaini Streufert: Okay. Mr. Mahoney: Chair? Vice Chair Ho: Mr. Mahoney. Mr. Mahoney: As far as discussing the jet fuel tanks' fire safety (and) environmental concerns, what are you doing for ... in the event there was an accident or fire? Can you explain some of the safety procedures? Mr. Bowers: Absolutely. The facility will basically have state of the art firefighting in accordance with the appropriate National Fire Protection Codes. There are two (2) 80 ... on-site, okay? There are two (2) 80 -gallon foam systems that would mix with water and provide pretty substantial and robust firefighting capability on-site; that would nonnally be done by the airport. The airport has their own firefighting capabilities that they use for aircraft, also, and the project has been coordinated with them and in conjunction with them and in collaboration with them, so they would be the first responders and then as secondary, the County could also assist. Basically, whatever requirements are required by the National Codes are present and will be incorporated into the project. Mr. Mahoney: Okay. Ms. Ahuna: I had a question. Typically, are fuel tanks at airports together like that? Like close in range? I mean, I am not familiar with airport fuel, but at the Honolulu airport or something, is it typically tanks right next to each other? Mr. Bowers: Yeah. From a logistical standpoint, for piping and proximity, as well as just ease of use, they are collocated. There is a requirement, you know, how close they can be to one another and we follow those particular codes, but this is the third facility that we have worked on on behalf of the corporation and they are all very similar. Ms. Ahuna: Is there a reason for building three (3) of these? Is there a huge need for fuel? What's the purpose or what drove you guys to...? Mr. Bowers: I can start and then if Jason and Bruno want to add because, you know, they are the owners. Basically, it is to ensure supply chain integrity. Right now there is no on -airport fuel facility for the airlines, so they have to get it from the harbor and it is trucked up and put directly into the planes. The 300,000 gallons ... so this would be the first on -airport— Go ahead. 12 Jason Maga: Hi. Jason Maga, Signature Flight Support General Manager of the operations in Honolulu and would also oversee this operation in Lihu`e. Currently, there are two (2) fuel tanks that are owned by an independent fuel supplier, Power Petroleum. Those are two (2) 30,000 - gallon tanks and so the usable capacity is approximately 50,000 gallons total capacity while the airport does approximately 65,000 gallons of usage per day. So the main reason for this is, number one, the fuel facility that we will be constructing will be open accessed to all fuel suppliers and users where currently it is closed to only Power Petroleum. In addition, the other main reason is, again, 50,000 -gallon capacity and 65,000 to 75,000 gallons a day, average usage, so that is a very minimal amount of fuel that is trucked from the airport. Usually you like to see at least three (3) to five (5) days of supply at an airport fuel facility, so that is what the three (3) 100,000 -gallon tanks are for; is to have adequate supply on -airport for daily usage. Mr. Bowers: Jason, thanks for clarifying that. I should have said there is no on -airport facility that is owned by the airlines themselves. Vice Chair Ho: Anyone else? Ms. Nogami Streufert: Based upon the location map that was attached in here, it appears that there is one (1) ... the Hawaii Independent Energy Fuel Farm is right next to the airport maintenance baseyard; that is part of the Lihu`e Airport operating area. Is that not correct? Mr. Maga:,Yeah, I'll take that one. So, yes, there is the Power Petroleum Hawaii Independent Energy, HIE, facility; that is the current facility that is used and, again, about a 50,000 -gallon usable capacity. The actual benefit of our facility is that any airport refueler, so the tanker trucks that fuel the aircraft, they would stay within the airport area boundary and not go over public roads, whereas currently they actually have to go off the airport, onto public roads to get to the HIE facility to pick up their fuel, and then deliver it to the aircraft. Ms. Nogami Streufert: Are there any other options for where these fuel tanks could be? Mr. Bowers: This is the best location that was coordinated and agreed to with the property owner, Department of Transportation. This was kind of the site that was kind of given to us based on their master plans and what they want to do at the airport. Do you want to add anything, Jason? Mr. Maga: Yes. That's correct. We had several meetings with the airport and the local station manager, as well as the district in Oahu. This was the only location that they had available or saw fit for our fuel tank construction. Mr. Bowers: And I would just like to add one more thing to why the project, in addition to the number one supply ... not even number one, but one of the benefits of it is the supply integrity, (inaudible). The other is safety and Jason kind of touched on it. So, you know, you are basically keeping all the refueler trucks on the airport operation area as opposed to intermixing with the public, so there is a significant safety benefit to the project, also. 13 Vice Chair Ho: What do you do with ... when you wash down the facility, where does the water go? And the rainwater? Mr. Maga: The rainwater, as well as any of the wash -down or whatever you call it, storm water, that gets collected at the site goes to an oil/water separator. Any storm water that isn't mixed with any kind of petroleum goes to a retention basin and basically it goes to ground water. Any water, say we have fuel tanks that we have to sump, get the water out, any ... we call that "contact water". That water is stored in an above -ground wastewater tank and is disposed of under regulations required by the County and the State. Vice Chair Ho: Thank you. Commissioners? Ms. Nogami Streufert: Could I ask for an executive session with the attorney, to consult with the attorney? Deputy County Attorney Jodi Higuchi Sayegusa: Okay. There is nothing on the agenda, currently, so we will have to ... I guess make sure what ... you have a legal question and then we would have to take a vote on that. If not, I mean, if... Mr. Dahilig: Maybe if I could suggest maybe taking a recess first to, maybe, sort out if there is a question of law that can be placed before the Commission, and you can consult with the attorney first and then we can reconvene and decide to go back ... the Commission can decide whether to go back and then executive session (inaudible). Ms. Higuchi Sayegusa: Okay. Vice Chair Ho: Is that your wish? We are going to take a short recess here. We will reconvene ten (10) minutes after ten (o'clock). Thank you. The Commission recessed this portion of the meeting at 9:58 a.m. The Commission reconvened this portion of the meeting at 10:10 a.m. Vice Chair Ho: We are now back in session. Commissioners, any questions? Further questions? Glenda. Ms. Nogami Streufert: My concern is still safety and one of the things that I would like to be sure of is that the citizens of Kauai and the residents are ... their safety and their health are protected and any concerns that might be out there would be addressed. One of the issues is that I do not believe ... I do not have the expertise about safety and 300,000 gallons of Jet -A fuel right between two (2) helicopter pads. I am asking whether some of my concerns can be addressed by the Federal... whatever Federal, State, and other applicable agencies to ensure that all the safety concerns in the air and on the ground can be addressed as part of one of the conditions; not necessarily to hold this up, but as part of one of the conditions. Vice Chair Ho: Okay. Gentlemen, comments? 14 Bruno Dos Santos: Yeah, just a quick comment. I am Bruno Dos Santos with Hawaii Fueling Facilities Corporation. I agree with you 100% actually. Safety is my number one priority. With this fuel facility, above all else ... as a side note, this facility does not generate profit, so we are not in it to make any money at all. This is paid for completely by the airlines. So that being said, I am a pilot as well. These helicopters and aircraft operating at the Lihu`e Airport do need to maintain — by Federal law — a certain distance from these fuel tanks. Of course if they don't, that is obviously a violation of Federal Air Code, but they should be maintaining a standard distance and I think it is 500 feet at the very minimum, which is pretty substantial. So hopefully... you know, I understand your concern on that and we can actually work with the helicopter operators to, maybe, come up with a different departure path and see if they have any concerns regarding the facility being close by. But I hear you loud and clear. Ms. Nogami Streufert: Because there is wind shear on Kauai and it can be pretty severe with the gusts of wind, in addition to which 300,000 gallons of Jet -A fuel, that's a lot. Although, I will have to admit that I was on one flight from Kauai to the west coast that had to take an unplanned stop in Honolulu for refueling because there was not enough Jet -A fuel on Kauai, so I understand the need, but I have to balance the need for the amount of fuel that we need here with the safety. Thank you for addressing it and thank you for being able to work with that. So thank you. That was my concern. Vice Chair Ho: Anyone else? Mr. Cua, your recommendation, please. Mr. Cua: Sure. Mr. Cua read the Preliminary Recommendation section of the Director's Report for the record (on file with the Planning Department). Mr. Cua: That concludes the Department's recommendation. Ms. Higuchi Sayegusa: Sorry. Is there one more condition, maybe, that could address Commissioner Streufert's concerns? Mr. Cua: Sure. In order to address that one concern, there is a proposed Condition No. 10 to be added and it would read, "Prior to building permit approval, the Applicant shall work with the appropriate Federal and State government agencies and the nearby helicopter operators to assure that the proposed facility does not impact flight traffic patterns in the airport area." Ms. Higuchi Saye sa: Perhaps it's air and also ground, I think, was the concern. Ms. Nogami Streufert: And let it not be limited to just the helicopters, but to air flights or airlines. Mr. Dahilig: Mr. Chair, we would incorporate that as an additional oral condition as part of our report, if there are no objections from the applicant. 15 Mr. Dos Santos: No, I don't have any objections to that at all, actually. My question would just be, who would determine what the helicopter paths should be versus what they actually are today? What the helicopter company might say is their normal flight path may not be the regulated flight path and so we just don't want there to be a conflict. If they say they are used to flying over that plot of land or if the taxiway doesn't go over that plot of land, then technically it is not a flight path. Does that make sense? Vice Chair Ho: It does. But I would think you would have to work that out yourselves. Mr. Dos Santos: Okay. Mr. Dahilig: That would be pursuant to whatever the FAA or State Airports would have to dictate as part of the... Mr. Dos Santos: Perfect. Thank you. Vice Chair Ho: Okay. One last time. Mr. Cua, could you just read that last (inaudible), please? Mr. Cua: Again, it would read, "Prior to zoning/building pen -nit approval, the Applicant shall work with the appropriate Federal and State government agencies..." So you wanted to say ... because I originally had "and the nearby helicopter operators", but you wanted to say... Mr. Dahilig: Just the words "flight operators" so that encompasses both helicopter and commercial aircraft. Mr. Cua: Okay. "...and the flight operators..."? Mr. Dahilig: Just the word "flight" instead of "helicopter". Mr. Cua: Okay. "...flight operators to assure that the proposed facility does not impact air flight and ground traffic patterns in the area." Ms. Nogami Streufert: Air safety. Air and ground safety. Mr. Cua: "...does not impact air safety and ground traffic patterns"? Ms. Nogami Streufert: Safety. Mr. Cua: Yeah, air safety— Mr. Dahilig: Air and ground safety. Mr. Cua: "...air and ground safety traffic patterns in the area." Ms. Nogami Streufert: No, no "traffic patterns". Mr. Cua: Oh, no, just "...ground safety in the area"? Or "...safety issues in the area"? Okay. Mr. Dahilig: Try read it one more time. Mr. Cua: So it would say, "...the Applicant shall work with the appropriate Federal and State govermnent agencies and the flight operators to assure that the proposed facility does not impact air and ground safety issues in the area." Vice Chair Ho: Gentlemen, is that okay? Mr. Dos Santos: Yes. Mr. Dahilig: So that would be our oral and written recommendation for approval, Mr. Chair. Vice Chair Ho: Have we fully discussed it? I need a motion. Mr. Mahoney: Chair, move to approve Class IV Zoning Permit Z -IV -2017-13, Use Permit U- 2017-11, and Special Permit SP -2017-6 with the amended conditions. Ms. Nogami Streufert: Second, Vice Chair Ho: Motion has been made for approval and seconded. Any discussion? All in favor? (Unanimous voice vote) Motion carries 4:0. You got it, gentlemen. Mr. Bowers: Thank you very much, Mr. Chainnan. Mr. Dahilig: Thank you, Mr. Chair. GENERAL BUSINESS MATTERS Request to amend Condition No. 5 of Class IV Zoning Permit Z -IV -2017-3, Use Permit U-2017-3, Special Permit SP -2017-1 and Special Management Area Use Permit SMA(U)-2017-17 = A T & T. Mr. Dahilig: We are now on Item I.1. This is General Business Matters. This is a request to amend Condition No. 5 of Class IV Zoning Permit Z -IV -2017-3, Use Permit U-2017-3, Special Permit SP -2017-1, and Special Management Area Use Permit SMA(U)-2017-17. The applicant is AT&T. Alex is the planner handling this permit amendment request and he will provide the report on behalf of the Department. Staff Planner Alex Wong: Aloha mai kakou. Mr. Wong read the Summary, Project Description and Use, and Applicant's Reasons/Justifications sections of the Director's Report for the record (on file with the Planning Department). 17 Mr. Wong: That concludes my Director's Report. I would like to open it up to any questions before we go to the recommendation. Vice Chair Ho: You are Mr. Lee? Les Young. No, my name is Les Young. I do consulting work for AT&T. Vice Chair Ho: Commissioners, any questions? Ms. Nogami Streufert: Is this monopole going to be used for just AT&T? Or will other agencies be able to use this monopole potentially to have like a siren or anything else on it? Or even radio communications with emergency management? Mr. Young: At this time, there will be two (2) carriers located on the tower; Verizon and also AT&T. Verizon will be the actual owner of the tower. I am aware of ongoing discussions with Verizon and I believe it is with the Department to see if at least one of the current users on the current existing 38 -foot tower can be collocated onto the new one, but I am not privy to those negotiations but I know that there has been some discussions with regard to relocating one of those existing carriers or users on that 38 -foot tower to the new one. Soto answer your question, there will be multiple carriers — Verizon and AT&T — for now. Whether future carriers or users can be accommodated is a question that will be addressed by Verizon as the owner of the tower. It is being built and structurally -supported to allow for additional carriers. It will be built and designed for more than just AT&T and Verizon. Ms. Nogami Streufert: And at this point, the 38 -foot monopole, what does it support right now? Mr. Young: I believe it supports AT&T and one other ... I'm not sure if it is the Board of Water or KIUC — and I may even be wrong at those two — but there is another user on that tower. I am not exactly sure who. Ms. Nogami Streufert: If the 38 -foot monopole is taken down, the Board of Water — let's assume — Water, KIUC, or whomever else is on there, what are their options for co -using the 60 - foot since the 38 -foot is not going to be there anymore? Mr. Young: I know Marisa and Alex and even Ka`aina had been in prior discussions with Verizon to see if an accommodation could be made. I don't know the status of those discussions, though. So to answer your question, at this point in time, I am not aware of any accommodation being made to accommodate the existing user besides AT&T. Ms. Nogami Streufert: Thank you. Vice Chair Ho: Do you have a comment, Alex, on that? Mr. Wong: No comment. As Mr. Young said, Ka`aina has been working on doing more research on, not just the 38 -foot, but there are several towers in the road right-of-way that are also being looked at currently. Ms. Nogami Streufert: Is there any assurance that the ... for example, the Board of Water or Department of Water or KIUC or whomever else is using this particular monopole that is going to be eliminated, that they will have alternatives? Mr. Wong: I cannot answer that question at this time. Ms. Nogami Streufert: Okay. Mr. Wong: Yeah. Vice Chair Ho: Anything else, Commissioners? Your recommendation, Alex. Mr. Wong: Okay. Mr. Wong read the Preliminary Recommendation section of the Director's Report for the record (on file with the Planning Department). Mr. Wong: That concludes my recommendation. Vice Chair Ho: Mr. Young. Mr. Young: Chair, if I may add one addition to what Alex just mentioned, in addition to the installation, the completion of the installation in and of itself does not make the tower operable. We need to go through a several week period of time to integrate the new antenna system into the existing network. So besides simply the completion of installation, I would ask that there will be given a several week period of time to integrate the site so that it will become operational at which time we will then proceed to remove the existing 38 -foot wood tower. Vice Chair Ho: Does that mean during that period there is no service? Mr. Young: No, there will be service. The existing 38 -foot wood tower would still be operational until the new site is built and integrated at which time the new site will be fully operational and then the existing tower — 3 8 -foot tower — can then be removed. Vice Chair Ho: Any further discussions? Commissioners? Mr. Dahilig: So, Commissioners, just to recap in case it is not clear, the 60 -foot monopine is approved. Mr. Wong: Yes. Mr. Dahilig: It is approved already. So it is not an issue of the height; that has already been resolved by previous commission action. It is also not an issue concerning collocation because that has consistently been the preference from the Commission over time to try to consolidate antennas versus having these things spread out all over the island. I would characterize this as really kind of an operational oversight where the words "prior to" provide a gap in coverage that 19 could lead to a health and safety issue, so what we just want to be cleat on from a commission standpoint that the Commission is okay with maintaining operations from a health and safety matter while that monopine is being constructed and integrated so that there is not any loss of service. Because without that cellular tower, there will be a gap in service for a prolonged amount of time. Ms. Ahuna: So technically, we already approved it. Mr. Dahilig: Yes. Ms. Ahuna: And we are just asking to amend it in reference to ... so there is no discrepancy in services given the removal of the old tower, making it functional... for the new tower to function before the old tower is taken down. Mr. Dahilig: Right. It really hinges on those words "prior to" that we are trying to just remove. Ms. Ahuna: Yeah. Mr. Dahilig: Yeah. Ms. Ahuna: So in that regard, can we word it so that the old tower stays up all the way until the new tower can properly function? Mr. Dahilig: Maybe, then, we would add the words "immediately following the installation and activation", just so that it is clear. Ms. Nogami Streufert: Okay. Mr. Dahilig: So we would add the words "immediately following" and then it would say "the installation" and then add the words "and activation" of the 60 -foot monopine. Vice Chair Ho: Is that agreeable to you, Mr. Young? Mr. Young: Yes, it is. Vice Chair Ho: Alright. We need a motion to move on. Mr. Dahilig: We would integrate that as our oral recommendation, Mr. Chair. Ms. Nogami Streufert: I move that we accept the applicant's request to amend Condition No. 5 pertaining to the Class IV Zoning Permit, Use Permit, and Special Permit allowing the replacement of an existing monopole with a new 60 -foot high monopine tower and associated improvements located within a portion of the Kilauea Japanese Cemetery. Vice Chair Ho: I need a second. 20 Ms. Ahuna: Second. Vice Chair Ho: Any discussion, Commissioners? Seeing none. All in favor? (Unanimous voice vote) Motion carried 4:0. Mr. Dahilig Thank you, Mr. Chair. Mr. Young: Thank you. Request for extension of time for Class IV Zoning Permit Z -IV -2011-12 Use Permit U- 2011-12 and Special Permit SP -2011-7 = William E. Robertson Trust & Lucinda McDonald Trust. Mr. DahiliK. We are now on Item No. I.2., the request for extension of time for Class IV Zoning Permit Z -IV -2011-12, Use Permit U-2011-12, and Special Permit SP -2011-7. This is the William E. Robertson Trust and Lucinda McDonald Trust, and Chance is the planner that will be making the presentation on behalf of the Department. Staff Planner Chance Bukoski: Aloha, Chair and Commissioners. Mr. Bukoski read the Summary, Project Data, Project Description and Use, and Applicant's Reasons/Justifications sections of the Director's Report for the record (on file with the Planning Department). Mr. Bukoski: That concludes my staff report. I will hold off on my recommendation. Vice Chair Ho: Are you Mr. Robertson? William Robertson: Yes, I am. Vice Chair Ho: Welcome. Commissioners? Was this for a 2 -year extension? Mr. Bukoski: The request was originally for a 10 -year extension, but I will hold off until my recommendation. Vice Chair Ho: No questions from the Commissioners? Mr. Bukoski, your recommendation. Mr. Bukoski: Thank you, Chair. Mr. Bukoski read the Preliminary Recommendation section of the Director's Report for the record (on file with the Planning Department). Mr. Bukoski: And that concludes— Vice Chair Ho: 5 -year extension? 21 Mr. Bukoski: Yes. And that concludes my recommendation. Mr. Dahilig: Mr. Chair, just to add some context to this, when this permit came up a little while back, there were concerns regarding how this operation would create traffic impacts in the neighborhood. Just to be clear for the record, we have not received any complaints concerning this permit activity. Mr. Bukoski: Correct. Mr. Dahilig: So I think we feel confident in our recommendation for the extension given we have not received any complaints. Vice Chair Ho: Commissioners? Mr. Mahoney: I'll move to approve Special Pen -nit SP -2011-7, Use Pen -nit U-2011-12, and Class IV Zoning Permit Z -IV -2011-12 for an additional 5 -year extension. Ms. Nogami Streufert: Second. Vice Chair Ho: A motion has been made for approval of an extension. Any further discussion? May I have your votes, please? All in favor? (Unanimous voice vote) Mr. Robertson: Thank you. Vice Chair Ho: Motion carries 4:0. Mr. Dahilig: Thank you, Mr. Chair. COMMITTEE REPORTS MITI I VAq am, Mr. Dahilig: We are now on Item K.1. This is Subdivision Committee reports. We have circulated the Subdivision Committee report from this morning. Mr. Mahoney: Chair, the Subdivision Committee report for this morning, two (2) members present; Chair Ho and Sean Mahoney. Tentative subdivision map approval, No. 5-2017-9, Bridget Morse, TMK: 5-5-006:016, recommended approval 2:0. Medeiros Fann, TMK: 2-3- 014:007, 009, and 031, approved 2:0. That concluded the business of the Subdivision Committee this morning. Vice Chair Ho: Thank you. We need a motion to approve. Ms. Nogami Streufert: I move to approve the Subdivision Committee's decisions. 22 Ms. Ahuna: Second. Vice Chair Ho: Thank you. A motion has been made and seconded. All in favor? (Unanimous voice vote) Motion carried 4:0. Mr. Dahilig. Thank you, Mr. Chair. UNFINISHED BUSINESS (For Action) Notice to Appeal the Anininina, LLC, Shoreline Setback Determination SSD 2017-52 for real property situated at 7214 Alamoo Road, Ha`ena, Kauai, Hawaii, identified as Tax Map Key (4) 5-8-008:040. [Deferred 5/23/17.1 Mr. Dahilig. We are now on Item L. This is Unfinished Business. L.1., notice to appeal the Anininina, LLC, Shoreline Setback Determination SSD 2017-52, for real property situated at 7214 Alamoo Road, Ha`ena, Kauai, identified as Tax Map Key (4) 5-8-008 Parcel 040. This item was deferred on 5/23/17. Mr. Chair, we do have in receipt a letter from the requested intervenor, Caren Diamond, and it is —just for your information — it is page 1280 of the PDF this morning. She is withdrawing and dismissing the appeal. The recommended action from the Department would be to receive her communication and dismiss the appeal as requested. So that is all that is required by the Commission, Mr. Chair. Vice Chair Ho: We need a motion to— Mr. Dahilig. A motion to receive and dismiss. Mr. Mahoney: Chair, move to receive and dismiss the letter dated 7/9/17 from Caren Diamond — Notice of Withdrawal of Intent to Appeal with Prejudice. Ms. Nogami Streufert: Second. Vice Chair Ho: Seconded. Motion has been made and seconded. All in favor? (Unanimous voice vote) Motion carries 4:0. Mr. Dahilig: Thank you, Mr. Chair. In the Matter of the Application of Mohala Ke Ola Management, LLC for a Use Permit and Class IV Zoning Permit on property situated at Kapa`a, Kauai, Hawaii, identified by Kauai TMK No. (4)4-2-009: 011 containing 18,739 square feet; CC -2015-13 and CC - 2016 -3. [AH closed 6/23/15, deferred 6/27/17.] Mr. Dahilig: We are now on Item L.2. This is in the matter of the application of Mohala Ke Ola Management, LLC for a Use Permit and Class IV Zoning Permit on a property situated at 23 Kapa`a, Kauai, Hawaii, identified as Tax Map Key: (4) 4-2-009 Parcel 011 and containing 18,739 square feet; also referenced as Contested Case Hearing No. CC -2015-13 and Contested Case Hearing No. CC -2016-3. The agency hearing was closed on June 23, 2015 and the matter was deferred on 6/27/17. There is a Supplement No. 3 of the Director's Report that has been circulated. Mr. Chair, Marisa Valenciano will be presenting the supplement for the Director's Report on this matter. Staff Planner Marisa Valenciano: Good morning, Chair and members of the Commission. Ms. Valenciano summarized the Summary, Project Data, Project Description and Use, and Additional Findings sections of the Supplement No. 3 to the Director's Report for the record (on file with the Planning Department). Ms. Valenciano: So I just wanted to summarize the reason for some of the delays as well as the reason why we are back with this application again before Commission. This concludes my presentation of the report. Vice Chair Ho: Is this your case, Mr. Chun? Jonathan Chun: Yes, it is. Thank you. Good morning. Jonathan Chun on behalf of the applicant. The Planner is correct in terms of the past history of this matter. I just wanted to note that yes, at the June 27"' meeting, the Commission did approve the settlement agreement authorizing the issuance of the pennit, along with the conditions. Subsequent to that, the Department submitted this supplemental report and I believe — and correct me if I'm wrong — that in the report there are a couple matters that the Department would request the Applicant to see if they would agree to the change in the conditions that were different from what the Commission approved on June 271h. The Applicant, specifically on Item No. 5 which is having fire extinguishers in the rooms, would agree to have that added as a new condition despite the fact that it wasn't included in the stipulated decision. Also, as part of that, the Department recalculated the EIA fee and that would be in Condition No. 11 on page 12 of the report. They recalculated the EIA fee. Previously, we agreed to a $400 EIA fee based upon what we thought at that time was the parking requirement for the County. They recalculated it and they felt that $300 would be required. We are not arguing with that, so they reduced the EIA fee to $300. So we are not arguing or against that. So we would agree to those two (2) changes that are different from the stipulated decision. There is one, I think, I talked over with Matt Bracken and I believe there is an agreement. There is a condition — No. 17 in the final report — that you have in front of you that is a little bit different from the stipulated decision and I believe the Department — and correct me if I'm wrong — the Department would be agreeing to just go back to the original language in the stipulated decision. But the other two we would be okay; the Applicant is agreeable to change those two (2) matters. Vice Chair Ho: Excuse me, Mr. Chun. Mr. Chun: Do you want me to read that one? 24 Vice Chair Ho: Yeah. Mr. Chun: Sure. If I may. Do you want me to do it or you want to...? Mr. Dahilig: Well, just for formality purposes since we do have counsel here, it is probably best that we bring counsel on record for our department to just concur with the statements by Mr. Chun before we get into any conditions. First Deputy County Attorney Matt Bracken: Matt Bracken for the Planning Department. The Planning Department would agree with Mr. Chun's representations. It would be No. 4 on the report. We essentially are agreeing to withdraw that as it is already covered on the stipulation. Vice Chair Ho: Is that correct, Marisa? Ms. Valenciano: That is correct. Vice Chair Ho: Okay. Mr. Bracken: Thank you. Mr. Chun: So with that understanding, the applicant is agreeable to the changes that are contained in the revised report from the Department. If you have any questions, we would be happy to answer them. Mr. Dahilig: So I guess, Mr. Chair, unlike the normal permit situation, because there is a stipulated agreement, it would be an approval of the permit based on the stipulation as presented, not as a full permit recommendation for approval. So because we have already stipulated to that, the proposed action, if there is any by the Commission, would be to approve the stipulated agreement to issue the permits. Mr. Chun: I think they did that already (inaudible). Mr. Dahilig: But I'll publicly ask (inaudible). Ms. Higuchi Saye lg isa: No, I think at the June 27`h meeting, the agreement was approved. It is the approval specifically— Mr. Dahilig. It is the issuance of the permits pursuant to (inaudible) of the stipulation. Ms. Hi uchi Sayegusa: —of the permits subject to the terms stipulated to. Mr. Dahilig: Right. Mr. Chun: Right, and I would agree on behalf of the applicant that the conditions as amended today are acceptable to the applicant. 25 Mr. Dahilig: Are orally stipulated to. Mr. Chun: Right, right. Ms. Higuchi Sayegusa: Okay. Mr. Chun: Okay? Clear as mud? Ms. Higuchi Sayegusa: Clear as mud. Mr. Chun: Okay, thank you. (Laughter in background) Vice Chair Ho: Jodi, could you frame that motion, please, for us? Ms. Higuchi Sayegusa: Okay. I guess the motion would be to approve the Class IV and Use Permits as stipulated in the agreement in the stipulation that was approved on June 27'11 as amended today. Mr. Chun: Right. Vice Chair Ho: Commissioners, could I have a motion? Ms. Nogami Streufert: I so move. Vice Chair Ho: Second? Mr. Mahoney: I'll second. Was that motion good? Vice Chair Ho: Yes. Yes, it was. A motion has been made and seconded. Any discussion? A vote, please. All in favor? (Unanimous voice vote) Motion carries 4:0. Mr. Dahilig: Thank you, Mr. Chair. NEW BUSINESS Class IV Zoning Permit Z -IV -2017-14 and Use Permit U-2017-12 to allow construction of a community agricultural center that will include 2 pavilions, a fruit stand cafe, luau preparation area, restroom facilities, office/equipment barn and associated site improvements on a parcel located along the makai side of the Kilauea Road/Kahili Quarry Road intersection in Kilauea, further identified as Tax Map Key: 5-2-004:099, and affecting a portion of a larger parcel containing 75.431 acres = Aina Hookupu O Kalauea. [Director's Report received by Clerk of the Commission, Michael Dahilig, 7/11/17. wo Mr. Dahilig- We are now on Item M. This is New Business for Action. We refer back to F.2.b., Class IV Zoning Permit Z -IV -2017-14 and Use Permit U-2017-12 to allow construction of a community agricultural center that will include 2 pavilions, a fruit stand cafe, etc. at Tax Map Key: 5-2-004 Parcel 099. Chance will be providing the report on behalf of the Department for this application. Mr. Bukoski: Aloha, again, Chair and Commissioners. Mr. Bukoski read the Summary and Project Data sections of the Director's Report for the record (on file with the Planning Department). Mr. Bukoski: Chair, this is a fairly long report so I am going to try to summarize as best as possible. Vice Chair Ho: Thank you. Mr. Bukoski read the Project Description and Use, Additional Findings, and Preliminary Evaluation sections of the Director's Report for the record (on file with the Planning Department). Mr. Bukoski: That concludes my staff report. I will hold off on my recommendation. Vice Chair Ho: Is someone here from (inaudible)? Ian Jung: Chair, if I could put these up on the board. Vice Chair Ho: Sure. Make yourself at home. Mr. Jung: Good morning, Chair and members of the Commission. Ian Jung on behalf of the applicant, Aina Hookupu O Kilauea. The proposed application as described by Mr. Bukoski is for the Kilauea Agricultural Community Center. Many of you have heard the testimony this morning about this project. It was thirty (30) years in the making. The course that was charted years ago was a part of the Seacliff Subdivision; if you look on the top there on the photo realistic depiction. That was a large subdivision, agricultural subdivision that occurred in the late `70s and early `80s, which also required an SMA. As a condition of that SMA, the remnant piece, which is this parcel now — the 75 -acre piece — was intended to be for agricultural use and that was residential use. A few iterations went through before the Planning Commission and through the Kauai County Council about what to do with the parcel and ultimately, in 2006, after none of those plans ever came to fruition, the County accepted the property — the seventy- five (75) acres — from the developer and moved forward with a few studies to try and identify what to do. At the end of a few studies, it became apparent that there were some problems with trying to identify the best use out there in terms of putting it into agriculture. So in 2014, after the County did an Enviromnental Assessment, which was kind of a cost inhibitor for people moving forward with the project, it became apparent that the community should get involved and with the community involvement, the County approved and the Council approved a stewardship agreement. What the stewardship agreement allowed for is for community members, through a 27 non-profit, to get together and come up with a plan to utilize the land and create some facilities for its use. So in 2015, the applicant, Aina Hookupu O Kilauea, came before the Council to amend the stewardship agreement which allowed for them to take control over the property. The stewardship agreement is for a period of ten (10) years and the County still remains ... land owned by the County. So in the proposed project, what we have proposed at the top there, and if I could... everyone can see it okay, right? Okay. So at the top there, we have two (2) pavilions. The first two (2) pavilions are going to be used for the agricultural use. One of the pavilions, we had it unfortunately labeled as luau facility, but it is not luau in the more modern sense of the word. It is more a luau in the more historical sense of the word where it is a gathering for people to come together as a family or community to,hold parties. Okay? So not an actual luau like the Smith's Tropical Luau. The second pavilion — more makai — is the proposed fruit stand where we are going to have the Sunshine Market. The Sunshine Market in that area is ... you can kind of see some of the cars that are backed up in there. There are some grasscrete that is proposed to have the access point going in where the vendors can pull their vehicles right up to the back of that facility there and deliver the produce right under the covered area. Those two (2) structures comprise a total of about 5,700 square feet. The usage will remain an open-air usage where people can have an open pass through coming through them without any enclosed facility. The two (2) structures that are bounded by the two (2) pavilions, the first one toward the road — Kilauea Lighthouse Road — is the proposed fruit stand. Okay, and that is the real reason why we are here because as you know with State Land Use Law, in 2012 it was changed in an evolving policy that they were going to allow outright on State Land Use Agricultural lands to have agriculturally -based commercial activities. If the food and produce were produced on-site or in Hawaii, then you could actually get a permitted use on State Land Use Agricultural for that type of agricultural activity. So for the fanners' market, as well as the fruit stand cafe, those are all permitted; that is why you don't see a Special Pennitaccompanying this pen -nit set. County law through the CZO has not caught up to the policy, so technically, with any commercial operation, we will have to come in for a Use Pen -nit and go through the compatibility standard that Chance just read through. So the reason we are here is for the commercial component, which Yoshi will explain to you, is secondary to the primary use which is proposed for this overall project, which is agriculture. In the photo realistic depiction there, you can see how some of the ag plan beds are already in place. On the site plan map there, you can see the farm plots. It is labeled Phase 1 for the farm plots and Phase II is the commercial component. The idea behind the commercial component is to basically allow the non-profit to get a return on funds to then return back toward the infrastructure costs and the maintenance and management of the overall project. With that said, I will take any questions you have on the project itself. In terms of operation and management, Yoshi is here. He is the executive director of Aina Hookupu O Kilauea and he can answer any questions you may have with regard to the operation of the facility. And if there are no questions, I think Yoshi does want to say a few words. Mr. L'Hote: Aloha. Good morning, Commissioners. I am here on behalf of Aina Hookupu and represent the Board. We are very excited to finally be here in front of you to ask for this 'FQ implementation of Phase II, which also includes bringing surface water to the site which we received funding from the State Legislature to implement. That was the reason why we limited ourselves to a Phase I, is our limitation in our water availability. However, in the process, we realized how much we need covered area to just be able to process agricultural product and even though other uses for those buildings when they are not being used for ag might include a pa`ina and different activities in the buildings, the primary reason we have this is ... I don't know if you see in the second map, there is a processing barn and storage barn that is proposed, but I really don't know when that is going to be able to be implemented. So in the meantime, as we are expanding our farm production, we will need to have a place to pack and wash and be able to put our produce for sale. We just learned that there is a pilot project that is going to start on Kauai that is a farm -to -school project and the Kilauea school will be cooking food from scratch for Hanalei and Kilauea. They want us to partner with them and grow produce for them, and that, again, having a bathroom is part of food safety. We need to have at least a bathroom within five (5) minutes from the fields and we need a place to wash and pack. So those elements are really vital to our growth. This pilot project starts in January so it is paramount that we kind of move forward with this development and that is truly the focus of what we want to do. We are a non- profit, so our commercial venture will just help the site. It is not meant to benefit any individual or any one business. It is really to put back into the community and especially into the infrastructure of this site which will be quite expensive. When we get to a big processing plan, it will be a several million dollars, and even currently, our expenses are in the millions. (Laughter) This is the reason why the County was not able to implement their master plan which they have worked really hard — George Costa — to develop from 2006 to 2014. Their price tag was $7 million, I believe, to do everything and that is what basically stopped everything. That is when the community had asked to participate as we believe that, as a community, we are able to provide services and implementation at a cheaper rate the County might be able to get it for. So we do ask for your support today in giving us the ability to move forward. Mahalo. Vice Chair Ho: Commissioners? Ms. Ahuna: I would like to say that you guys did an awesome job in getting the community together and I have only heard positive things about this ag park. I know there were a few concerns from the KNA Board that came forward, but in speaking to some of the organization members here earlier, it seems like you guys have been keeping the community apprised through KNA with monthly reports. I don't know how the community cannot be involved if it has been going on since 1976. The application has been in for over thirty (30) years now so this is amazing to actually see it move forward. I think it is really awesome for Kauai. Vice Chair Ho: Ms. Streufert. Ms. Nogami Streufert: I think this is a great idea and I did hear about that whole farm -to -table kind of thing. I think that is very good to hear that there are ways that kids are going to learn how to be healthier from this whole thing. One of the concerns, I think, was that that is the Kilauea Lighthouse Road that abuts it and the pavilion will be right next to that road with the fruit stand or the food stand. You can only sell it from inside the area, not on the road. People are not going to be parking on that road. Is that correct? al Mr. L'Hote: There is a stone wail there. You would have to drive in and park inside. Ms. Nogami Streufert: Right. Mr. L'Hote: There is no access from Kilauea Road to the fruit stand. Ms. Nogami Streufert: Because I think that was one of the concerns about what that is going to do to the traffic on the road and I think you've got that addressed. I think it is a great effort; wonderful. I hope you can expand it to more than the acreage that you have right now. Mr. L'Hote: That's the plan. Vice Chair Ho: Do you get any kind of government subsidy or help? Mr. L'Hote: Of course Council has been one of the biggest help over the last three (3) years. They have supported us, I believe, with almost $240,000, so that has been very helpful. We did receive one (1) legislative grant, a GIA grant, for $120,000 two (2) years ago, and we just got awarded $460,000. We also have Department of Ag supporting the legislative effort and they will be helping us as well with the water line, but nobody knows how much money they made this year so they don't know how much they can give out. We also have applied for two (2) USDA grants; one for implementation of development of a farmers' market, as well as a food hub planning grant which we hope to execute and eventually provide a comprehensive way for our locally -produced goods to be distributed and sold around the island. Vice Chair Ho: Ian, at the end of the lease, any of the improvements on the property, do they get any kind of money back for that? Mr. Jung: No, they remain the County of Kaua`i's property on that. One follow-up item I would like to note to the Commissioners is post our visit with the Kilauea Neighborhood Association, there was a concern about the agricultural -based special events, which is sort of like having farm -to -table type events or ag-based farm fairs. In meeting with the KNA, we decided with the applicant that we can limit those events to an ending period of 9:00 p.m., alright, so we worked with Chance to put in a condition to that effect. So in addition to the recommended nine (9) conditions, we did agree to the two (2) other additional conditions. Vice Chair Ho: Chance, your recommendation, please? Mr. Bukoski: Based on the foregoing evaluation and conclusion, it is hereby recommended that Class IV Zoning Permit Z -IV -2017-14 and Use Permit U-2017-12 be approved. Would you like me to go through all of the conditions as well? Vice Chair Ho: Do you understand the conditions, Ian? Mr. Bukoski: Just to note, too, as well, Supplemental No. 1 for the Director's Report does have additional findings. In the Additional Findings' list, I do have two (2) additional conditions to be imposed. Would you like me to read them as well? Vice Chair Ho: Yes, please. Mr. Bukoski: Okay. Condition No. 10, the Applicant shall ensure all agricultural -related special events on the subject property end prior to 9:00 p.m. And Condition No. 11, the Applicant shall work with the County of Kauai to withdraw and/or revoke Class IV Zoning Permit Z -IV -1994- 56, Variance V-1994-56, and SMA Permit (U)-1994-14 regarding a prior permit issued on November 10, 1994 for a community park, school site, and botanical garden. Vice Chair Ho: You are going to revoke that? Mr. Bukoski: The Applicant is going to work with the County to withdraw or revoke it, just so we don't have any overlapping permits. Mr. Jung: Yeah, and that plan was a very central plan back in the day for what it was proposed to be, so we will work with the County, who will withdraw those permits, so there is no duplication of permits on the property. Vice Chair Ho: Any further discussion, Commissioners? Ms. Nogami Streufert: Just a question. Vice Chair Ho: Sure. Ms. Nogami Streufert: Does that mean that there are now eleven (11) conditions on this? Mr. Bukoski: Correct, ma'am. Ms. Nogami Streufert: Thank you. Vice Chair Ho: Anyone else? Mr. Mahoney: Chair, I would like to make a motion to approve Class IV Zoning Permit Z -IV - 2017 -14 and Use Permit U-2017-12. Ms. Ahuna: I would like to second that motion. Vice Chair Ho: Motion is made for approval and seconded. Further discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carries 4:0. Mr. Jung: Alright. Thank you, Chair and Commissioners. Appreciate it. (Applause) Mr. Dahilig: Thank you, Mr. Chair. 31 ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lihu`e Civic Center, Mo`ikeha Building, Meeting Room 2A-213, 4444 Rice Street, Lihu`e, Kauai, Hawaii 96766 on Tuesday, August 8, 2017. Mr. Dahilig: We are now on Item N. These are Announcements. Topics for Future Meetings. We have circulated the on -deck sheets for your review. Just looking ahead, our intention from a Planning Commission standpoint is that the next meeting will be August 8th. We are trying to consolidate our agendas so that we are not having a meeting the second meeting of August on August 22nd; I believe is what we are trying. Vice Chair Ho: Is this the time to make a request for something to be placed on the agenda? Mr. Dahilig: Yeah, we can actually also add stuff to the agenda if need be. Vice Chair Ho: Mike, could you brief us ... a quick briefing on Coco Palms? What the status of that is and where it is at? Mr. Dahilig: Sure. I can actually do it now if you would like, but the attorney is shaking her head. (Laughter) Ms. Higuchi Sayegusa: Sorry, it has to be on the agenda. Mr. Mahoney: Agenda'd item. Ms. Higuchi Sayegusa: Agenda'd item. Yes, thank you. (Laughter) Mr. Dahilig: We can definitely — at the next meeting — give you an update. I am actually meeting with their agents on Thursday, so I can probably provide the most up-to-date information to the Commission at that meeting, so we can add that as well. Ms. Ahuna: August 8t''? Mr. Dahilig: August 81h, yeah. Just looking forward, also, Mr. Chair, Leslie will be ... she will be right back with the lunches, but I just wanted to also give the Commission a heads -up that September 20t11 through 22nd is the Hawaii Congress of Planning Officials (Conference). It is being hosted by the City and County of Honolulu. If you are interested in attending, we can definitely make arrangements to have you be in attendance at the annual meeting. Otherwise, then, Mr. Chair that is all the business that I have for the Commission to act upon and ... that's all. 32 ADJOURNMENT Vice Chair Ho: Seeing that, I need a motion to adjourn, please. Ms. Ahuna: I make a motion to adjourn. Mr. Mahoney: Second. Vice Chair Ho: All in favor? (Unanimous voice vote) Motion carries 4:0. We are adjourned. Thank you. Vice Chair Ho adjourned the meeting at 11:25 a.m. Respectfully submitted by: rParcie+Aggan.,- Commission Support Clerk ( ) Approved as circulated (add date of meeting approval) ( ) Approved as amended. See minutes of meeting. 33