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Home My WebLink About 05/13/2015 Planning Committee minutes MINUTES PLANNING COMMITTEE May 13, 2015 A meeting of the Planning Committee of the Council of the County of Kauai, State of Hawaii, was called to order by Mason K. Chock, Chair, at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kauai, on Wednesday, May 13, 2015, at 9:44 a.m., after which the following members answered the call of the roll: Honorable Gary L. Hooser Honorable Ross Kagawa Honorable KipuKai Kuali`i Honorable Mason K. Chock Honorable JoAnn A. Yukimura, Ex-Officio Member (not present 11:21 a.m.) Honorable Mel Rapozo, Ex-Officio Member (not present 10:40 a.m.) Recused: Honorable Arryl Kaneshiro (on Bill No. 2576, Draft 1) Minutes of the April 15, 2015 Planning Committee Meeting. Upon motion duly made by Councilmember Kuali`i, seconded by Councilmember Kaneshiro, and carried by a vote of 4:0:1 (Councilmember Hooser was excused), the Minutes of the April 15, 2015 Planning Committee Meeting was approved. Committee Chair Chock: Councilmember Kagawa. Councilmember Kagawa: Since we have the consultant here, can we take up... Committee Chair Chock: We will be taking Bill No. 2576, Draft 1 first. Councilmember Kagawa: Thank you. Committee Chair Chock: If we could read Bill No. 2576, Draft 1 first? Councilmember Kaneshiro will be recused. Council Chair Rapozo: Committee Chair real quick. Committee Chair Chock: Sure. Council Chair Rapozo: Is PL 2015-01 going to be deferred? I understand there was a request from the Administration to have that deferred. Committee Chair Chock: Correct, there is a request for a deferral. Council Chair Rapozo: I would suggest take that up while Councilmember Kaneshiro is here, so he can leave, and then he does not have to wait and come back. I do not anticipate...I mean it is going to be deferred. PLANNING COMMITTEE 2 MAY 13, 2015 Committee Chair Chock: Yes, I am happy to do that as long as we do not go an hour into discussion before we defer. Councilmember Yukimura: Committee Chair? Our plan is to adjourn at 10:45 a.m., so that gives us an hour. I have a Sustainable Transportation Meeting that I have to attend, so I will not be here in the afternoon. I would like to take the matter up first. We have a consultant here, we are paying her, and that was the original plan in the original request. I would like to have the discussion this morning. Committee Chair Chock: Understood. I know that we are on a time schedule. Council Chair Rapozo: Committee Chair, the plan is not to adjourn at 10:45 a.m., it is to recess at 10:45 a.m. Committee Chair Chock: Sure. Council Chair Rapozo: The plan is to recess at 10:45 a.m. for the Police Week function, and then come back after that if we need to complete the item. Committee Chair Chock: Again, I am willing to address the deferral right now without further discussion, if that is the wish of this body. That way we can do this in a few minutes rather than drag it out. Councilmember Kuali`i: That would be my wish. Committee Chair Chock: And then we will move right into this Plan. Councilmember Kagawa: I am fine too. Committee Chair Chock: Okay, would anyone like to testify on this item? Come up, Pat. The Committee proceeded on its agenda item, as follows: PL 2015-01 Communication (05/07/2015) from Council Chair Rapozo, requesting the presence of the Planning Director and the County Attorney, to explain the process that occurs before and after the Public Access, Open Space, Natural Resources Preservation Fund Commission selects properties for acquisition, including a detailed summary of the Commission's current priorities; and the Eminent Domain process, and how it relates to the Commission's process and the acquisition of properties. (This item was Deferred to June 24, 2015.) There being no objections, the rules were suspended. PAT GEGEN: Aloha. My name is Pat Gegen. Full disclosure, I am a member of the Public Access, Open Space, Natural Resources Preservation Fund Commission currently serving as the Chair, but I am here representing myself. My views do not necessarily represent all of those on the Open Space Commission. The fact that this item has been deferred actually feels very familiar because it is kind of how things have been going with the Open Space PLANNING COMMITTEE 3 MAY 13, 2015 Commission. It does not seen that Open Space is a priority for anybody who is working with us. To give you an example, the Hoban property which I know you have discussed somewhat a week ago, the recommendation to acquire that was originally presented and voted on in January 2014. Our recommendations are supposed to go to the County Council. Have you received that recommendation from the Open Space Commission, if not, why is it taking sixteen(16) months for a recommendation coming out of a vote of the Commission to get here? It still has not gotten here. When I say that the deferral seems familiar, it does. There was a lot of discussion regarding accesses and trying to get those, the ones that we do not have to spend money on, I guarantee you that the Commission has asked for letters to be written for Kauapea, Kaakaaniu, for the Summers property down by Rock Quarry, and those letters seem very slow in getting written. When we do not get a response, there is no follow-up that is done. We finally have asked for a spreadsheet so that we can track these better, but that is something...why should the Commission have to ask for that? We are also looking at willing landowners. We have three (3) specific properties where we have willing landowners. If we were to buy those, that would deplete our Fund fully. Some of them are better than others, but they are there. We have looked at other accesses where we know that we would be fighting a domain type issue, for instance, going up towards Alexander Dam, trying to get access to the interior, but we know that we do not have a willing landowner. The Commission takes a look at that seriously and says, "Do we want to spend that kind of money for this type of thing." We are looking at our priorities. I will just say that the funding...to cut it back to 0.5%, I think is very shortsighted. It is not long-term thinking. If you take a look at the Waipa property which just came up a month and a half ago, we are in a position where we are able to spend some funds towards that and not tax the County additionally for that. Why, because we have let that bank account grow. We are ready for things like that. By limiting the funding that is going to the Open Space, it is going to make it much more difficult for us to be able to react when we do have an opportunity like that. I know my time is coming up. Again, I am disappointed that we did not have the discussion today, that it is deferred, but being part of the Open Space Commission, that is typical about how we are treated. Thank you very much. Committee Chair Chock: Thank you. Council Chair Rapozo: I have a question. Councilmember Yukimura: Point of order. Which item are we on? Committee Chair Chock: We are on the first item of the day, and while we did make a request for the South Shore Plan to be first on the agenda today, I am considering that we make a straight deferral of this item because we are not prepared at the Planning level. Councilmember Yukimura: South Kaua`i? Committee Chair Chock: No, on the Open Space. I am taking this item in order to get it out of the way, right now, and move us forward to what we need to. We have an hour before our consultant leaves and we have about forty (40) somewhat amendments. We will most likely not get to 10:45 and finish them all, and so we will have to recess and come back to continue it. If there is a need for a deferral in the future, then I will entertain that, but I want to get through as much as we can. Since there are people waiting for this item, and they need to leave, that is why I have taken this up. Would anyone else like to testify on this item? Thank you. PLANNING COMMITTEE 4 MAY 13, 2015 The meeting was called back to order, and proceeded as follows: Councilmember Kagawa moved to defer PL 2015-01, seconded by Councilmember Kuali`i. Council Chair Rapozo: Hang on...I do have... Councilmember Kagawa withdrew the motion to defer. Councilmember Kuali`i withdrew the second. Council Chair Rapozo: That will be fine. I can send it in writing. Councilmember Kagawa moved to defer PL 2015-01, seconded by Councilmember Kuali`i, and unanimously carried. (Councilmember Kaneshiro was recused from Bill No. 2576, Draft 1.) Bill No. 2576, Draft 1 A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS, PROCEDURES, ZONING, DEVELOPMENT PLANS, AND FUTURE GROWTH AREAS FOR THE SOUTH KAUAI PLANNING DISTRICT, AND ESTABLISHING EXCEPTIONS, MODIFICATIONS, AND ADDITIONS TO CHAPTER 8 AND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED (Deferred 04/15/2015) Councilmember Kagawa moved for approval of Bill No. 2576, Draft 1, seconded by Councilmember Kuali`i. Committee Chair Chock: Committee Members as I mentioned, we have quite a bit of amendments on the table today to look through. Our consultant is scheduled to leave at 10:45 a.m., as we have planned. I would like to take on...I am sorry...we are planning on recessing at 10:45 a.m. I would like to take her items because basically she has some amendments that she wants to put forth, so I would like to take hers. We also have amendments by myself, Councilmember Kuali`i, and then Councilmember Yukimura. What I would like to do is be able to get through what we can today with her, and as many of Councilmember Yukimura's because from what I understand, I got another note this morning that she will not be here after the recess until 5:00 p.m. for the public hearing. Most likely, this will be deferred if we cannot get through it today. I will entertain process questions, Councilmember Kagawa. Councilmember Kagawa: I have no problem with Councilmember Yukimura presenting her amendments first if it makes sense, but it still does not preclude us if she leaves and we come back to order for a vote, because she is not a voting member anyway. Generally, I have a belief that if we are going to change the direction of the group members, I will not be supporting those types of amendments. I will be supporting typographical amendments and clarification as to what specific areas were left out by the group, but as far as substantive changes that will be opinions of Councilmembers as to how they see the Plan, I will not be supporting those type of amendments. Thank you. PLANNING COMMITTEE 5 MAY 13, 2015 Committee Chair Chock: Councilmember Hooser. Councilmember Hooser: I just wanted to encourage the Committee to take the time necessary to deal with this issue. I understand that the consultant has limited time, and our schedule is limited, but I do not think we should try to cram all this in to a certain amount of minutes. We should take the time necessary to...at the end of the day approve the best Plan possible. I think the Committee and the Council's input on the Plan is as important as everyone else's in the process. We are part of the process and we should not neglect that process or participation. I have an amendment by request, I believe, it is from the consultant and I will introduce it when you say it is the appropriate time. Committee Chair Chock: Okay. What I would like to do is get a confirmation from Councilmember Yukimura who is not on the Committee, but does have a significant amount of amendments being put forth. Understanding the time consideration that we have today, and that you will be absent in the afternoon, if you would like to forgo at this time to be second on the list to introduce your amendments and potentially move it towards a deferral to introduce it. I just want to hear from you. Councilmember Yukimura: If the Committee would give me the courtesy of deferring the Committee work one more time, I do not need to propose it today. I too believe that we need thorough discussion of these issues. This is a twenty (20) year plan. It is going to give us guidance over the next twenty (20) years. It should not only be technically correct, it needs to be policy-wise correct, and we need to take the time to discuss it. However, my amendments are concurred by the Planning Department except for two (2). I do not know that they will be that controversial. In many cases they are clarifications to make things clearer, and it is really important that a plan be clear. I hope that the Committee will look at that in that context. Committee Chair Chock: Thank you. Councilmember Yukimura: If there is a willingness to...otherwise I am going to bring this up at the Council level, and if you want to have the discussion at the Council level that is fine, but I think the Council Chair and others have said that the Committee work should be done in Committee. I believe this is part of the Committee work. Committee Chair Chock: Council Chair. Council Chair Rapozo: You are correct, we are not going to have amendments at the Council level. I need clarification and a nod of your head, the consultant; do you have to leave at 10:45 a.m.? You are here as long as we need you, right? Okay. Because we are the client, we are paying you, and you stay as long as we need you. Unless you were told by the Planning Department that you could leave earlier, but anyway, that is my concern. I get tired when we get consultants...not for you because it has not happened with you, but with other consultants, we hear, "We have to do this by 10:00 a.m. because the consultant has to leave." That is not appropriate on Council or Committee Meeting days. I just want to make sure she is available for after we get back from our recess, and you know what at 10:45 a.m., we do not have to go to that function. That is a ceremony in which we do not all have to attend. I can attend to represent the Council, I am not on the Committee. Please, do not use that as an excuse, this is very important, and I agree with Councilmember Yukimura. The other thing is it is important, so if you have another function to go to, PLANNING COMMITTEE 6 MAY 13, 2015 that is your prerogative. You make that call or decision. If this is your priority, if you want it, let us do it today. If you have amendments Councilmember Yukimura, do it today, because it is not going to be done at the Council. Councilmember Yukimura: Council Chair, I have worked... Committee Chair Chock: I appreciate the clarity, and I just want to say there is an explanation as to the direction we are heading in. If the Committee is committed to doing the work then we forgo the proceedings that we agreed to, during our last meeting. I am going to let the Director respond. There being no objections, the rules were suspended. MICHAEL A. DAHILIG, Director of Planning: Good morning, Councilmembers. We do have our consultant available all day today. Council Chair Rapozo: Thank you. Mr. Dahilig: I want to be clear on that. I do want to caution the Council that every time you bring the consultant in, there is a cost that is involved based on the contract. Per our current scope-of-work, we have actually exceeded the amount of meetings that we were able to bring in the consultant. We have been moving money to try to accommodate this process, but I do not want to give the impression that the consultant is...we have a deep well per se to continue to keep bringing the consultant for subsequent meetings. I would just ask the Council to be aware of it. It is not by no means an ultimatum or a dictation to this body, but it is a financial matter that we have to wrestle with as the amount of meetings, we already exceeded those, and we are working to try to at least accommodate these extra meetings that are coming up. The meeting was called back to order, and proceeded as follows: Committee Chair Chock: Thank you and that is why we are taking the consultants amendments first, just so that we can get those out of the way in the event that this does get deferred, we know that hers are taken care of. Councilmember Yukimura. Councilmember Yukimura: So, if we had started as our rules and procedures go with this item as the very first item at 9:30 a.m., when we started, we would have been able to get through this, but we did not follow those rules, and now we are here at 10:00. This other thing that I am going to is a Statewide meeting on sustainable transportation that is going to have people from EPA (Environmental Protection Agency) and Smart Growth, and that is why I want to be there because transportation is such an important thing. It is not a personal or nonrelated to my work. It is the core of my work. If you force me to choose, I will have to choose, but if I choose to go I will offer amendments at the Council Meeting because that is not something that anybody can restrict. I am hoping that there will be some courtesy about this. I am trying to do my work. I have worked so hard to have this issue ready for today and these amendments are not trivial or unimportant and most of them are not contrary to having a good plan that is going to give us good guidance. Committee Chair Chock: Thank you. Councilmember Kagawa: Committee Chair? PLANNING COMMITTEE 7 MAY 13, 2015 Committee Chair Chock: Let me respond. We go in circles here and we really need to get to the work. This is our second week in a row that we, at the Committee level, had to try and move things forward because of Councilmembers needing to leave. We will get to this, do not worry. I am trying to be considerate of you as we were last week to others, but I am the Chair of this Committee and so we are moving the way I am expecting to move through it. With that, I would love to be able to move into these amendments right away, unless there is more discussion on the process. Council Vice Chair. Councilmember Kagawa: I am just confused. I just said I would support typographical, clarification amendments, and Councilmember Yukimura is paranoid that I will not support those. I do not know why we have to go in this direction. Let us take the amendments. Let us not say, "No matter what we have to do, we have to go to another meeting." If we can vet it, if we end up passing it and it takes us to 5:00 p.m., then let us do it. Committee Chair Chock: Thank you. Councilmember Kagawa: I do not know why we are grumbling about something that we do not even know. Committee Chair Chock: Thank you so much. Did you have something else to share before I get this introduced? Councilmember Hooser: I think what I am hearing Chair say is that appropriate time will be allotted to Councilmember Yukimura to discuss the amendments that she is going to be proposing. Committee Chair Chock: That is my intention. Councilmember Hooser: Whether it happens today or whether it happens at a future point in time. Committee Chair Chock: That is my intention, and really it is just a judgement call whether it should be now or later. Councilmember Hooser: Alright, thank you. Committee Chair Chock: If we get to it, then we can make a determination sooner. Councilmember Kuali`i. Councilmember Kuali`i: I just wanted to go on the record and make it clear that I concur with all of Vice Chair Kagawa's comments and so without Councilmember Kaneshiro here, having been recused, we have a Committee of four (4), and that leaves us with potentially a 2:2 vote on anything and everything. We could be spinning our wheels, is what I wanted to say. Committee Chair Chock: Councilmember Hooser. Councilmember Hooser: Not to belabor the topic, but Chair I would like to be clear that my vote is reserved until I actually hear the amendments, until I actually hear the people talk about the amendments, until we hear public testimony on the amendments. I am not going to say that I am not going to support an PLANNING COMMITTEE 8 MAY 13, 2015 amendment until I hear the amendment and I encourage everyone to have an open mind to that and not just state upfront that, "I am not going to do this or that." I think we are all seven (7) smart, hardworking, dedicated people around this table, and I think we owe each other the respect to listen to what each of us brings to the table. Thank you. Councilmember Kuali`i: And I think we owe each other the respect to realize that of course we will all listen to all amendments and make the decision that we think is in the best interest of our aina and people. Committee Chair Chock: Thank you. I will entertain the introduction of the amendment by the consultant at this time. Thank you so much. Councilmember Hooser moved to amend the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 1, seconded by Councilmember Kagawa. Committee Chair Chock: Does everyone have a copy? Just so everyone is aware, we have the actual amendment and the matrix that goes along with it. It is a little easier to read, in my opinion, with the matrix. Councilmember Kuali`i: Committee Chair? Committee Chair Chock: Yes. Councilmember Kuali`i: As these are labeled as "consultant proposals," will we be hearing some kind of presentation or overview by the consultant at this time? Committee Chair Chock: I would like to suspend the rules, if necessary, to review the amendments and then work through these first, and then move on to the next set. With that, I would like to suspend the rules. There being no objections, the rules were suspended. KIMI YUEN, Lead Consultant, PBR Hawaii: Aloha. Thank you again for having us here. The bulk of our requested amendments was discussed that they are mainly clarifications, textual kind of edits, typographical edits where we had updated information. Say we talked to a Principal or we talked to some agency folks — we updated that information as well. There was an update to the SMS projections for the text study for the General Plan, so that came in and affected the visitor unit projections which we went over in our original presentation. We just forgot to update the report with the updated numbers. There are things like the round figured number, just clarification of language to be more specific, there are some outdated information that we are cleaning up, but that is the bulk of it. At the end, a bunch of amendments to Appendix C which is the form-based code, and a lot of it had to do with section numbering that was off and again referencing kind of errors. A lot of it is just cleaning up the document, basically, and updating it with the most current information. PLANNING COMMITTEE 9 MAY 13, 2015 Committee Chair Chock: Thank you. Council Vice Chair. Councilmember Kagawa: Thank you, Kimi. Thank you for all of these amendments. So far, I just see one that I have a question about. Number two (2) on the first page. Is that what is currently true? Ms. Yuen: Yes. Those are on the record and we just did not include those access points on the maps, so we just added them to the map and the text. Councilmember Kagawa: Thank you. I just wanted to make sure that we were not adding something that we do not actually have. Ms. Yuen: Right. We had the Planning Department verify that it is actually a legal easement, so they are there. Councilmember Kagawa: Is it? MARIE WILLIAMS, Long-Range Planner: Yes, and we would like to thank Dave Hinazumi from Grove Farm for providing us with the agreements that secured these two (2) access ways, across the Po`ipu Bay Golf Course. Councilmember Kagawa: And public access is just walking access or is it vehicle access, those two (2)? Ms. Williams: Those are two (2) pedestrian access points. Councilmember Kagawa: Thank you. Committee Chair Chock: Thank you. Further questions on the amendment? Councilmember Yukimura. Councilmember Yukimura: Number eleven (11) on page 3 and we have gone through some of this, but I only got to look at some of it last night. You have the number of units forecasted required by 2035, when you say, "required by 2035," that is a policy recommendation from SMS, right? Ms. Yuen: Yes, it is their projection numbers for the number of units allocated to the planning district. Councilmember Yukimura: Right, and I mean this is a really important issue because the question is who is going to determine how many visitor units we need? Is it the public or is it an agency based on certain rules? What are those rules and assumptions? My question is about number of permitted visitor units...in 2013 that is the third line, you have, "1,632," and you did give me a rundown of permitted additions to the visitor inventory in the Po`ipu area which is I presume the ones that are zoned, but not yet built. Ms. Yuen: Correct. That is the way we interpret the numbers and the Planning Department helped us with that. Councilmember Yukimura: Okay, so my question is about the Kiahuna area which used to be known as Moana and in fact as young attorneys Teri Tico and I represented citizens in a contested case on it, and I thought the zoning permitted PLANNING COMMITTEE 10 MAY 13, 2015 was fifteen hundred (1,500) units; eleven hundred fifty (1,150) condos and three hundred fifty (350) single-family units. I am looking at the Royal Palms Pilimai and Kiahuna Po`ipii Golf Resort which are the permitted units in that Kiahuna area, I believe, correct me if I am wrong. Ms. Williams: When developing the build out of the permitted visitor units, we look at the entitlements provided. Those three project that line Kiahuna Plantation Drive, there are a number of units that are allowed per their entitlements that they received, back in 2006, about ten (10)years ago. We took that number based on that, not necessarily what was permitted by the zoning per se, that might be a different number. It would probably be more than what they actually received their Class IV zoning permits for. Councilmember Yukimura: Can they come back and on another piece of land in that area request the balance of the zoning that they are allowed, so that maybe permits have not yet been issued, but they have the zoning for it? I have here a document, 2010 annual status report of Kiahuna Mauka Partners, and they claim a zoning of fifteen hundred (1,500). Ms. Williams: I do not believe they can move if they do not build to the full density allowed on the parcel. I do not believe they can take the density not used and transfer it to somewhere else. I mean the zoning will allow for a certain number of units, but whether or not they get the permits for that number through the permitting process, that is... Councilmember Yukimura: Okay, so do the number of permits granted foreclose any permits in the future where the zoning shows... Mr. Dahilig: The number of permits granted foreclose any permits in the future... Councilmember Yukimura: Preclude any permits in the future on land that has been zoned for more than what has been permitted. Mr. Dahilig: At the end of the day the zoning is the policy of the County. Councilmember Yukimura: Okay. Mr. Dahilig: If you have ten (10) acres of RR-20, and the first permit that comes in is for a hundred (100) units, they still may come in under law and request an additional hundred (100) units through a permit process. Councilmember Yukimura: Then these permits add up to five hundred twenty-nine (529), unless Po`ipu Beach Estate, is that also a part of them? Okay, so then they add up to six hundred thirty-nine (639), and I do not know what the already built numbers are, but minus that from fifteen hundred (1,500) and there is more zoning. So, if you are looking at zoned, but not yet built, it might be a greater number than sixteen thirty-two (1,632). Mr. Dahilig: If we want to go one layer below that, other factors come into play with respect to form, character, and these types of things — parking spaces. In reality when you look at something like RR-20, because of the other regulations that we have on our books in the CZO (Comprehensive Zoning PLANNING COMMITTEE 11 MAY 13, 2015 Ordinance), most times we cannot see people build to RR-20 because of height limitations, lot coverage, parking requirements, access requirements, et cetera. So, to equate that the potential is what is the balance, yes they are entitled to come in for it, but will the lot physically allow it based on the other limitations that come into play? It is hard to actually calculate that. Councilmember Yukimura: I am presuming though that if we miscalculate and they cannot build more units than our numbers show then our projections are off. If you have done the analysis and there are no more physically feasible units that they can do out of their zoning then your sixteen thirty-two (1,632) is correct. If not, if they can come in with another fifty (50) or a hundred (100), then it is not correct. Ms. Williams: Just keep in mind that projections are not necessarily meant to remain in its tone forever, but these numbers were fresh at the time when we began this Plan and needed to do this analysis work back in 2013. It is true that landowners could change their mind and redevelop in the future and then that would affect these projections accordingly, but for the time being we are comfortable with what we projected in the analysis done. That is the basis for the policy in this Plan. Councilmember Yukimura: Are you accepting the projected amount of the forty-one eighty-one (4,181) projected visitor units as what we need? Ms. Williams: Yes. Councilmember Yukimura: For the next twenty (20) years. Ms. Williams: Again, the assumption is that need equals demand. The demand is related to the projected number of tourists coming to this part of the island. Councilmember Yukimura: And so you see our planning as accommodating whatever number of tourists that are going to come? Ms. Williams: Not necessarily per se, that is why we go through a public process, for example, through the Planning Commission process, they did not necessarily feel that we had to accommodate the projected demand and that is why they removed the previously proposed resort parcel. It was our own new resort area in the Plan, so at the end of the day I would say that it is to some degree a policy call. Councilmember Yukimura: How do you take into account the environmental and social impacts that may say that we cannot handle whatever the demand is projected to be? Because this is a General Plan question. Mr. Dahilig: That is exactly right, it is a General Plan question. We are drawing information from the Technical Advisory Committee which had a number of people around the island look at the SMS study along with other infrastructure, et cetera, to look at the information and actually verify the veracity of the information. That process of actually having these numbers publicly vetted and asking whether the methodology was in fact correct in the outcomes when the presumptions were actually in line with what should be entered into the computer, that was a public process that determined these numbers. To get PLANNING COMMITTEE 12 MAY 13, 2015 to the policy question that you are raising, it is, at that point, we give the technical information to the Community Advisory Committee (CAC) as well as make it public to everybody else and say, "This is what we are projecting. Is this what you want to see?" As Marie mentioned, the spatial interaction comes into play, the polices interactions come into play with the Commission and the CAC saying, "You know what, maybe we do not want to meet that threshold," and so that is where you see the resulting outcome from the Planning Commission saying, "You know what, we are willing to say let us not expand any more spatial area." That is where that social economic...all those factors come into play. We cannot just say that the decision is attributed to one singular issue, it is a myriad of issues. Committee Chair Chock: Councilmember Yukimura, I appreciate the question and the content that we are going through. I feel like it is drifting away from the actual amendment that is being proposed here and the figures that they are looking at right now, so if we can move it towards where you want to go with it or if you support it or not, I would love to be able to hear that. We have other members who have questions on this item as well. Thank you. Councilmember Yukimura: I am trying to understand the source and methodology behind the calculation of numbers that are determining how much growth there should be in the Po`ipu area. That is a key planning question. These numbers could change depending on how we...if we have done this kind of generalized calculation of existing number of units zoned for, but not built, and there are a lot of units that eventually want a lot more than what we calculate, then we are dealing with different planning numbers in reality. That is why I am asking questions about it. If the planning process only projects the number of visitor units or the demand, it does not project the social, economic, environmental, and cultural impacts of that demand. How are we making our decisions? Mr. Dahilig: Again, this is an input. What you are seeing here on Table 3-16 is an input into the process that you are describing that was actually done by the CAC and the Planning Commission, et cetera. This is by no means the policy to say, "Yes, this is what we want." What you are seeing in Table 3-16 is what input was brought into the public process to then give the people involved with it a broad picture. We have land uses here, we have pressure from visitor industry, the pressures regarding agricultural use, pressures regarding water in x, y, and z. We cannot attribute this number to one singular thing, it is an input and not an output. Councilmember Yukimura: Okay, so I am asking the question and this is in preparation for the General Plan update. Where are your projections of the impacts of these? I mean you are saying that we need to know what we are targeting in terms of the ultimate growth of the area over the next twenty (20) years, right? This is what this Plan is saying. We want to see or we think we are going to need this much growth in this area and this is what we want to facilitate and support. Mr. Dahilig: That question would be easy to answer if this was strictly visitor land use planning, but this is not a visitor land use plan. This is a land use plan that takes into account other things like... Councilmember Yukimura: I am glad to hear that. Mr. Dahilig: ...agriculture, and all these different things. To be able to answer that question we almost have to refer you through the whole PLANNING COMMITTEE 13 MAY 13, 2015 text of the document because it is meant to be encompassing or be a big tent of all the issues, not specifically a visitor land use plan. Councilmember Yukimura: Okay, so you are saying that the projected impacts from the project demand has been thought through in the Plan and in the data and that that was used by the Planning Commission to determine that we did not need any more growth? You said that the total available visitors projected for 2035 is four thousand three hundred (4,300), that the water, sewer, environmental, traffic, all of this has been projected and we have made a decision that this is what we want and can handle it? Mr. Dahilig: In one particular case, what you heard from the Planning Commission was what outweighed the demand elements as to the projections was the impact to open space, cultural significant sites, and a number of these things. When you look at...I will speak specifically to the lot behind Shipwrecks that was taken out by the Planning Commission, they felt those types of community elements outweighed the demand pressures as indicated by the SMA (Special Management Area) study. At that point, they said, "Because it outweighs that, we are going to take it out." Now whether or not that is within the wisdom of this policy body, that is certainly up to you folks, but that was their read on it at the time, as required by law. I cannot speak for the Planning Commission specifically as to why they decided to create a land use plan that was less than the demand count, but what we do know is that the accommodations based off of the land use plans in the document are not meeting the demand as projected by SMS. Councilmember Yukimura: I mean you say here, "Net difference between forecasted and projected," means that we have one hundred thirty (130) units more than has been projected as needed. Is that correct or am I reading it the other way around? Ms. Yuen: The correction though is that the forecasted numbers are actually forty-one seventy-one (4,171), and then right now the net difference between forecasted and projected is we have a hundred and forty (140) more... Councilmember Yukimura: So we are going to have more resort units than we projected we need... Ms. Yuen: We projected we needed, yes. Councilmember Yukimura: We are going to have a hundred forty (140) more? Ms. Yuen: If everything gets built out to those numbers, yes, correct. Councilmember Yukimura: And if more gets built out it will be more? Ms. Yuen: Right. Councilmember Yukimura: So the Planning Commission decision makes sense in that respect to not have put in the hotel unit because it would have given it a surplus. My last question on this issue is, can you give me assurance that only six hundred more units will be allowed in the Kiahuna area? PLANNING COMMITTEE 14 MAY 13, 2015 Ms. Williams: At the time of the build out of the resort, land use in Po`ipu was...when we did it we did consulted with the planners who have been working on these projects and that was using the best information we felt comfortable using that number as our build out. In terms of assurances, as you are aware, sometimes landowners can change their mind and redevelop and come in for a new permit. Councilmember Yukimura: It seems to me that it behooves us to actually do the analysis of whether they can put more there because they have the entitlements to put more there. This Moana 2010 report says, "While there may be continued need to adjust the allocation in the future, in no event will the total units exceed fourteen hundred fifty (1,450) units." I do not know what the vague area is. I do not know how many are built. I am guessing maybe about two hundred (200) are built there and so if you have two hundred (200) and you folks are projecting six hundred (600), that is eight hundred (800), but from fourteen hundred (1,400), there are about six hundred (600) more that are in question that could pop up some time in the future because the entitlements are there. Ms. Williams: Keep in mind that we do not necessarily want to use the full build out, we want to look at what is realistic, what most likely will occur and be built in the next ten (10), twenty (20) years. If you do a full build out, as Mike explained, we often do not achieve full build out when the landowner comes in and develops their land, that was the number we were seeking as well. Councilmember Yukimura: Okay, but you are doing this on all? You are doing it on Kukui`ula, the lands that are by the Sheraton which still have build out, so there is a really big fudge factor that in a very high market time could really start to build out and that could really throw our planning off? Mr. Dahilig: If we had the answer to that, I would not be working for the County because I would be in the private development sector. Not to make light of it, but the timing of the market dictates what product can be built at what time. Sometimes they are going to be building timeshares, hotel units, TVRs (transient vacation rentals). We do not know what the market will dictate from a product standpoint fifteen (15), twenty (20) years down the line. All we know is that we have a zoning layer that says how many units can be entitled and that permitting process and what is the likelihood of those actually reaching that amount. Historically what we have seen is, even when we are crossing everything besides resort units, residential units, commercial square footage, other laws come into play on whether or not you can actually achieve the full build-out situation. The likely situation, let us say again with RR-20 is, you are reaching only about R-11 to R-13 with the product that we are seeing right now because of things like parking, things like the prohibitive costs of creating parking structures, green space, and those types of things. We cannot accurately give you that picture of what the market pressure will dictate as a product and in fact what design of the product will ensue ten (10), fifteen (15), twenty (20) years down the line. Councilmember Yukimura: When the building boom starts then everybody goes, "What happened? We did not ask for this much growth. We did not want this much growth." One of the proactive things that we can do is to transfer development rights and extinguish these rights so that you do not have that fudge factor. PLANNING COMMITTEE 15 MAY 13, 2015 Mr. Dahilig: That is exactly why in the Plan there is a recommendation to have this discussion at the General Plan level. Committee Chair Chock: Okay, I think the question was answered, Councilmember Yukimura. Councilmember Yukimura: Yes. Committee Chair Chock: I am going to go to Council Chair Rapozo, followed by Councilmember Hooser. • Council Chair Rapozo: Thank you, Committee Chair, and thank you all for being here. These numbers are really just a snapshot, right? It is just available numbers that you had at the time to do the analysis that you needed to do, correct? I mean to think that these numbers will not change, that is not...it will change. We know that it will change. The question...there is no way that we can preclude any landowner that has zoning the right to develop, correct, Mike? Mr. Dahilig: As long as the zoning is there, they can ask. Council Chair Rapozo: Right, exactly. I am talking about landowners with zoning and no permits. We can estimate what those are, maybe we could figure that out, but if they believe they would like to develop those properties and they go through that process with the Planning Commission and so forth, we cannot stop them, correct? Mr. Dahilig: Unless you change the zoning. Council Chair Rapozo: Right, but I mean with this document. I am only talking about this document that is on the table today. Mr. Dahilig: You are exactly right. Council Chair Rapozo: In essence, I am assuming that we take into account the market and obviously this is what...the way I am reading this chart or the matrix, we are saying that between now and 2035 that we would need a hundred and forty (140) more than likely, to meet the demand? Ms. Yuen: Based on the projected... Council Chair Rapozo: Correct... Ms. Yuen: ...permitted, but you actually have enough zoned. You have a hundred and forty (140)... Council Chair Rapozo: Over. Ms. Yuen: Yes. Council Chair Rapozo: Oh okay, I read that wrong, okay, so we do have enough to accommodate the anticipated... Ms. Yuen: The projected demand for the district as projected by SMS. PLANNING COMMITTEE 16 MAY 13, 2015 Council Chair Rapozo: Okay, but again that does not preclude anyone outside of this chart that has zoning, but no permits, from developing? Mr. Dahilig: Right. Council Chair Rapozo: We are just saying that it would be foolish for them to do so because the market demand would not be there. Mr. Dahilig: This is a bit limiting to look at the numbers discussion just from this table alone, that there are other tables and there are other elements including a full review of in fact, the SMS study. Council Chair Rapozo: The community plan that you folks provided, that big one, was very clear and articulate, for me anyway, the layperson, and so I appreciate that. Obviously, that does justify a lot of the decisions that were made, thank you. Committee Chair Chock: Councilmember Hooser. Councilmember Hooser: Good morning. I think the amount of growth is essential to this whole thing. The traffic, everything...is the amount of growth. This discussion is especially important and as the Council Chair said, if they have the zoning, they are entitled to build it, and I understand there are some constraints. I have been here long enough to know that they come in and say, "Well, we have these constraints and we want concessions." I think the fundamental question of how many undeveloped units are there is a very important one. We have this number here of one thousand six hundred and thirty-two (1,632), right? That is the number of permitted units that could be built. Is that correct? Okay, so, following up on Councilmember Yukimura's question, what is the high end if people max it out...there seems to be a range that would be more appropriate. I understand that you say there are limitations, but worst case situation, there is a rush like we saw...I mean how many years ago when all those condominiums were there and all the dust, so what if it happens again, what is the worst case situation? It is like a hundred (100) year flood mark that does not happen that often, but if it does happen, what does that mean, so having that high end number, the maximum number, I think would be important to have. As well as having the number that you actually accept, but the high end number. And then my second question would be Kukui`ula was mentioned, how many residential units that could be converted to TVRs or others in the VDA (Visitor Destination Area) are there and are they counted or not counted? Ms. Williams: TVRs are counted. We use the count that you see in the Table is from the State's Visitor Plan Inventory (VPI) that is produced every single year. That includes the whole range from hotel rooms, timeshares, and even Bed and Breakfast (B&B) units as well. Councilmember Hooser: You estimate TVRs as a percentage of residential units or what is the maximum number of TVRs... Ms. Williams: In terms of...assuming the number of permitted? Councilmember Hooser: Yes. PLANNING COMMITTEE 17 MAY 13, 2015 Ms. Williams: We used the number of existing TVRs in the Po`ipu area. That was in our count. We did not project an increase in that number. Councilmember Hooser: But those numbers could increase, is that correct? Ms. Williams: It is possible. Yes, there are residential homes within the VDA that, yes, could transfer into that use. Councilmember Hooser: Okay. For example the Kukui`ula project, those are considered visitor units, is that correct? Ms. Williams: Yes, by ordinance half of the build-out of the area with the full build-out is fifteen hundred (1,500) units, half would be allowed to be in resort use to be used as a TVR and that number is included in the Table that if you have the Plan, page 3-38, there is a list of the projects that we used to develop the sixteen thirty-two (1,632) number. Councilmember Hooser: Would you be able to say right now what...I talked about a range like if it maxed out zoning what the number would be. Do you have any idea what the number would be? Instead of sixteen thirty-two (1,632) expected, but worst case situation from a development point of view or the best case depending on whose perspective you look at, what would be the number of units? Ms. Williams: That would mean us assuming that one of these projects would not move forward under their current permits, come back and redevelop to the full number of units allowed per their zoning. If we made that assumption with all of them if you wanted to consider that the high range, personally I do not think that would be very realistic, but if that did occur, yes, the number would be much higher. Councilmember Hooser: Do you have any idea how much higher? The Planning Director earlier stated that I think the example was if there was ten (10) acres or a hundred (100) acres of RR-20 and they built half of that, they are still entitled to another half, to ask for it, but they would have to accommodate it with parking and whatnot. Mr. Dahilig: Right, and I think based off of what is on Table 3-15, we wanted to take a look at it from an infrastructure standpoint and from a vertical construction standpoint what was already permitted based off of a plan that is maximizing the acreage on the property. Certainly we could have gone as so far and say, "Okay, they are going to demolish what is existing there or are they going to forfeit during entitlements and start over again." I will turn over to Marie whether or not we actually...just from a raw acreage times zoning standpoint and did that analysis across the board, I think our analysis was a little more nuanced in the fact that we were looking at it more on a PM-by-PM basis. Councilmember Hooser: PM? Mr. Dahilig: Planning measure or ZA that had come up before. Councilmember Hooser: ZA? PLANNING COMMITTEE 18 MAY 13, 2015 Mr. Dahilig: Zoning Amendment. What changes the maps, essentially, so Kukui`ula came in for a zoning amendment to up-zone their property and so we looked at those things, we looked at what zoning permits we had that actually entitled the property. We did not treat these things as just raw lots. We did treat them as projects that the developer had made an effort to already move down the path of entitlement. We made a judgment call that the entitlement was something that they were going to hold on to versus something that they would just totally scrap and come back in and then try to build to the maximum. I do not think we ran that scenario. Councilmember Hooser: Thank you. Committee Chair Chock: Councilmember Kuali`i. Councilmember Kuali`i: Thank you all for being here. I appreciate all your answers Marie; you seem to be very knowledgeable in how the numbers were arrived at. The Planning Department hired SMS as the consultant to do the studies, but did SMS work closely with you so that you had a role in that. Ms. Williams: Just to clarify, SMS was our consultant for the population projections, they were hired to do what was the first of a series of technical studies funded to support the General Plan update which is starting right now. The reason we hired a separate consultant was to make sure that our projections was developed by an expert separate from any community plan or even the General Plan. We had a technical advisory committee convene to walk through the process from the various heart and the methodology used, all the way to the end in the final projections as well. Yes, the lead consultant has been working with population projections, visitor industry projections for over twenty (20) years in Hawai`i and he did work very closely with us; with me and Mike as well. Councilmember Kuali`i: Just a quick yes or no answer and either you or Mike can give this answer. Have you found that SMS is a reputable firm and that we are able to do fair and adequate forecasting without any kind of bias towards any developer or the visitor industry? Ms. Williams: Yes, absolutely. Councilmember Kuali`i: My last point is, when the question was asked early about who determines need, whether it was the public that should play a role in determining the need. Would you not say there is a difference between hiring professionals, people that can do that work to help with those numbers to determine the need, having professionals like Marie and the Planning Department to do that part of the work? I think you were talking about the next part which is the public policy part. The numbers, you folks formulate that, I do not see why I would try to get buried in the details because I am not an expert on statistics and forecasting. I do not need any visitor rooms. When my friends and family visit from the mainland, they stay in my house. I do not have any knowledge there. The second part is the more important part and that is how do we choose or not choose to meet that projected need. Whether we would even think it should be net hundred percent (100%), eighty percent (80%) or at all.You might say because of prior approvals that are not yet built out yet, and I assume that is what is happening somewhat in the process, but that then we as public policy leaders working with the public would work on whether that would become approved in a plan and then at some future date what might be approved in permitting. There are these two (2) pieces to it and... PLANNING COMMITTEE 19 MAY 13, 2015 Mr. Dahilig: I will say that we had SMS as a consultant and they are reputable firm and we wanted an expert in this area to actually provide the guidance. As part of the General Plan technical study process, we had a number of other studies that were commissioned: things like land use build up, infrastructure, sea-level rise and coastal, climate change, health, and agriculture. What we wanted to do is feed the policy discussions with as much technical information as possible to say, "Okay, here is where we are going in all these different sectors, not just visitor by an inventory, but here is where we are going with economics, jobs, here is where we are going from a population standpoint. Here is how much land we have zoned in x, y, and z." There is no one answer. It was meant to lay everything out on the table from a, "Here is where we are going standpoint, and say, okay CAC, where do you want to go with this information." That is why we wanted to make sure that there was not a bias inserted into the process a head of time because we wanted the public process to actually engage with the information and see what came out through the public process and this is what you are seeing. Councilmember Kuali`i: Thank you. Committee Chair Chock: We have a follow-up. Ms. Yuen: I would like to add to that. Maybe we need to take a step back because the numbers are just projections. They are not set in stone, they are not saying, "You will build this many units." It is just a snapshot of what based on the economics, what the community could tolerate and discuss through their Technical Advisory Committee, were able to tolerate and you also have to think about how those numbers got distributed island-wide. If you start saying all of a sudden, maybe Po`ipu should not have any more, they got so many already, but at the same time do you really want other pressures coming in other places around the island? Part of it is a bigger discussion that had taken place when the technical studies were being done, but it is also going into informing the kind of policies and the vision for the community that we want to see and I think if you look at the numbers in our first PowerPoint presentation, we showed how all the numbers were distributed island- wide. South Kauai is primarily your resort destination and it probably honestly if you look at the roadways, the facilities, it probably could handle the resort growth better than any other community in your island right now. Kapa'a is beyond capacity if you think of the traffic issues there. North Shore does not want it, they want to stay very rural. The idea is that these are numbers just to give, as Council Chair suggested,just a snapshot and understanding what the island is and what the island could be, what the technicians and experts are saying about what kind of growth could happen on Kauai. Again, this was very modest growth. This was barely one percent growth or something like that. But it is just to give us a snapshot, and I think this comment did come out of the Planning Commission. One of the Commissioners did say that it would not be wise to necessarily curtail it, but we need to understand it and then plan for it. That is the idea behind the community plan. We are trying to come up with the policies, transportation plans, the infrastructure plans to address those issues and growing pains that come with this, but at the same time you also have to think of keeping your economy healthy too. Everybody kind of...tourism is such a love/hate relationship that we have and what we are trying to do with this Plan is to create a plan that works for the community as well as maintaining the health of your economic industries. That is why we have done these multi-modal vision of the plan because if we can get the visitors out of their car, into transit type of things; walking or biking, we are better able to handle growths that are projected. Whatever those numbers end up being, we are not saying that this is what the PLANNING COMMITTEE 20 MAY 13, 2015 County's policy is saying, "That is their target," it is just a snapshot. It is just that one midlevel scenario. They did the high and low range of scenarios, we took the middle one. We tried to keep it consistent based on how resort developments had broken out, which is what Marie is saying, how did they actually build-out, what did they actually look like based on your setbacks, parking, height requirements, and then realistically talking to some of the actual developers and landowners to get a better sense of what realistically that would look like. That is what we kind of went with. Again, this is going to be the middle ground, but it was really just as Council Chair Rapozo said, it is a snapshot to understand what the issues were, where the pressures are, and the numbers came out, right now, even if you went this way, you have enough entitled resort zoning, and maybe that is okay, but in the discussion that came out...who knows what is going to get built-out at the time. Things were not booming when we started off, we were still at the tail-end of that big crash that we had. You are going to have those flexes and fluctuations over time, but I think we need to take a step back and just remember that again, these numbers are not what we are saying the County is advocating for. It is just a projection. It was just the median projection. In the policies that come out of Section 4, how do we start to look at what we can do to make the community function and operate for everyone. Committee Chair Chock: Thank you. Councilmember Yukimura. Councilmember Yukimura: Right now, we are just trying to get the data clear, and if you are talking about what kind of growth could happen, it is not what kind of growth we want to have happen, but we have to know what kind of growth could happen in the high market times because it could happen in the high market times. I have always thought that you have to talk about zoned, but not yet built, because that is what could happen in high market time. If you say it is not going to happen, then show me. Show me that you have done the analysis to say there is not enough...there is too much lot coverage, there is no way that given these developments that are already permitted, there is going to be more growth allowed. It is the growth that we are going to be advocating. If it is in our plan, that is what we are planning for, that is what we are wanting. Now, if we take care of transportation and people do not have to use cars, then all these parking lots you are talking about as obstacles to growth are not going to be the obstacles to growth. Councilmember Kagawa: What is the question, Committee Chair? Committee Chair Chock: I was hoping there was one. Councilmember Kagawa: This is five (5) minutes of discussion. We need a question. Councilmember Yukimura: Well, I am sorry, so did Councilmember Kuali`i and... Committee Chair Chock: Can you ask a question? Councilmember Yukimura: Okay. So the question is what kind of growth could happen?That was the question Kimi asked. What kind of growth could happen? We need to know that. I believe it is not just the number of permitted units, but it is the amount of zoning granted. I think, Mike, you said that it is the zoning that defines the entitlement, so what is the zoning that is not yet built. PLANNING COMMITTEE 21 MAY 13, 2015 Committee Chair Chock: Councilmember Yukimura, I think that they did answer where this could go in your original question. If you are asking for them to put something else in it, then that sounds like another amendment that you are requesting. Councilmember Yukimura: No, I am not. Committee Chair Chock: Okay, so where is the question then? Councilmember Yukimura: The question is...I think we still need to know that data, even if you are not going to put it in this Plan, and somebody could suggest to put it in this Plan. We need to know that data. I think the citizens need to know...you know why...because developers will come and say, "We need six hundred (600)," after you get the hundred thirty (130) units, they are going to say, "We need a six hundred (600) room hotel." When actually you might be able to get a six hundred (600) room hotel in the zoning that is already there, but not yet built. This data affects how we make our decision. Mr. Dahilig: So understanding your question I would have to say that our Department has...in our technical expertise as well as in consultation with SMS, looked at the benchmark for likelihood for development at when something is permitted. At the end of the day we can put all the exceptions and "what ifs," and we can study those, but from an efficiency of process when we are looking at what is the likelihood and when we are doing projections, what was best practice was to look at that benchmark of when they hit the entitlement. It is not to diminish and say that the "what ifs" you are raising could happen, but given what we understand in the development side of land and what we have seen as a pattern given all the different entitlements that come through the pipe, we made the judgment call to say, "Okay, let us study permitted additions to the visitor plan inventory as the benchmark for judging whether or not something is going to be in actuality and impact. I will just say that I am not disagreeing with you, but I am saying when we went forward with the projections, we have to try to look at what exactly are we going to be seeing fifty (50), twenty (20) years down the line, this was the "what ifs" scenario that we looked at. Committee Chair Chock: Okay, I want to bring us to a resolution on this. If there is an interest from you, Councilmember Yukimura, to add language in to get us to where I believe you are talking about, then I can accept that. I will not accept us going in circles about what it is you believe needs to be in the Plan versus the way they did it. Councilmember Yukimura: Okay, so thank you. The reason why this discussion is so important is because it is going to happen on the General Plan level. It is now going to be applied to the whole island, not to the district, and what we are seeing here is that there are assumptions or planning technology or methodology that is being used that affects the numbers. I think it is a policy call which methodology is used. Do you use zoning or permits? Are you going to say that in the Coconut Plantation, only the developments that have permits are going to be what is actually built, I do not think so. Committee Chair Chock: So, Councilmember Yukimura... Councilmember Kagawa: Where is the question? PLANNING COMMITTEE 22 MAY 13, 2015 Councilmember Yukimura: I am only having this discussion because I think it needs to happen with your CAC and maybe you have had it already about this methodology of determining existing entitlements, but not yet built. Mr. Dahilig: If I could just respond real quickly to that. Councilmember Yukimura: And that is all I need. Mr. Dahilig: These things did not happen in a box. The methodology, calls, and the determinations were done through a community-based process. This was not something that our Department just selected. We went through a CAC process, and I know you have attended a couple of those meetings as well, to make sure that we are transparent what these presumptions are. So, we are not doing this in a box. Committee Chair Chock: Okay, thank you for your response. Any further questions on these amendments proposed by the Planning Department in conjunction with the consultant? If not, I want to thank you folks. Because these are so many, just so everyone knows, again, we have one (1) by myself, a few from Councilmember Kualii, and then Councilmember Yukimura's amendments that are forthcoming. What I would like to do is get these out. We cannot introduce anything else until we get through these. At this time if there is anyone that would like to testify on these amendments, only, and what I mean by that is just these amendments that were circulated. Councilmember Yukimura: By the consultant. Committee Chair Chock: Yes, and it has to be specific is what I am looking for. You will have a chance to comment on other things that will be introduced and the item as a whole when we get back to the main motion, but if there is something that sticks out at you with that, then let me know. Do you have a process question, Councilmember Kagawa? Councilmember Kagawa: Normally we allow public testimony at one (1) time, we always do it, whether or not we defer it. Is the plan to allow discussion after every amendment, is my question, and second if we do that, I highly recommend that as testimony is given that they point to which specific amendment they are talking about and just stick to that. I do not want to see Mahaulepu or water use, or whatever that may come into play at this point because at some point an amendment will come in and they can specifically talk about it. Committee Chair Chock: I totally agree. That is what my point is. I want to keep this very targeted. If you folks are going to come up, talk about the amendment that is on the floor. I do see that there is value in hearing from the community about specific amendments, if it is going to make a difference in our decision on how we vote for it. That is my plan to take each one. It might be painful, but it is our process. If you are interested please sign up for testimony or come up...do we have anyone? Councilmember Kagawa: Again, Committee Chair, can you make sure you ask them which one they are targeting because I feel like Darrellyne is reading people who signed up, overall, to speak on it. I want to make sure that they are talking about this amendment because I think there are no problems among Councilmembers with these amendments. PLANNING COMMITTEE 23 MAY 13, 2015 Committee Chair Chock: Again, if you have any questions about how we are moving through this process, let me just repeat myself. If you come up to speak at this time, it is only on the amendment, and you need to point out the amendment that you are speaking to. If you want to speak on it in general, on the entire Plan, then we are going to wait until the main motion. There is only one series that has been introduced and it has been passed out to the body. GREG PETERS: Aloha, and good morning. I am speaking on behalf of Malama Maha`ulepu. I will keep my comments brief. I appreciate the due diligence that the Committee is exercising in reviewing these amendments. We understand that this is a long, arduous process, but we appreciate you taking the time to go through them all. I am specifically providing a comment to item number 2 and 3 in the proposed consultant amendment regarding the update to the public access beach map on the south shore. We were working with the Planning Department and while we do agree and we do support the current draft of the South Kaua`i Community Plan, we thought it was a good opportunity to go back and clarify these two (2) additional public access points further up the coastline from Shipwrecks Beach. We appreciate the Planning staff working with the landowners to identify and secure these two access easements that have been customarily used for fishing access for local community members. As advocates for public access for the Maha`ulepu area, this is something that we support and encourage the approvals of these two (2) items. Mahalo. Committee Chair Chock: Questions? Councilmember Kagawa: I lived on the westside all my life, but I just want to know from a user standpoint, are those walking accesses really adequate or should we research for improved accesses because I think you have to be a pretty good hiker to walk along whatever hole that is on the back nine. Mr. Peters: Right, they are located immediately adjacent to the Po`ipu Bay Golf Course and you do have to hike that single track trail around some of those cliffs to access it. Councilmember Kagawa: How long is that hike if you want to walk the entire stretch? Mr. Peters: The faster point of access would probably be at least ten (10) to fifteen (15) minutes. Councilmember Kagawa: Oh, not very long. Thank you. Committee Chair Chock: We are actually ready for a caption break. Ten (10) minutes caption break. Thank you. There being no objections, the meeting recessed at 10:59 a.m. The meeting was called back to order at 11:09 a.m., and proceeded as follows: MAKOTO LANE: Pertaining to amendment 11, this is the estimated visitor units required. I am not sure if there is an amendment dealing with the estimated residential that could be possible...but those two (2) numbers, it has been in my experience in the past, I think all of our experiences, that when a PLANNING COMMITTEE 24 MAY 13, 2015 landowner wants to build, they want to build the maximum. Not necessarily always, but we have to plan for the worst. It has also been my personal experience that my neighbor, K6loa Landing, after the fact is now building their units denser. They are not building one of their buildings, but they are going to have more hotel rooms per building. Little things like that actually affects residents. Now I have more neighbors looking into my windows. I was never notified of that. The Planning Commission never notified anyone of that. We need to know the densest, the highest number of possible hotel rooms, dwellings, and residential houses that will possibly be built. We need to know that number just to have a conversation otherwise we are working blind. How are we supposed to make decisions about that? Committee Chair Chock: Thank you. JULIANA CHERRY: I am speaking on amendment 11. The figure of sixteen thirty-two (1,632), number of permitted visitor units. In the South Kaua`i Community Plan, three point five point five (3.5.5) I think it is Table 3.15. It notes Kukui`ula Development, Royal Palms, Pilimai, Kiahuna, Po`ipn Beach Estate, Sheraton, and Wainani. It does not include a development, which at some point was called "Land Court." This is from the Planning Department, and it is fifty (50) lots residential lots included in the VDA. It has already got streets and stop signs in it. It is to the east of that Po`ipn Athletic Club, it is to the west of Kipuka. First, there is the open space, and then it is west. It is behind that old bikini shop. Originally my understanding was that they wanted to go over across Hapa Trail and gain access, and then come down by the Poipn Village Shopping Center, and now they are looking for access off of Po`ipn Road. So, here is fifty (50) more units that were not counted. The other thing is in Po`ipn Beach Estates, it says a hundred and ten (110) visitor units, and completion not known. Did I go too fast on the other? Councilmember Yukimura: No. Ms. Cherry: Okay. My question there is that I was under the understanding, originally, that Po`ipn Beach Estates was not in the VDA, and then I noticed when I looked over the Plan that it was put in the VDA. I am wondering if the hundred and ten (110) units includes all the lots in that subdivision or is it just the ones that are not built yet? Therefore, that would not be a totally accurate figure. I strongly support Councilmembers Yukimura and Hooser asking for a range of the extent that growth could be. I think that it is vitally important as I brought up once before that we look at the population that this means. How many visitors? Four thousand (4,000) units is what...twelve thousand (12,000) people, twenty-five thousand (25,000) people? There are a lot of houses and 3-bedroom units, so I really think in the General Plan we got to look at people and cars, not just eleven hundred (1,100) units at the Po`ipn Village Gateway. But, three thousand to five thousand (3,000 - 5,000) people. Committee Chair Chock: Okay, thank you. MATTHEW BERNABE: Good morning. I want to start with number 2 and say I support that trail. I use that area. I would walk it, though it is kind of far, but there is action on that walk. That is that, with that. Number 10 and 11 combined, this projected tourist amount that this report gives, I think, is kind of flawed on the grounds that we do not even fill our hotels and resorts currently a hundred percent (100%). If we are not filling them one hundred percent (100%) now, why do we need so many units for an industry that we do not get that much back for subsidizing? I brought this up in the past. We are not getting the transient accommodations tax, we PLANNING COMMITTEE 25 MAY 13, 2015 are subsidizing hula dancers, and whatnot for an industry that is not giving much back. With that said, I do support development on that side of the island for some of reasons mentioned earlier, but I do not support so many going to TVRs or hotels. As we are getting into the flooding one which was...there are two (2) amendments that talk about flooding. I do not here anything in here about current development plans tying into a water treatment facility. That is the first step. If we are going to build anything, let us have some of that language in here. If it has to be put in as an amendment or whatever has to be done, I do not see it. I skimmed through it, but it should be with infrastructure. We should be talking about getting that water ponding down there by the parking lot, and tie it into that somehow. I dive out there and the reef is in decline. There are external factors, but we can do something about wastewater treatment running off into our coastal shores. Other than that, I support development on that side, but I just feel that it has to be tweaked a little bit better to be all encompassing like them tying it into the Kalaheo route. I like that. I like that it is expanded to the next thing, but I just do not see enough real infrastructure issues to me, which is related to the water. Other than that I guess I have to come back and listen and amend my testimony as we go along with this process. Thank you. Committee Chair Chock: Thank you. Anyone else? Would anyone else like to testify right now on these amendments? Seeing none, I will call the meeting back to order. The meeting was called back to order, and proceeded as follows: Committee Chair Chock: Any further discussion, Members, on the proposed amendments? Council Vice Chair. Councilmember Kagawa: I would like to thank the consultant Kimi and the Planning Department for these amendments. Like I said, these amendments that clarified or fixed wording to make it more clear, such a long document, and that is why we have all of these thirty-nine (39) amendments. It is just for clarification to improve the content of that huge document. I want to thank them for doing this during this time that the Council is looking at it, to fix it up and make it better. As far as number 11, I do not have any problems with having a table showing forecasted units from professionals doing it. I think we need that kind of information in there. It is a forecast. I will be supporting this. Committee Chair Chock: Any further discussion? Councilmember Hooser. Councilmember Hooser: Yes, I will be supporting the amendment. I would like to ask the Planning Department to respond formally to the range of visitor units. The long extensive discussion we had, if they could come up with the high-end worst case situation of density, and then if needed, we could always address it at a future time, but I will be supporting it at this time. Committee Chair Chock: Thank you. Councilmember Kuali`i. Councilmember Kuali`i: Yes, I am prepared to support this amendment. I wanted to thank the consultant and the folks from Planning for all their knowledge and for helping me get educated as we go along. Committee Chair Chock: Thank you. Any further discussion? I too will be supporting this. I agree with some of the comments and discussion that were laid PLANNING COMMITTEE 26 MAY 13, 2015 out today. I appreciate the direction and the request to look at the low-end, what we envision, and what is the worst case scenario, I think, is a valid question. If this leads to a potential amendment in the near future, then I will most likely support that as well, but as is, I am appreciative of the work that you folks have done and I am ready to vote on this. No further discussion. The motion to amend the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 1 was then put, and carried by a vote of 4:0:0:1 (Councilmember Kaneshiro was recused). Committee Chair Chock: Great, this amendment passes. Just for process, Committee Members, we have three (3) more amendments. I would like to give consideration to Councilmember Yukimura who has to leave. She will be leaving in a minute or so. We could take the next two (2), one of mine and then Councilmember Kuali`i's for the rest of this Committee period, and then introduce Councilmember Yukimura's. I would like to give her the consideration of being present as we move through those, because I think we will have to go to ad seriatim on those. That would require us to defer once it is introduced, so I think we can do that by lunch time today. Councilmember Kagawa. Councilmember Kagawa: So the plan is to take all of the amendments, then defer, and then at the next meeting two (2) weeks from now, take up Councilmember Yukimura's amendment, and whatever else we are missing. Committee Chair Chock: Just to clarify... Councilmember Kagawa: I am fine with that. Committee Chair Chock: I think we can actually vote on Councilmember Kuali`i's and mine today. Councilmember Kagawa: Of course. I would think that for Councilmember Kuali`i's, Councilmember Hooser's, and yourself, we do not have to stop the business of entertaining these amendments. Committee Chair Chock: Perfect. Further questions or discussion? Councilmember Yukimura: I appreciate the courtesy so much. I just want you to know that if you defer for two (2) weeks that will be the Lihu`e Community Plan too. Committee Chair Chock: Understood. PLANNING COMMITTEE 27 MAY 13, 2015 Councilmember Yukimura: You might want to pick the next Committee Meeting. Committee Chair Chock: Do not worry, we have the date already. Councilmember Yukimura: Okay, thank you. Committee Chair Chock: I will entertain a motion to amend. Would you like to introduce your amendment? Councilmember Kuali`i: I have an amendment with regards to affordable housing and as circulated. Councilmember Kuali`i moved to amend the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 2, seconded by Councilmember Kagawa. (Councilmember Yukimura was noted as excused at 11:21 a.m.) Committee Chair Chock: We are doing this in an unprecedented manner by moving through our amendments in this fashion. Typically, we wait until the very end for all testimony. Please be cognizant of that and choose your testimony time appropriately. Councilmember Kuali`i: There are three (3) parts to this amendment and it is adding a sentence in each: 1, 2, and 3. In number 1 it is adding the sentence, "Support more affordable market housing by ensuring infill development provides a range of low-to-medium scale housing types, including smaller-footprint single-family units, cottage courts, duplexes, mansion apartments, townhomes, apartment houses, and courtyard buildings." And then the second sentence that I am asking to include is, "Ensure the workforce has access to a range of housing types, reflective of changing demographics and to help alleviate housing crowding conditions." The third and final is, "Work with the Planning Department to explore near-term opportunities for County-led affordable housing project within the existing town cores of Koloa and Kalaheo." I had help from the Planning Department in drafting these amendments. Committee Chair Chock: If I can add, the Planning Department, if you look at the matrix, there is a note of where they concur with the proposed amendments. That was a request from the body to ensure that it was reviewed and agreed upon. Any questions of the introducer or the Planning Department on these amendments? Councilmember Hooser. Councilmember Hooser: Yes, I have a question for the introducer. These amendments in general are positive ones, but they were not made by the CAC. I know there has been discussion earlier saying that we would not discuss...some of the Members here were not going to approve any amendments at all that were not already there and submitted by the CAC, except for typographical errors or grammar. PLANNING COMMITTEE 28 MAY 13, 2015 I am wondering if the introducer can explain his position on this amendment when he opposed other amendments for that reason. Councilmember Kuali`i: I was only following the lead of our Planning Committee Chair when he spoke up about the workforce and the affordable housing for the Lihu`e Community Plan, and I had seen that nobody actually put it forward for the South Kaua`i Community Plan. I thought that was the right thing to do. I actually do not see this as substantive or making changes to what we are already doing. If the Committee votes it down, it is probably not even necessary. The General Plan will cover it, Planning will do this work anyway, and we all agree that affordable housing, workforce housing, and seeking out the diversified possibilities to provide housing for our people is what we will all work on anyway. Councilmember Hooser: Just a brief response. I just wanted to thank the introducer for being open to changes above and beyond the CAC recommendations that improve the Plan. Thank you. Committee Chair Chock: Other questions? Would anyone like to testify on this amendment? There being no objections, the rules were suspended to take public testimony. There being no public testimony, the meeting was called back to order, and proceeded as follows: Committee Chair Chock: Further discussion? Councilmember Kagawa. Councilmember Kagawa: Thank you, Chair. I will be supporting this amendment. An amendment like this that specifies what is already highlighted in an existing condition, 1(c) says "Provide affordable housing." This one says, "Support more affordable market housing by ensuring infill..." I will not read the whole thing, but basically it expands the brief language that was there to add things that have been successful on Kauai such as in Puhi where a lot of our local residents had their first start to buy. Before Puhi came up, we did not have too many condominiums, duplex-type opportunities, but those were in the range of two hundred thousand dollars ($200,000) where families could afford to purchase. It was the start. I think it was even at one hundred twenty-five thousand dollars ($125,000), one hundred fifty thousand dollars ($150,000). This type of language supports what worked in Puhi and possibly could work for Koloa. I have numerous friends that live in Kekaha, Kaumakani, Kapa'a that drive to Po`ipu to work every day. You tell me if they would not rather have a house there that they could afford that is right next to where they work, of course they would, but we do not have many housing opportunities there. If we did come through with something like this in the area that allowed some of our local residents who have been living here a long time, making that long commute to that area available then of course we would support it. It is a slam dunk. That is what we all want. We want to give our local people with that small salary a chance to buy something affordable, and five hundred thousand dollars ($500,000) or a million dollars ($1,000,000) is not affordable. Those are the kind of opportunities that we have in Lihu`e. My friend asked me if I wanted to buy a lot, they have a lot in Pikake, and it is half a million dollars ($500,000) for the lot. I mean how is any local person going to buy something like that? It is just unbelievable. Thank you for putting in that language. Again, this is not in my view substantive because it is in PLANNING COMMITTEE 29 MAY 13, 2015 there. We are just clarifying and we actually specified some ways that worked and Puhi is an example of something that worked. Committee Chair Chock: Thank you. Councilmember Hooser. Councilmember Hooser: What is a mansion apartment? Committee Chair Chock: Mansion apartment? Councilmember Hooser: In the affordable housing paragraph. Does anyone have a definition? Councilmember Kuali`i: Marie, can you help us with this? There being no objections, the rules were suspended. Committee Chair Chock: Appendix C apparently. Ms. Williams: Could you repeat the question? Councilmember Kuali`i: The mansion apartments. Ms. Williams: Yes, this is a term used to describe a building type that will be implemented through form-based code in primarily the two (2) special planning areas: K5loa Town, and Kalaheo, and what it means is a larger home that might have several apartments within it. The facade looks like one home, a single-family home. Councilmember Hooser: Thank you. Councilmember Kuali`i: While Marie is here I just wanted to say that I do not have the experience or expertise to come up with this language. I knew the topic that I wanted to address and I asked Marie to help me with the language, so this is the language that we have from the Planning Department. Thank you, Marie. The meeting was called back to order, and proceeded as follows: Committee Chair Chock: Any further discussion, Members? I will be supporting this amendment. I think there has been discussion in the past about where we lay in terms of what we will support in amendments. I have been clear as well that I have an interest in not taking out what the CAC has input here, but I believe these amendments are enhancing some of what is already in there. That is why I am supportive. If there was a substantive change, then I would really want to relook at any potential amendment. I have not see any of those so far, and so I will be supporting this. Any other discussion? The motion to amend the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 2 was then put, and carried by a vote of 4:0:0:1 (Councilmember Kaneshiro was noted as recused). PLANNING COMMITTEE 30 MAY 13, 2015 Committee Chair Chock: The amendment passes. If I could have Councilmember Hooser introduce his amendment. Councilmember Hooser: Move to amend by request. Councilmember Hooser moved to amend the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 3, seconded by Councilmember Kagawa. Committee Chair Chock: Thank you for introducing this amendment. This amendment was actually very similar to what was passed out in the Lihu`e Community Plan amendment, and we took it out last week in the last Committee Meeting in order to address it separately. So far all the amendments, as I mentioned before, have been approved by the Planning Department. This is regarding water which I know has been an issue that has come to light for many people in the community. Basically, it states that what we are looking for is to look at water in a much more holistic way, from a regional perspective. Quite often we heard in some of the discussion previously was, "Is this not what we are already doing? Is this not our job already?" My question would be, "How are we doing in regards to it?" We certainly have a need for our most precious commodity to be managed properly. What it would elude to is some inter-agency work and I think even Maka'ala who was here this morning spoke about the need for resource integrated resource management. This is what this amendment is looking for. Councilmember Kuali`i at last week's meeting left for a very important meeting which was the CWRM (Commission on Water Resource Management) meeting here on Kauai. They have not been here in twenty (20) years. The need for us to coordinate and I do not believe that this language in my amendment is actually condemning us. It is actually saying, this is an important discussion, we need to bring it to the forefront, and we do have an obligation to do so. I think that our Court, the outcome of Kaua`i Springs says so, that we have a role in managing our water. I know that there has been some hesitation to support this amendment in the past, a few weeks ago, but all I am asking for is for the County to take at least a proactive approach to bringing together the agencies, have this regional discussion, and perhaps collaboratively look at a comprehensive strategy and how it is that we deal with our water. Any questions about this amendment? Councilmember Kuali`i. Councilmember Kuali`i: I have a quick question for the Planning Director. There being no objections, the rules were suspended. Councilmember Kuali`i: Have you had a chance to review this amendment? Mr. Dahilig: Yes, I have. Councilmember Kuali`i: Are you supportive of it word for word? Mr. Dahilig: I think we use the word concur. PLANNING COMMITTEE 31 MAY 13, 2015 Councilmember Kuali`i: Concur. Mr. Dahilig: We concur with the amendment. Councilmember Kuali`i: What I need to understand about water, in general, is that really we are looking at the three (3)pieces of water which I see:water for drinking purposes that comes to our homes, and that is under the jurisdiction of our County Water Department, and then ground water for our gardens, landscaping, and agriculture that if we are lucky enough we live next to a stream or river. If we own land and we have that opportunity. The third and final being commercial water where a company like Kaua`i Springs has access to pumping out that water and selling that water. Is it a part of Planning through your permitting, zoning, and approval processes to play a role in the two (2)...the part about ground water for agriculture, landscaping, and gardening and the other part about commercial use of water? Mr. Dahilig: I can answer that two (2) ways. The first one is we engage in a discussion of water through our permitting process directly with the Water Department. If the applicant indicates that they are coming in for a particular use and that use depends on the domestic water system as the source, then we engage with the semiautonomous body who then gives us a read whether or not there is adequate capacity in the x, y, and z. If it is something beyond domestic such as Native Hawaiian use or agricultural use we also play a role in determining, and this is by a Supreme Court precedent that we were actually involved with, specifically the Kauai Springs' case. We then have to make a determination whether or not, and this is the State's obligation, whether or not the proposed use is drawing water inconsistent or consistent with the public trust doctrine. We go through an analysis of requiring should the applicant not be drawing from the domestic water system or not using it consistent with the other two (2) pillars or the public trust doctrine. We require them to show, okay, how are you not adversely affecting the public trust by this proposed use. We do from an analysis standpoint require either a Water Department check or we require for them to provide hydrology, all these different uses should they be outside the public trust. Councilmember Kuali`i: In general terms, if what the Chair is speaking about, is to have a collaborative approach that looks at water comprehensively, and bringing these three (3) different pieces together, do you foresee yourself or the people from the Planning Department playing a role in bringing people from the Department of Water, maybe people from your Department and others...I mean would it be the State CWRM as well as far as the public trust doctrine. Mr. Dahilig: That is where the independent duty that we are charged with by Court order, along with the statutory creation of CWRM and their role as the guardians of the public trust when it comes to water overlap. There is an overlap there. Because we are arm of the State, we have certain kuleana by Court order, but CWRM also plays a lead in determining water disputes. I think when we read the proposed amendment, it does not appear that there is a specific regulatory proposal on the floor, rather it is saying that a conversation needs to be had because throughout the process, and it is true that throughout our process we did get public testimony that there were concerns about water. It is a discussion that CWRM has to involve the Water Department, has to involve agricultural users, has to involve a lot of people. Whether or not it is our body or it is CWRM's job to do that, PLANNING COMMITTEE 32 MAY 13, 2015 the amendment does not dictate that, but what it does say in general is that that conversation should occur. Councilmember Kuali`i: Thank you, Committee Chair. Committee Chair Chock: Councilmember Kagawa. Councilmember Kagawa: Mike, I think water shortage is not a Kaua`i only problem, you know that Maui has its problems, Big Island has its problems, and much more than us. On Maui they declared that you cannot wash cars on certain periods, I saw that and in California, they have water problems also. Do we need the Planning Department to have wording in here to look at the problems regarding water? Do we have to put wording like this that makes you in charge of getting a strategy for comprehensive water management? Does your Department have the expertise to do that and the power? Mr. Dahilig: I will answer those questions backwards. We are charged based off of us being an arm of the State to be guardians of the public trust. In our decision making we have to by law get involved in some water analysis. Whether or not we engage in actual water planning, that is not the capacity of our Department. Do we need to address water in our permitting actions, yes we do, but do we take the lead in terms of a comprehensive plan for these things, we do not have the expertise for that. We use the phrase, "Concur with the amendment," because it is not as if some of the things that are in the amendment are stating things that are not already required of us by our public trust duty. Because it does not identify us as the lead agency for facilitating this conversation, rather than just stating it, it was hard for us to state an objection because it does not state that we are the lead agency for that discussion to happen. Councilmember Kagawa: That could be one of the reasons why your task force, or CAC, did not put something like this in, right? Because it is not the function of the Planning Department to be the overall comprehensive agency because you need expertise and power to do it. Mr. Dahilig: I guess I cannot speak for the CAC's specifically. All I can attest to is that the record did reflect some concerns from the public regarding water, and so that is all I can attest to at this point. Councilmember Kagawa: For those reasons, I strongly oppose this amendment. Committee Chair Chock: Any other questions? Councilmember Hooser: Do you think the CAC would object to having a comprehensive strategy for water? Mr. Dahilig: Again, I cannot...because it was a body, I cannot speak for what individual members may have thought or not thought. Like I said previously, some of these items are based off our nature as being a State arm and what we are obligated to do under constitutional requirements. It is very hard to say we should not follow through with our constitutional obligations. Councilmember Hooser: Can you say that again? PLANNING COMMITTEE 33 MAY 13, 2015 Mr. Dahilig: It is very hard for us to say we should not follow through with our constitutional obligation. Councilmember Hooser: I would say that it would be very hard and actually illegal to say, I think. Mr. Dahilig: I will leave it up to the Attorney, but when we evaluated the language, we are obligated every time we get a permit that comes in to determine whether or not there is a water problem. That analysis again goes through a public trust analysis, and if it is outside the public trust analysis, then what allows you to draw from the public trust that is beyond the three (3) pillars of the doctrine. That is what I think encompassed and unveiled throughout the language of this and so when we gave the concurrence, it was heavily tied to that analysis, Councilmember, that we all recognize what our duties are under the public trust doctrine. Councilmember Hooser: I just have a hard time understanding how anyone would object to having a strategy for comprehensive water management. Mr. Dahilig: We are Planners. Planning is good. It is just that at the end of the day, while we did not raise an objection to this, is only because it did not specify our Department was responsible for this kuleana. If that language was in there, we would probably have an issue because again, I do not have a hydrologist. In fact, to even implement the Kaua`i Surings case, we have contingencies to hire hydrologists to assist in permit situations where somebody is proposing a use outside the public trust. That is why we have given the concurrence because it does not direct us to do this, it is not implied kuleana for us to do this, but at the same time it also folds in what already are our duties as a State arm, I guess. Councilmember Hooser: It is my understanding that these types of things are done in partnership with the State agencies, County agencies, and the public. We all share responsibility for this. Mr. Dahilig: Right. Councilmember Hooser: And so are you aware of anyone who has objected to having a strategy for a comprehensive water management plan or system? Mr. Dahilig: I think that is a...maybe I should let the Attorney jump in. Okay...I mean there is State Water Plan. Councilmember Hooser: Right. Mr. Dahilig: That is Chapter 174C, Section 31. That falls under CWRM's kuleana, and as you are all familiar with, they have their own determinations and they go through this process of whether something needs to be managed or not managed. I cannot really...but we are involved in...every time there are applications that come in whether it be that or Department of Water is doing their Water Plan 2020 or 2030, our Department feeds into the inputs of that analysis because we have to essentially show what the projected demand is based off of development, these types of things. It is all inter-related. PLANNING COMMITTEE 34 MAY 13, 2015 Councilmember Hooser: Right. It says that CWRM believes that we need a strategic comprehensive plan, I think they are working on that pretty much all the time, are they not? Mr. Dahilig: I know that even as recent as their visit to Kaua`i a couple weeks ago that they voted on having the Army Corps of Engineers update the water studies relevant to this island from a hydrological standpoint. That is from a duty standpoint. I know things that they are going through. They are the experts, and are the ones that have the hydrologist and geologist. A lot of times you will see us defer to their scientific judgment when these questions on adequate source come into play. When you talk about shortages, it is related to the three (3) elements essentially, source, storage, and transmission. We may have all the source in the world but the storage and transmission elements may be what lacks and that is the infrastructure part that we typically get our hands into especially when it comes into water disputes where people say, "I am not getting enough water from the pipe." Is it a source or storage issue? But that is also for the domestic water system to also address. Councilmember Hooser: And the quality of the water is also an element. Mr. Dahilig: Yes. Councilmember Hooser: So we have a strategic transportation plan included in this document, is that correct? Mr. Dahilig: Yes. Councilmember Hooser: And we have land management plans and it seems reasonable to think we would have a water management plan to encourage the Planners to look at that. That is all. We talked about that. Mr. Dahilig: Just to respond, that analysis is somewhat folded into our infrastructure analysis because what tends to be in direct play for our jurisdiction is the source and storage elements, but the source does directly flow from what I would say is CWRM's huleana. We would generally take the lead on that element. Committee Chair Chock: As the introducer, I just wanted to clarify. Really what I am looking for in this amendment and I think it is stated clearly that it is a discussion that I am looking for, a coordinated discussion. We do work with these agencies and yet there is still more that needs to be done because it is such a complex issue and there are so many issues that are arising. Waimea River is one case in point where we have seen huge amounts of diversion of water, so these are things that we need to, on a local level, also be a part of. That is the request that I am having here, is to look at it from a watershed perspective. Councilmember Kuali`i. Councilmember Kuali`i: Mike, just to make it clear, it does sound like you have said that you concur with this because it does not require you to be the lead agency. Do you see this as language that if not required at least encourages you to participate in that process? You mentioned the CWRM and the update to the water study that they talked about. I saw that when I was at the meeting as something that they would lead and that our community would need to step forward and participate in, and perhaps that our County Water Department would step forward PLANNING COMMITTEE 35 MAY 13, 2015 and participate as far as drinking water in our homes and places of businesses, but that it would be left to the community to come forward and do the other piece on water for our landscaping and agriculture. Yet though, the commercial water piece is your kuleana, correct? Mr. Dahilig: Commercial in the sense of... Councilmember Kuali`i: Kaua`i Springs. Mr. Dahilig: It becomes our kuleana, and I hate to get too technical about it, but it is because we from a use standpoint, become the first discretionary approval for something like Kauai Springs to initiate its business. Because of that and because it is a discretionary permit at that point, it is incumbent on us to then initiate and require the due diligence be done now under Court order to determine whether or not the use of the water in the commercial setting outside of the three (3) pillars of the public trust doctrine, are in fact still consistent with the public trust. That is what the Supreme Court is dictating our analysis to include now, but that responsibility does fall on us when we do a 360° review with our permit applications and we send things out. In a situation like that, our very first question is going to go over to CWRM in saying, "Can you help us out with this analysis because we are being asked whether or not this is going to imfringe on the public trust because it is outside of the three (3) pillars." That is how from a functionality standpoint we would take an analysis, and not to get too technical again. Councilmember Kuali`i: Do you see this statement as coming from the community and the Council that says, "The Council supports development of a strategy for comprehensive water management throughout the entire planning district." Do you see that statement as just a philosophical one and not one that directs you or your Department to play a role in either leading or participating in the comprehensive water management...coming up with the strategy? Mr. Dahilig: I would read it as...I am the Director in the seat now, but if you ask my opinion on this, if a conversation would be initiated to whatever responsible party that, yes, we should be bringing what is in this land use water management plan to the table as part of the considerations when they are having these water discussions. That is where, from a context discussion,just outside of the four (4) corners of this amendment, I would see that as our kuleana to actually bring the Plan to this forum when this discussion happens and to say, "Here are the other moving parts, not just water, but take a look at everything else that is going on." Councilmember Kuali`i: That is why you concur with this because you are okay with participating, you are just saying, "Do not obligate me to lead it." Mr. Dahilig: Yes. Councilmember Kuali`i: And not only do not obligate me, it is not my jurisdiction because it is CWRM's. Mr. Dahilig: Yes. Councilmember Kuali`i: In the second part though, in numbers 3, and 4, it actually calls to action because it is saying, "Pursue a strategy for comprehensive water management throughout the entire planning district." In both 3(e) and 4(b), PLANNING COMMITTEE 36 MAY 13, 2015 you do not see that as a directive towards you as Planning to lead pursuing that strategy? Mr. Dahilig: I do not see that as limiting just to our Department. Councilmember Kuali`i: Do you see it as your Department playing a leading role? Mr. Dahilig: No, I do not see it as the Department playing a lead, but what I do see is that our Department should be involved with that discussion. If the word pursue is too strong, then... Councilmember Kuali`i: You tell me. Mr. Dahilig: The way I read the word pursue is in a sense that once we hit that bridge... Councilmember Kuali`i: This is a County document being voted on by the Council, approving the community's mans o and it is saying pursue a strategy, and it is not saying who, and it is talking about the planning district, so as the Planning Director would you not agree that it references you? Mr. Dahilig: I would say I do not see it as... Councilmember Kuali`i: Or you folks. Mr. Dahilig: I see it as us being cognizant of us being part of that discussion, but whether or not we are the "lead" agency... Councilmember Kuali`i: I know that you are an attorney too so maybe you are understanding this in a way that I do not, but clearly to me it says, "pursue a strategy," so that means it is directing someone and it is talking about the planning district. You said you concur. Mr. Dahilig: Yes. Councilmember Kuali`i: If we, at a later point, hear that this means that you are to take the lead, are you comfortable with that? Do you concur with that? Mr. Dahilig: If you raise it in that context, I would say that the word could be softened, but I do not see it as directional. What it is saying is that from a condition precedence scenario when we are looking at certain elements of, let us say drainage or we are looking at infrastructure needs, that these are things that we should ask questions about. Whether or not we are actually the folks to develop the plan or not is another question, but if we are a permitting let us say an expansion of a transmission line as related to a development, we should have said, "Is there a comprehensive strategy for this? Where does this fit in the context of all the water and public trust obligations?" Whether it leads us to actually do the plan, I do not think it is for us to do the plan, I think we are saying, "Make sure that when we permit these things from a drainage standpoint and an infrastructure standpoint, we have to look at it contextually." PLANNING COMMITTEE 37 MAY 13, 2015 Councilmember Kuali`i: Let me just tell you what I am more comfortable with and I will just see if you concur. Instead of, "Pursue a strategy," it was, "The Council supports the development of a comprehensive water management strategy." That is the language that is in the first section. Mr. Dahilig: Yes, I do not see an issue with that. Councilmember Kuali`i: Do you concur? Mr. Dahilig: Yes. Councilmember Kuali`i: Okay, thank you. Committee Chair Chock: Thank you.Any further questions? I am open to considering where you are heading with this. I certainly do not want to hold us to being the lead, but again, the issue is important enough for us to consider. If you think this is important and you want to work on it further... Councilmember Kuali`i: It should be simple. Committee Chair Chock: Yes, I am open. Councilmember Hooser. Councilmember Hooser: It is my understanding that the HRS (Hawai`i Revised Statutes) requires the counties to develop a water plan, are we doing that? Mr. Dahilig: It depends on what agency and what the task is pursuant to that statute. I believe the money has been appropriated in the past by State agencies and that has gone over to the Department of Water, is with respect to developing a water plan relating to its domestic water system. Councilmember Hooser: HRS says the county water plan. Mr. Dahilig: Yes. Councilmember Hooser: So regardless of money, it says, "We shall develop this county water plan." That is already a requirement of the law. I was just waiting for the rest of the Committee was listening. HRS requires the counties to have a water plan and that is our requirement of the law. This just reinforces what is already a requirement of the law, and so I would imagine that is one reason you concur with it. Would you rather us change the language to say that you shall follow HRS? Mr. Dahilig: When we talk about from a Planning standpoint, the jurisdictional expertise issues kind of come into play here. Sure, my Department can come up with a water plan, but I do not know if it would mean or have the depth of expertise that the Council would want for something like that. At least my understanding from the State Water Plan requirements, that has been funded in the past by the State and given as grants over to the Department of Water to be developing things like the Water Plan 2020. It is something that is already memorialized in law and there is an agency tasked to do that. Councilmember Hooser: This proposed amendment does not say that you have to do something. It talks about in general terms that you need to pursue a comprehensive plan, just like HRS does not say you have to do something, it says, PLANNING COMMITTEE 38 MAY 13, 2015 "The county shall." The proposed amendment just supports what is already in HRS. It does not direct you to do anything at all. Mr. Dahilig: It touches on to what I stated earlier, the human element issues that have been raised through the CAC and the public process. It was not something that is, I would say, novel at this point in time. There is, beyond the statute, a general desire by some people that have brought it up, to have that broader conversation. Councilmember Hooser: Thank you. Committee Chair Chock: Any further questions for our Director? If not. We do have an amendment being prepared now, and I know we have an amendment that is ready, but I would like to take public testimony on this item? Do we have anyone signed up for this? Felicia. Ms. Cowden: I would like to say that I support this amendment. I want to start with the word collaboration. I think that is how I see this as being worded. There really needs to be collaboration between the Water Commission at the State level, the Department of Water, and then the Planning Department. I want to give a small example, I know we are speaking to the Koloa area and the South Shore development plan, but I see this as being really important for the General Plan and the precedent this sets for the island. I live in Iulauea, so I am going to give a north shore example. One example is, there is no laundromat facility available on the entire side of the island, I think, all the way down to Kapa`a. That is a high need. I see that as something that happens because of the lack of collaboration between all of these elements. It is not up to the Water Department to decide the usage as much as it is to decide how much and where it goes. Whereas the Planning Department, it is their kuleana to be saying, "How are we going to use it and where?" Having been a former retailer, and seeing when shopping centers are permitted and allowed, but yet there is not the water available or when we look at an agriculture park and yet there is not the water available, I think, being a key part of the water resource management is essential for Planning. I am delighted to hear that this is in here and when I tend to go to all these different meetings, the Water Commission Meetings, and did the walk in Waimea. This is something that is needed all around the island and very often I will say that State Department meetings do not have County people there, and County meetings do not have State people there. I am delighted at the thought that the Planning Department needs to show up for State Meetings and I would like to see the State show up from time to time for the Planning Department Meetings. I do believe it is possible for this cross-communication to happen and I think it is very important if there is a word that needs softening here or there, fine, but I think it is loose enough that this demonstrates collaboration rather than control. I like that. Thank you. Committee Chair Chock: Thank you. _ Mr. Bernabe: I would just like to say thank you. This is one of the issues that is close to my heart. Felicia hit the nail on the head. This is a collaboration that needs to be planned from the County's aspect to force the Commission, the Water Department, and the private landholders because...to Councilmember Kuali`i, there is no difference between an agro-cooperation that has a bunch of flumes that they have kept maintained from the plantation and a private landowner who has a creek going through their yard. They are both private. When you talk about this, you are not talking about diverse is this, diverse is that...other PLANNING COMMITTEE 39 MAY 13, 2015 than collaborating with the public, County, State, and so forth. I think the word pursue is perfect. I think you have to be aggressive in this. One of the major factors to why we do not have farming in the entirety of the island is because water costs too much. My other reason for this plan is because erosion is a big factor for Kaua`i and if we do not get the repairing waters back under control, it is going to be worst. If we do not take control of this, private entities will, and even though he pointed out Maui has restrictions and Kaua`i is doing alright, if you go to the mainland a bottle of water, 16 ounces is $4. It is more than gas. Water is valuable. We do not want it being sold out. The Supreme Court ruling says that if you are going to engage in those kinds of activities via farming or selling bottled water, it has to be in the interest of the public for generations to come. That is the catch in that Supreme Court ruling. I support the Planning Department. I totally think they should be involved in the oversight of these entities so that there is a general...she used collaboration, I was going to say coordination because we are uncoordinated when it comes to many issues. If it is not their huleana to do this, I heard all day they hire consultants to do other things, why is it any different than hiring a consultant to study the water? I do think just getting the overlay of the old ditch line systems, putting them on Google Maps, and seeing what veins we can reopen from the start, get the folks who already have stewardship programs in place like the Kilauea agriculture farm...they have the labor. There are folks like me who have the "know-how." We can hui up and reestablish one vein from across the road, bring it down there, and that is just one working example of what we can do with this. Committee Chair Chock: Thank you very much. Mr. Taylor. KEN TAYLOR: Water is becoming a very important issue for the island. I saw on one of the earlier documents that referenced to —we live on one of the wettest places on Earth. That may have been true at some point in time, but we know that in the last twenty (20) years we have seen a twenty percent (20%) decrease in water rainfall. The predictions are another twenty percent (202%) decrease in the next twenty (20) years. We need as a community to start really looking seriously at our water issues. At some point in time are we going to reach a point where we have to start rationing water to the local people so that we can keep building? I do not like that. I think good planning works within the resources that are available. We need to become self-sufficient, more agriculture to provide edible product for the island, and keep our money here on the island instead of buying on importing. I think that these amendments are really important and include these water issues and I would just say that I think you folks in the south coast area, Koloa, should form a watershed council because it deals with their watershed and all of the aspects that go along with it. It gives them great authority to control some of the planning and development that goes on there. I would highly recommend that they move forward immediately in forming a watershed council and pursuing the wonderful things that can come with that. I am in support of these amendments on the water issues and I guess I do not have more time to talk. Committee Chair Chock: Thank you. You can come back later. JOE ROSA: Talking about the Lihu`e Water Development Plan. Right now, the Lihu`e area, Grove Farm has a strangle hold on the water system. All the major wells the County has is on Grove Farm land, which was the (inaudible) which has been in the County water system for quite a while. Committee Chair Chock: Mr. Rosa, if you can just make sure to apply your testimony to the actual amendment. PLANNING COMMITTEE 40 MAY 13, 2015 Mr. Rosa: Yes, it is all dealing with the water and everything, and I was going to get to that. Like Mr. Bernabe said, there are seven (7) major rivers here on Kaua`i, and yet you do not see the water being used for agriculture. They all use domestic water and that depletes the water system. If you want farming, have the river water be used for farming. Domestic water for households and residents. Those are the things that you have to look at. It is a shame that seven (7) major rivers and yet there should not be a water problem here. Utilize whatever the rivers are providing for farming that can be used, like the plantation used it, they used it from the rivers and they had to make tunnels. Take the Lihu`e Plantation system that comes out of Kilohana Crater for many years. I have lived in Lihu`e eighty-three (83) years and the water still flows out of the Kilohana to the reservoir, and comes down to the Ahukini one. Right now, they used it to cool down the turbines on Ma'alo Road for the Kaua`i Island Utilities Cooperative (KIUC) and that is dispersing to the stream there. Again, water is a vital thing to be talked about and like I said, Grove Farm owns the majority in the Lihu`e area as far as where all the County wells are located, Kalepa and Ma'alo Road just to name a few. You have to get Grove Farm into the picture when it comes to the development. That is about it. Get the right source, people, and move on from there. That is the way it is. Thank you. Committee Chair Chock: Thank you. Would anyone else like to testify on this amendment? Seeing none. The meeting was called back to order, and proceeded as follows: Committee Chair Chock: I know there is an amendment to the amendment, forthcoming, and what I would need to entertain is for a withdrawal of the motion and second. I need Councilmember Kagawa. Councilmember Hooser: I have a question. Who is introducing the amendment to the amendment? Committee Chair Chock: I believe Councilmember Kuali`i is introducing it based on what was discussed on softening the language to be more inclusive, but I will let him...I think we have to withdraw the motion before we introduce a new one. Councilmember Kuali`i: Yes, the talk with the Planning Director about pursuing a strategy seems to direct someone to do that, and I would take that as Planning and I do not want to support that because he said that they are not taking the lead. We all know. We have the General Plan update, the update of the water plan, and CWRM and the State will take the lead in this and we will participate. I know personally I will participate and in fact the language is repetitive because what is in the last part of number 1 says, "...consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance." Really, that is what we are repeating in 3(e) and 4(b). I do not know if it is even necessary, it is just repetitive, but it is showing up in different spots of the Plan so in case someone reads it here and not there, it is purely repetitive. It also supports what HRS already has. Committee Chair Chock: I am supportive with the continuity and moving this. I think the gist of the message is intact and so I appreciate anything PLANNING COMMITTEE 41 MAY 13, 2015 that can further our own collaboration here and move this forward. I am going to take a recess if we cannot get in touch with Councilmember Kagawa. Here he is. Councilmember Kuali`i: I saw one more thing and I do not know if we have to type it up again because it is just a small matter of semantics, but I feel that the word "the" is missing in, "the Council supports." Committee Chair Chock: Okay. Councilmember Kuali`i: "The Council supports the development of a strategy," in all three (3) places. So, if we could just include that as circulated. Committee Chair Chock: I got it. Councilmember Hooser withdrew the motion to amend the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 3. Councilmember Kagawa withdrew the second. Committee Chair Chock: Would you like the reintroduce? Councilmember Kuali`i: I propose the amendment as circulated, but also including the word "the" between, "supports the development." Committee Chair Chock: You do have it in front of you. Councilmember Kuali`i: Do we? No, she has it. Committee Chair Chock: She has to do the formalities on it, so instead of introducing it now, let us move to the next amendment which is Councilmember Hooser's amendment, is that correct? She is going to work on this. Councilmember Hooser moved to amend the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 4, seconded by Councilmember Kagawa. Councilmember Hooser: This is on the topic that I introduced a couple weeks ago on the agricultural issue. What I have done is taken the comments made by various Councilmembers during that conversation and simplified the amendment. It is pretty clear, it states, "The General Plan Update (commencing 2015) should examine agricultural policies, ordinances, best practices to manage these concerns and should recommend an island-wide approach to mitigate these potential conflicts." I took Councilmember Kuali`i's suggestion and eliminated the earlier language that was proposed that essentially attempted to justify the sentence. This is greatly simplified. This is similar to the other...whether it is affordable housing, water, you could argue that it is a given and they should do this any way, but this just makes a PLANNING COMMITTEE 42 MAY 13, 2015 statement a little clearer. It also eliminates one (1) sentence which says, "The regulation of individual agricultural businesses whether large or small is best managed and assessed under their oversight and through appropriate state and federal permit processes." This is a statement of policy that makes a big statement that I believe needs to be made by this Council. It is a policy statement that essentially is discussing similar things in Court right now, so whose responsibility is it to manage agriculture, and so I think it would be best to just remove that sentence and not make a judgement on that and just leave it silent until this County, Council and/or the Courts decide on that. That is my amendment, again, two (2) sentences. One is adding one (1) sentence, and deleting one (1) sentence. Thank you. Committee Chair Chock: Any questions for the introducer? It looks a lot different from the original, the first round that you had submitted. Again, this came as a suggestion from a fellow Councilmember on their interest in... Councilmember Hooser: When we had the discussion it was on the table before, Councilmember Kuali`i had questioned some of the choices of the words that preceded the sentence of, "The General Plan Update commencing 2015 should examine..." which elaborated on the community's concerns. Rather than elaborating on those concerns, I felt it better just to simplify it as much as possible to merely include the two (2) main points. Committee Chair Chock: Any questions? Any questions of the Planning Director? I know they had an opinion on the previous amendment that was submitted, but if not...no questions. Would anyone like to speak on this amendment? Ms. Cowden: I support this amendment. I think it is a glaring example in the South Shore Development Plan that the dairy is not included. Without making a statement on whether the dairy is or is not a good idea, I really support what is happening with these General Plans from within the communities or the community development plans. When we leave off the table the areas that are of the biggest concern or interest, they become the biggest areas of concern and interest. I think that if they were in the general guidelines by the County, people would already understand what happens. I know at the last Council Meeting, Councilmember Kuali`i said, "You can go and talk to the State. It is the State's kuleana." I will speak to the fact that going to the State...I am going to wait so that I can actually talk to Councilmember Kuali`i, if I can, because he is missing so much of this. In going to the State, it costs a person to testify three hundred dollars to five hundred dollars ($300 - $500) to get over there. Sometimes you get one minute, hopefully you get three, and sometimes you get nothing. Because we do not have video conferencing or anything like that, it really is the kuleana of the Council to be listening to the people and to be hearing about it. I think we can avoid high conflict issues that we have experienced recently when we have the guidelines right in our General Plan, and then we discuss it once and for all instead of constantly kicking the can over to the State in a Honolulu based Legislature that really does not really understand the needs of the small communities in the rural neighbor islands. We have this consistent challenge, so I very much think regardless of whatever my opinion is on agriculture land practices, it does belong in our General Plan. It does belong in our community development plans. I think we will see what the majority of the people want and it will be much easier on the County whether it is Planning or the Council. Thank you. JERI DI PIETRO: Good morning, Council. I am really glad this issue came up. I think this is something we can all agree on as a person who got to sit in on a little bit of the CAC, and look at our complete streets and a lot of the very PLANNING COMMITTEE 43 MAY 13, 2015 effective things we went over for the Koloa area. One of the things I felt was left out and brought out at the time is our need to grow local food. Whether it is edible landscapes, community gardens in our parks, I think this is something that should be included when we take the time and effort for a big plan. Let us look at producing some food in this large visitor designation area. Something that we can be proud of. Something that the visitors will really cherish and will help to improve our economy and quality of life. Thank you. Committee Chair Chock: Thank you. Mr. Peters: I just wanted to take the opportunity to address the Committee and offer my support to Councilmember Hooser's inclusion of the policy statement beginning with the General Plan update commencing 2015. I feel this does an excellent job making the policy and importance clear in making this distinction and examining agricultural policy for the upcoming General Plan. Thank you. Committee Chair Chock: Thank you. Anyone else? Mr. Bernabe: Can I ask a clarifying question? I know I am not allowed to ask questions. Is the yellow the new language that is going to be inserted? Okay. Compared to what the last one was, which I did not agree with because it was a little exclusionary, I can support the concept of getting language in the General Plan on all issues via the last one we went over, this one, or traffic, so that we have guidance for the folks who are actually implementing these things. I feel that the guidance comes down and then it trickles down. Having this language in here, way better than the last one, I thank you very much. I can support something like this and the concept of getting the guidance and the language in there. That is the big key. Committee Chair Chock: Thank you. Mr. Bernabe: When you go shopping without a list, sometimes you come home with the wrong things. Committee Chair Chock: Thank you. If there is no more testimony, I would like to call the meeting back to order. The meeting was called back to order, and proceeded as follows: Committee Chair Chock: Councilmember Kagawa, discussion. Councilmember Kagawa: I want to thank Councilmember Hooser for changing the previous amendment, however, I still will not support it and these are my reasons. The General Plan update is coming up and whatever the people working on the General Plan will do...I am not really sure what will be their primary focus, secondary focus, et cetera, but I do not want the General Plan to be completed and this will give us some type of liability where we have people from the community or other Councilmembers saying, "How come you folks are not addressing GMOs (Genetically Modified Organisms) in this General Plan." The Council passed in this CAC plan specific language that said, "You should examine agricultural policies, ordinance, and best practices." The GMO debate is...you talk to one person, you will get one side, and if you talk to another person, he totally disagrees. I am not comfortable with that debate being brought into the General Plan update and holding PLANNING COMMITTEE 44 MAY 13, 2015 it up because we are saying you should have examined it because it is a hot topic and list it in here, "You should examine the policies and whatever in the General Plan," or else the General Plan should not be passed. That argument could be made. It is concerning for me because we already went there. We went there. We will see how the Courts rule on the appeal, but let us not...I do not want to go through that every single time we have a vehicle to go and fight that debate. To me, if we want to address it, then put a bill that just addresses it. You are putting it in the wrong tool, I believe, to fix the problem. That is why I am not supporting this amendment. Thank you, Chair. Committee Chair Chock: I am supportive of this amendment. I believe it falls along the lines that have previous amendments that have been presented today. Good work. I think you have listened to what people have got to say and have adapted to what the needs are in presenting it. Any further discussion on this? If not, can I have a roll call on this? The motion to amend the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 4 was then put, and carried by the following vote: FOR AMENDMENT: Hooser, Kuali`i, Chock TOTAL— 3, AGAINST AMENDMENT: Kagawa TOTAL— 1, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: Kaneshiro TOTAL — 1. Committee Chair Chock: Motion passes. Councilmember Kuali`i: As a result of considering this amendment, it made it clearer to me that I wanted similar language in the water amendment. I do not know if this is the language at the moment because we did not necessarily have time to talk to the Planning Director or County Attorney. The one other item that I would add to my water amendment, and if we have to defer it and work on it further we might have to, but this language here that clarified the State Department of Agriculture and HRS Title 11, and HAR Title 4, for the General Plan update regarding agriculture. I wanted similar language with regards to water because we had a lot of discussion about CWRM's status and that they are taking the lead on updating the water study, and really, that is the place for us to participate. Felicia talked about the collaboration of the County Water Department, CWRM, and the Planning Department, but obviously the third and most important piece is the public and community. I am excited that CWRM is coming forward in the next year, in this year, to update the water plan and I intend to participate in it that way. In this language it does not actually say anything about CWRM which is actually a part of the Department of Land and Natural Resources. I was hopeful that maybe it would be more specific to talk about water operations with regard to under the authority of HRS and HAR. Here it just says to add language that, "State agencies including the Department of Land and Natural Resources, currently regulate water under the authority of HRS." It is kind of broad but something to that effect (See Attachment 5). PLANNING COMMITTEE 45 MAY 13, 2015 Committee Chair Chock: Just to clarify, some additional language is what you are looking for, and I can concur with that, CWRM addition, starting to list some of the agencies that are in addition that are not listed here. Here are the options, it is just about 12:30 p.m., we have this amendment, and Councilmember Yukimura's, I was hopeful that we could have gone through the whole thing and then we would not have to come back until 5:00 p.m. for the public hearing. We can actually defer everything now, come back to this, since we are going to have to defer anyhow, and take up this amendment and Councilmember Yukimura's. The only issue with that was that my hope was that we could actually distribute Councilmember Yukimura's amendments because that way people have time to look at it. There are thirty-five (35) amendments, and I wanted people to actually get that. You have not introduced yours, right? Councilmember Kuali`i: I think we might have. No, we did not? Okay. Committee Chair Chock: Okay, let us just keep it off the table. We will come back to it and work on it further. I appreciate, again, the collaboration. If we could introduce Councilmember Yukimura's and get this moving. Councilmember Hooser moved to amend the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 6, seconded by Councilmember Kuali`i. Committee Chair Chock: Again, we are going to move towards a deferral for this in respect for Councilmember Yukimura's absence. Any further discussion on this? Councilmember Kagawa: I have a clarifying process question. Are we going to stop work on this and not come back at 1:30 p.m. to work on it more? Committee Chair Chock: Out of consideration for Councilmember Yukimura, we would come back to...that is the other option is that we can come back at 1:30 p.m. and complete the amendment over lunch, Councilmember Kuali`i's amendment. I am open to either one. We can break for lunch now, come back, work on that, and then just defer or just move it to the next Committee Meeting. What is your pleasure? Councilmember Kuali`i: Whatever is your pleasure, Committee Chair. If you gave me the lunch break, I might be able to work on the language. Committee Chair Chock: Okay, let us do our work. This is what we are here for. We will break for lunch at this time, we will come back to the water amendment, and then defer. We are on lunch break. There being no objections, the meeting recessed at 12:32 p.m. The meeting was called back to order at 1:50 p.m., and proceeded as follows: Committee Chair Chock: Welcome back from lunch. We left off with the introduction of Councilmember Yukimura's floor amendments, and at this time we PLANNING COMMITTEE 46 MAY 13, 2015 would like to finish off some of the earlier work on the water amendment. Could I ask Members to withdraw their motions? Councilmember Hooser withdrew the motion to amend the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 6. Councilmember Kuali`i withdrew the second. Councilmember Kuali`i: The two (2) primary things here that are highlighted is changed wording, and then the last sentence in each Section is the addition of the State's role. The wording change is pretty much the same in all places, except for accordingly or support, it says, "a comprehensive water planning strategy for the entire Planning District should be supported." That occurs in a similar version almost word for word in four (4) different places. The rest continues, which "should include, but not limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance." The primary string of what the Chair originally wanted is there. And then the last piece, the piece that I got help with referring to the State regulation it says, "Water source regulation currently falls under HRS Chapter 174C, and is facilitated through CRWM. Storage and transmission of water for the County domestic water system falls under the jurisdiction of DOW by County Charter, and DOW (Department of Water) is responsible for water planning related to the domestic system." Staff also let me know that, as it is in the Plan the acronyms are described or defined in another part of the Plan. Councilmember Kuali`i moved to amend the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 7, seconded by Councilmember Hooser. Committee Chair Chock: I just wanted to reference the difference between the first round on this and the second. I thought there might have been some other agencies articulated in the previous one. Councilmember Kuali`i: Initially it was just a quick attempt to try and put something together, but I think as we looked at it deeper, this is what the research got us. Committee Chair Chock: And so the only one in question is, I guess I am open to it, but it says, "Including Department of Land and Natural Resources," is that something that... Councilmember Kuali`i: No, the only thing I would just say is that CWRM, in the definition of CWRM it says, "State Department of Land and Natural Resources Commission on Water Resource Management." CWRM is DLNR. PLANNING COMMITTEE 47 MAY 13, 2015 Committee Chair Chock: Right, okay. Any questions of the introducer? If not, I have already taken public testimony on this item. Any further discussion? Councilmember Kagawa. Councilmember Kagawa: I hate to be the devil's-advocate again, but I will not be supporting this amendment. I do not believe the South Kaua`i Community Plan should be the venue to look at or recommend doing a comprehensive water planning strategy for the entire island. I think as stated in the resolution the lead for drinking water should be the Department of Water, they should be the ones being asked to come up with a comprehensive water strategy or we can recommend that as a Council. If we are talking about non-potable water, we should be recommending CWRM under State DLNR to do the same. I think they have the expertise in that area. I do not think the Planning Department or any consultants that they hire would know any more than them or the General Plan, in general. I just feel like we are trying to tell another agency what to do. Perhaps they already do have a plan. Is the current plan not sufficient? Why? Maybe they have a plan but they have not carried it out. The problem is not to have a new plan. The plan is how do we enforce and carryout the plan, because a lot has changed over the years. We think things are the same. We had a large sugar plantation, all over, from Kilauea to Kekaha, and they went all the way up to the mountains. They took care of a lot of the reservoirs and ditches. When the sugar cane industry went down on Kaua`i, a lot of those reservoirs, ditches, and streams, were no longer maintained. I think we have a lot of water loss in areas that used to have water when the sugar plantation was there. The Fern Grotto is the perfect example. Before, if you remember, the Fern Grotto was called that because it had ferns coming down. There are no ferns coming down anymore because there is no water. It is because the loss of the sugar plantations. The intention, great. For me, again, is this the proper venue to address a problem? Just because we have a problem, you do not put it anywhere to try and fix it. You are trying to place the correction or suggestion in the area that can actually do something about it and have the right expertise, knowledge, and oversight. I want the Planning Department to focus on the General Plan, overall, I do not know what your General Plan's focus is going to be, but I do not think the South Kaua`i Community Plan, I do not think the community members intended this document that they worked so hard on, would be welcoming these type of amendments. We are not taking into the consideration that these people did consider water, agriculture, but they felt that in their Plan it did not belong there, and that is why it is not in. Although we have difference of opinions as to how we can fix the problem, in this case, I do not think this is the right venue to fix the problem and therefore I do not think this amendment should be passed. It is up to the Committee, majority will prevail. Committee Chair Chock: Councilmember Hooser. Councilmember Hooser: Yes, I will be supporting the amendment. I want to thank Councilmember Kuali`i and Councilmember Chock for getting together on the language. I think this amendment, calling for a comprehensive water planning strategy for this planning district is a very important one. I think water is a key element to any planning process that we have. I think it should be included in every community plan, similar to affordable housing provisions and the agricultural provisions. We should be informed. Water is important to all planning districts. This list gives us a good head start on the others by getting the language down. I think it is an important addition and I am happy to give it my support. Councilmember Kuali`i: I concur with Vice Chair's comments with regards to the Planning Department focusing on the General Plan update, and I PLANNING COMMITTEE 48 MAY 13, 2015 would imagine that with community participation, water will be part of the discussion. I do agree and that is why I put this language in here. The water plan update will be led by the Commission on Water Resource Management, the State Commission. I would just encourage all of us as busy as we are to try and participate along with the community in that process. My attempt at this compromise was to spell that out with regards to the water planning strategy, and to refer to HRS Chapter 174C, and the facilitation that is done through CWRM. I am prepared to vote in support at this time. Committee Chair Chock: Thank you very much. Councilmember Kuali`i: This in no way should be seen as an opening for any kind of moratorium on the use of water. Committee Chair Chock: Thank you for the collaboration on the wording here. For me, I have a different perspective. The question for me is how are we doing on the management of our water, and what can we be do better? I certainly, by no means, through this amendment want the Planning Department to be the leader and spearheading this effort. However, I do believe that there is a need for us to look at strategy. Whether it is just a comprehensive strategy just to create an action plan towards how would some of these issues come to life for us, how we can be more effective, or how the plans that are being generated from the County to the State level can be integrated. I think it is worth it to have a discussion. A discussion that moves us in a coordinated effort to address the needs. Maybe with that plan we can talk about how it is our community members are taking better stewardship efforts towards clearing the cannels in the backyards. Whatever it is, we need to look at this holistically. If it was not an issue then we would not have issues like a 1/3 of the river being overgrown, we would not have issues of the quality at Hanalei Bay, or depletion of water because it is being diverted in Waimea Valley. These are all issues that I think we all deserve, this is our home especially, and we need to coordinate the effort to have some sort of plan moving forward. For those reasons, I support this. The motion to amend the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 7 was then put, and carried by a vote of 3:1:0:1 (Councilmember Kagawa voting no; Councilmember Kaneshiro was recused). Committee Chair Chock: Motion passes 3:1. We do have the amendment from Councilmember Yukimura, but because there are people still here after our amendments, and I did say that I would take testimony on the general posting, has anyone signed up to speak on the general item? There being no objections, the rules were suspended to take public testimony. There being no public testimony, the meeting was called back to order, and proceeded as follows: Committee Chair Chock: Seeing none, I can ask again to introduce Councilmember Yukimura's amendment. PLANNING COMMITTEE 49 MAY 13, 2015 Councilmember Hooser moved to amend the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended, as shown in the Floor Amendment which is attached hereto as Attachment 6, seconded by Councilmember Kuali`i. Committee Chair Chock: Does everyone have a copy of it? The reason why I wanted to get this out is because there are thirty-five (35) amendments on this. I think it has been stated really clearly where Councilmembers sit. Many of us do not want to take out things that the community has said is important. Some of us are focused just on the typographical amendments in nature, and others want to enhance it. I wanted to give the time moving forward to look at these amendments so that we can move expediently at the next round. Councilmember Kagawa: I just wanted to let the public know and I am glad that you are having some in your hands because I believe that a lot of these amendments looked to me like it was typographical type of amendments, but I guess the reason why I am glad that the Chair has allowed us to give it out to the community and for those watching it on television, they can access it through our Office. It is a lot of amendments and I would encourage the community to look at this closely, especially those who have worked on the original Plan. Thank you. Committee Chair Chock: Any other discussion before I make a request to defer? Councilmember Kuali`i moved to defer Bill No. 2576, Draft 1, to June 24, 2015 Committee Meeting, seconded by Councilmember Kagawa, and carried by the vote of 4:0:0:1 (Councilmember Kaneshiro was recused). Committee Chair Chock: We also have a reconsideration of the Open Space communication that was talked about earlier today. Can we have a motion to reconsider? Councilmember Kagawa moved to reconsider the vote of PL 2015-01, seconded by Councilmember Kuali`i. Committee Chair Chock: Do you have a comment? Councilmember Hooser: I understand the date for this is also June 24th and I just want to remind all of us of the testimony given by Mr. Gegen. The Open Space Commission business seems to be taking a backseat through either the inaction or the delayed action by various County departments and agencies. Here we are again pushing it another month. I do not know if anything can be done for that just out of respect to the Open Space Commission or if we could perhaps make sure at the minimum that the Planning Department has some answers on that date, and not just why there has been delays, but maybe reconcile some of those requests. If on that date we can be told by those departments or offices that they have dealt with this, it would make the delay a little easier and more palatable. Can we put that in writing to the department? There were several things that were raised in his testimony: the letters that were sent out were not...in specific projects had not been dealt with after being recommended by the Open Space Commission over a year ago. PLANNING COMMITTEE 50 MAY 13, 2015 Committee Chair Chock: Thank you. Anything else? Before we take the vote for reconsideration, since it is back on the table here, I concur and I think since our last meeting and the request from Council Chair Rapozo to put this on the agenda I have been talking to our Director of Planning. One of the reasons why we asked for a deferral today was because I think there is a clear understanding that there is some work that still needs to be done in possibly the criteria or process in how are we determining the properties and access so that they can move in the right direction. The intention is that we do come back with somewhat of a plan for us to look at. One of the other reasons is the Open Space Commission does not meet until tomorrow and I know the request was to have them get together and plan some of this out ahead of time. Our hope is that they receive that directive as we did have an Open Space Commissioner here last time, and there has been additional talks with the trust for public lands to possibly serve as more of an intermediary on the acquisition on these properties. There are pieces in the process that do need attention. One being the negotiating power. So, it comes from the Commission and then it actually continues to create energy towards a resolution. I think that there is an interest in collaborating there with this organization to do some of that groundwork. I guess my point is that I think we can expect a little bit more comprehensive response, anything else that you folks have in terms of what we should be looking at and how, we can put together a communication as soon as this week to make sure we cover all the bases. Councilmember Kagawa: I want to express some of the discontent. I think that I have been hearing other members of the community when they saw the priorities and they heard our discussion, we mentioned Black Pot Beach which we acquired for a million dollars, and then you have the Waipa request that is number 1 at one point seven million dollars ($1,700,000), and the you had the two in Po`ipu: the Hoban access which was listed at one point seven million dollars ($1,700,000), and then the Kaneiolouma Complex was listed at four million dollars ($4,000,000). These people said, "Why are we only spending money in Hanalei and Po`ipu? Are they the only ones paying to this Fund?" My answer was, "No, it comes out of everybody's real property taxes." They are wondering about the whole process of how are we choosing, are we going to be choosing equally so everybody gets something, or is it just depending on what the Administration wants? Then we have this case where they feel like even if they live in Kekaha, all their tax money is going to Po`ipu and Hanalei. Is that fair? I mean we are getting those types of requests as well. A lot of the other ones which I hear loud and clear is, "Why do we not go after accesses?" There are much needed accesses from Kapa'a to Kilauea, et cetera, that are blocked off by million dollar homes. "Is that the true intent of this Open Space Fund? You are buying parcels and heiau entry and so that goes into question when you spend all the money acquiring large parcels of land, then you have less for small accesses, but then again small accesses like Hoban is not proving to be very cheap. You would think a small strip of walking area would not cost you two million dollars ($2,000,000), right? There is not going to be any money to do everything, but at the same time what is the focus and what does the majority of our people want? That is the key that I think the Open Space Commission can come to that conclusion. Like I said, there are many people who are not living in Po`ipu and Hanalei that are not happy and I think if you count that number, that is a lot more than actually living in Hanalei and Po`ipu. I just wanted to make that point. Councilmember Kuali`i: Just briefly I wanted to mention to Commissioner Gegen and anyone else who is impatient about addressing the Open Space issue, in general, we all are impatient. In fact, if you think about it, we were just talking about this last Wednesday and Council Chair said that we need to PLANNING COMMITTEE 51 MAY 13, 2015 schedule an item and have the discussion, pull it out by itself, and work on it. To have it even show up on today's agenda is probably unheard off. It was a valiant attempt to try to tackle it the very next week, but in truth we need to be considerate of staff and even the Commission. Commissioner Gegen was here today, but not the rest of the Commission, I do not know, maybe a former Commissioner. A couple of weeks we will get to it. It is a long term battle and we want to revisit everything, what the intent is, and like some of what Vice Chair Kagawa was talking about, and make sure we move forward spending our dollars to get the most access and open space that we can. Committee Chair Chock: I think the reason why it was brought up with some intensity was that there will be a possibility that we could consider it in this budget if there is some clarity about what it is we will be focusing on. Again, they do not meet until tomorrow. Our budget process does not start until tomorrow, so this can be taken up, like Councilmember Kuali`i, in the coming months once we vet the process where we can start to delineate the ones that go into the litigation pot versus accesses or actual properties. Just to clarify that list that was up here was not the Open Space Commission's list. That was Councilmember Yukimura's list through her research that I think she was using as examples. I do not want to lead the public on to think that is what the Commission has agreed upon or the Administration at this point. I think what we can expect at least from my perspective in hearing...because I have talked to all the Commission members and Planning Department is that we can at least see that this Fund will be depleted by probably half or more in this next fiscal period. We have to start to plan for that and that is what I am hoping that we can do in preparation for the proposed date. The motion to reconsider the vote of PL 2015-01 was then put, and carried by a vote of 4:0:1:0 (Councilmember Kaneshiro was excused). Councilmember Kuali`i moved to defer PL 2015-01 to June 24, 2015 Committee Meeting, seconded by Councilmember Kagawa, and carried by a vote of 4:0:1:0 (Councilmember Kaneshiro was excused). There being no further business, the meeting was adjourned at 2:16 p.m. Respectfully submitted, c V at a � // Darrellyne . Caldeira Council Services Assistant II APPROVED at the Committee Meeting held on June 24, 2015: MASON K. CHOCK Chair, Planning Committee Attachment 1 (May 13, 2015) FLOOR AMENDMENT Relating to Amendments to the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended Introduced by: GARY L. HOOSER (61 Rtquest) 1. Amend page iv of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), Table of Contents, by amending the title of Figure 3-47, as follows: "Figure 3-47: Past and Existing Affordable Housing Projects" 2. Amend page 3-15 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Table 3-2: Coastal Area Descriptions, Coastal Area Maha`ulepu Beach, Access, in pertinent part as follows: "Access is by private road that is open to the public during daylight hours. At the Po`ipu Bay Golf Course, public access is provided via two easements: one across and the other along the property. Permanent public access is desired by the community." 3. Amend page 3-16 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Figure 3-11, Existing Public Shoreline Accesses, as shown in Attachment "A" of this Floor Amendment. 4. Amend page 3-18 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Table 3-4, Federal-Aid Highways within South Kauai Planning District, Rural Major Collector, Street Name, as follows: "Halewili Road Lawa'i Road west of Kukui`ula Harbor" 5. Amend page 3-24 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 3.4.5, Pedestrian Facilities and Safe Routes to Schools, in pertinent part as follows: "In 2007, the Koloa-Po`ipu Area Circulation Plan analyzed existing pedestrian facilities and made recommendations on several pedestrian improvements (see Figure 3-15). It also identified Koloa Town safety improvements as the highest priority, primarily to provide safe passage to students walking to and from Koloa School. They recommended adding sidewalks along Waikomo Road and Po`ipu Road for Koloa School students and improving sidewalks through the downtown core. It also recommended adding sidewalks along all of Po`ipu Road, most of Ala Kinoiki, and Ho`owili Road between Po`ipu Road and the Makai Promenade. The principal at Kalaheo Elementary has voiced a similar concern over pedestrian safety with the narrow sidewalk on Pu`u Road, which is often blocked by overgrown vegetation and no sidewalks on the lower part of Papalina Road leading up to town from Waha Road." 1 6. Amend page 3-27 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 3.4.6.3, Drainage, in pertinent part as follows: "Although South Kaua`i [is the driest part of] has some of the driest parts on the island, the average annual rainfall in the [project area] Planning District ranges from 30 inches to 200 inches from the coast to the mountains respectively. Developed areas throughout the South Kaua`i region have gutters and storm drain systems. However, the [project location] Planning District is for the most part rural [and undeveloped; therefore] with stormwater generally sheet [flows and percolates] flowing and percolating into the ground during smaller rainfall events[. Drainage systems are virtually non-existent except for small] or channeled via swales and culverts [connected] , either natural or manmade, to streams that ultimately discharge into the Pacific Ocean." 7. Amend page 3-28 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 3.4.7, Parks & Recreation, in pertinent part as follows: "The [Koloa-Po`ipu community] Planning District contains 110.66 acres of county parkland that includes one passive park, six neighborhood parks, two district parks, and three beach parks." 8. Amend page 3-30 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 3.4.10, Schools & Libraries, in pertinent part as follows: "The State of Hawai`i Board of Education divides Kauai into three complexes, each of which contains a high school and all of its feeder intermediate and elementary schools. Except for Kalaheo Elementary, all of the schools in the Planning District fall under the Kauai Complex, headed by Kauai High School in Lihu`e. Most public school students in the region attend Koloa Elementary School and then enroll in Chiefess Kamakahelei Middle School in Puhi and Kaua`i High School in Lihu`e. Only about 25-30 percent of Kalaheo Elementary school students stay within the Waimea Complex (Burkman, personal communication 2015)." 9. Amend page 3-36 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 3.5.4.1, Travel to Work, in pertinent part as follows: "Overwhelmingly, the primary means of commuting is automobile travel. With the exception of Poipu, at least 94 percent of the workforce traveled to work via car, truck or van ([Figure 76] Figure 3-35)." 10.Amend page 3-38 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 3.5.5.1, Visitor Unit Forecast and Projections, in pertinent part as follows: "SMS forecasted the number of visitor units that will be needed for the island of Kauai by 2035 and distributed those projections to the six community plan 2 • planning districts. For South Kauai, they estimated a total number of[4,181] 4,171 units will be required by 2035 (SMS [2013] 2014). With an existing 3,169 visitor units in 2013, the difference between the forecasted and existing number of visitor units is [1,012.] 1,002. By applying SMS's medium estimate of an average of 70 percent occupancy rate to the number of permitted visitor units of 1,632, the net difference between the projected required number of units and permitted units is about [130] 140 units. Depending on how many of the permitted units are actually built, especially at Kukui`ula and Pilimai at Po`ipii, this figure is relatively close to the projected need and may still require additional permitting for visitor units should these developments stall or be lower than expected." 11.Amend page 3-38 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Table 3-16, South Kaua`i Visitor Units, Forecasted and Projected Comparison, as follows: if Forecast Number of Visitor Units Required by 2035 [4,181] 4.171 Existing Number of Visitor Units,2013 3,169 Number of Permitted Visitor Units,2013 1,632 Estimated Occupancy Rate(Based on SMS Length of Stay 70% Medium Forecast of 7.1 days) Number of Additional Available Visitor Units(70% 1,142 Occupancy Rate applied to Permitted Visitor Units) Total Available Visitor Units Projected in 2035 4,311 Net Difference between Forecasted and Projected Units [+130] +140 " 12.Change all instances of 2013 to 2014 relating to the SMS Research & Marketing Services, Inc. report, "Kaua`i General Plan Update: Socioeconomic Analysis and Forecasts," throughout the entire South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), including text, captions of photographs, and appendices. 13.Amend page 3-39 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 3.6.5, Flooding, in pertinent part as follows: "Flooding can occur from excess rainfall, storm surges, high tide wave action, unmanaged drainage systems, or sea level rise. [As one of the wettest places on Earth, stream] Stream flooding on Kauai is characterized by numerous flash floods, as well as prolonged flooding associated with slowly passing rainstorms that saturate the soils. Flooding in the Planning District has mainly occurred at the Po`ipu Beach Park parking lot, in Kalaheo Stream, [due to overland flow in Po`ipn and Koloa, and from tsunami run-ups.] in Po`ipn and Koloa due to overland flow, and along the coast due to tsunami run-up. The U.S. Federal Emergency Management Agency (FEMA) develops flood hazard rating maps called FIRMs (Flood Insurance Rate Maps) to help determine flood insurance rates. Figure 3-39 shows the FIRM for the Planning District. However, the flood risk has not been determined for all areas within the Planning District." 3 14.Amend page 3-44 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 3.7.2.1, Landownership, in pertinent part as follows: "Three private landowners own approximately [40] 61.5 percent of the land within the Planning District. Alexander & Baldwin owns [8,934 acres (28.5%)] 9,999 acres (31.9%) in the western portion of the Planning District. Grove Farm Company and its affiliated companies own [2,443 acres, or 7.8%] 7,699 acres, or 24.5% of the Planning District. The Eric A. Knudsen Trust owns 1,603 acres (5.1%). State, county, and federal land comprises only about seven percent (7%) of the District's land. The remaining [53] 31.5 percent is a variety of smaller private or nonprofit landowners. See Figure 3-45." 15.Amend page 3-44 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 3.7.2.2, Development Trends, in pertinent part as follows: "[Assuming all lots in the Planning District zoned Residential are used to their full density allowed by zoning, the total population that the existing zoning could accommodate is 21,274 persons, a 66% increase over the 2010 population2. Assuming a growth rate of 1.5% based on past trends, the existing zoning could accommodate this increase over 40 years. This initial assessment is meant to provide a general sense of the current state of zoning relative to population, and is not meant to suggest whether future zoning amendments are justified or not. 2 Includes the following assumptions: (1) All lots are developed or redeveloped to the full density allowed by zoning; (2) The lots within the Resort (RR) district are used entirely for visitors and not included; (3) 76% of the Residential-zoned lots in Po`ipu are seasonal and not included; (4) The household sizes are based on the 2010 census for each census designated place; (5) Agricultural homestead lots are included.]" 16.Amend page 6-6 through 6-10 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending the numbering of Footnotes 3 through 21, to become Footnotes 2-20, to correspond with the deletion of Footnote 2 as described immediately above. 17.Amend page 3-47 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending the title of Figure 3-47, as follows: "Figure 3-47: Past and Existing Affordable Housing Projects" 18.Amend page 3-47 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Figure 3-47: Past and Affordable Housing Projects, as shown in Attachment "B" of this Floor Amendment. 19.Amend page 4-12 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Figure 4-4, Multimodal Roadway Network, as shown in Attachment "C" of this Floor Amendment. 20.Amend page 4-17 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by adding an entire new subsection to be appropriately inserted, numbered, and worded as follows: 4 4.3.1.2.3 Scenic Roadway Corridors Scenic Roadway Corridors are primarily designated in areas between towns where the surrounding lands are primarily designated Agriculture and Open. Where a Scenic Roadway Corridor is designated within a town or adioins an area planned for urban use, the primary intent is to promote setbacks, landscaping, and views of scenic features. Attention must also be given to the number of ingress and egress points along the highway, which, unless limited and carefully planned, will disrupt the free flow of traffic along the highway. Scenic Roadway Corridors are intended to provide design guidance but not to restrict the principal land uses of urban areas. 21.Amend page 4-17 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.3.2, Public Transit, in pertinent part as follows: "Amenity improvements ranked as the next top concern. 83% of these comments desired more bus shelters. As of April 2015, there are two bus shelters—one across the highway from the Lawa`i Post Office, and one at the Kalaheo Neighborhood Center, which also serves as a park and ride facility (the only designated site in South Kaua`i) and a transfer stop for both the mainline and shuttle routes. The County of Kauai Transportation Agency will also install bike racks and trash receptacles at the bus shelter across the highway from the Lawa`i Post Office and expects to start Phase II of shelter construction in early 2016. Phase II includes the bus stops at the Lawa`i Post Office, Koloa School, and at Po`ipn Road/Hoowili Road. The Transportation Agency is currently finalizing a study on implementing and prioritizing additional bus stop shelters island-wide. Through this process, additional "priority" bus shelter needs were identified for the following stops: ["Koloa School,"] "Kukui`ula Store" (which will have two bus stops), ["Kiahuna Drive" and "Po`ipu Rd/Ho`owili Rd."] and "Kiahuna Drive." " 22.Amend page 4-28 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Figure 4-24, Po`ipu Key Map, as shown in Attachment "D" of this Floor Amendment. 23.Amend Appendix C, page i of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "Sub-Article 2.1: Establishment and Designation of Zones 2.1.010 Zones Established 2.1.020 Zoning Maps Sub-Article 2.2: Transect Zones 2.2.010 Purpose 2.2.020 Applicability 2.2.030 T3 Village Edge (T3VE) 2.2.040 T3 Village Neighborhood 1 (T3VN.1) 2.2.050 T4 Neighborhood (T4N) and Neighborhood—Flex (T4N–F) 2.2.060 T4 Village Center (T4VC) and Village Center—Flex (T4VC–F)" 24.Amend Appendix C, page iii of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: 5 "5.1.090 Mix of Building Types [5.1.110] 5.1.100 Incentives [5.1.120] 5.1.110 Special Requirements" 25.Amend Appendix C, page iii of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.3.080 Public Frontages [5.3.080] 5.3.090 Public Lighting [5.3.090] 5.3.100 Thoroughfare Assemblies" 26.Amend Appendix C, page 2-i of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "Sub-Article 2.1: Establishment and Designation of Zones 2.1.010 Zones Established 2.1.020 Zoning Maps Sub-Article 2.2: Transect Zones 2.2.010 Purpose 2.2.020 Applicability 2.2.030 T3 Village Edge (T3VE) 2.2.040 T3 Village Neighborhood 1 (T3VN.1) 2.2.050 T4 Neighborhood (T4N) and Neighborhood—Flex (T4N–F) 2.2.060 T4 Village Center (T4VC) and Village Center—Flex (T4VC–F)" 27.Amend Appendix C, page 2.1-1 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "Sub-Article 2.1: Establishment and Designation of Zones Sections: 2.1.010 Zones Established 2.1.020 Zoning Maps" 28.Amend Appendix C, page 2.2-1 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "Sub-Article 2.2: Transect Zones Sections: 2.2.010 Purpose 2.2.020 Applicability [2.2.040] 2.2.030 T3 Village Edge (T3VE) [Standards] 2.2.040 T3 Village Neighborhood 1 (T3VN.1) [Standards] 2.2.050 T4 Neighborhood (T4N) and Neighborhood—Flex (T4N–F) [Standards] 2.2.060 T4 Village Center (T4VC) and Village Center—Flex (T4VC–F) [Standards]" 29.Amend Appendix C, page 5-i of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.1.090 Mix of Building Types 6 [5.1.110] 5.1.100 Incentives [5.1.120] 5.1.110 Special Requirements" 30.Amend Appendix C, page 5-i of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.3.080 Public Frontages [5.3.080] 5.3.090 Public Lighting [5.3.090] 5.3.100 Thoroughfare Assemblies" 31.Amend Appendix C, page 5.3-1 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.3.050 Movement Types and Design Speed 5.3.060 Intersections 5.3.070 Bicycle Facilities [5.3.070] 5.3.080 Public Frontages [5.3.080] 5.3.090 Public Lighting [5.3.090] 5.3.100 Thoroughfare Assemblies" 32.Amend Appendix C, page 5.1-2, Section 5.1.030(A)(3) of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), in pertinent part as follows: "The thoroughfare network shall be mapped on a regulating plan (a map of the regulated area designating the locations where different building form standards apply), and shall indicate the layout of thoroughfares and the block network according to standards established in Subsections B and C below." 33.Amend Appendix C, page 5.1-4, Section 5.1.040(B)(1) of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), in pertinent part as follows: "Each residential lot shall be within 1,000 feet of an existing or proposed playground or tot lot[.] (a small playground for young children)." 34.Amend Appendix C, page 5.1-7, Section 5.1.070(B)(3) of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), in pertinent part as follows: "The Director may approve a modulation (administrative variance or allowance) for up to 15% for the transect zone allocation within Table 5.1.070.A as long as the proposed infill regulating plan meets the objectives of this Sub-Article." 35.Amend Appendix C, pages 5.3-6 to 5.3-7, incorrectly numbered Section 5.3.080, Public Lighting, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), change all references from Section 5.3.080, Public Lighting, to Section 5.3.090, Public Lighting, including any related renumbering of tables, headings, or cross-references. 36.Amend Appendix C, pages 5.3-7 to 5.3-20, incorrectly numbered Section 5.3.090, Thoroughfare Assemblies, of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), change all references from 7 Section 5.3.090, Thoroughfare Assemblies, to Section 5.3.100, Thoroughfare Assemblies, including any related renumbering of tables, headings, or cross- references. 37.Wherever text references "xx" indicating numbering to be added in sequence, "xx/xx/xxxx" indicating the effective date of this Ordinance, or other draft date wording intended to be updated to reflect the effective date of this Ordinance, such language may be amended accordingly. 38.If any provision that is amended is also found elsewhere, such language is hereby amended to provide consistency. 39.If more than one amendment to a same section is adopted on this date, all such amendments shall take effect to the extent there is no conflict. If there is a conflict, the latest amendment shall be controlling. (Material to be deleted is bracketed. New material to be added is underscored.) V:\AMENDMENTS\2015\05-13-2015 Bill No. 2576 Dl SKCP Booklet Consultant JA_cy.docx 8 ATTACHMENT A •.Lnfva'i '0rrra'o s '. Kam , ' _ LEGEND til Existing Beach Access• LGTZVa'1 term „I r,.t . Kol oa P i , . Q • C X Z,. 2 Q, 04, C , �Lp� h,ahuna � ■If "I,,l h. J.i! M. .R' . C�.V4? .Boyden Pond I SPouhn9 Hor ,- Beach Park - ) � Kuhio Shores Kalaekik■ .- V 3a r ' [Kukui ula Harbor !Lawa'i Beach `tr� �3_-____ P RpeUSa a} Fishermen s • kiff A, Whalers COVel i Parking tot Beach House I. ,'�,M` Gott C ourse g "'L.* :j40yp_ Fishermen's Holt'Abbott I; \,.�:. i 0 4.1% Trail !Baby s Beach Sheraton Po ipu - Knudsen: E-. ,i, �IStennecke Beach .,r/ „ ' Kiehuna I Waiohai , Shipwreck's Waimea) — ' „r Beach i'oipu Beach Park i I,1�tll�E' iNukumoil J ;Boskotl i �f Hanapepe- 'flle'ele -1 Makahu ena ; Po.,pu Makai South Kaua'i .-�� IL . --J Palming Distri ... ,,,• - 0 ill:=IFerf Source:County of Keua"i,1491-2004.Data updated 2015. 0 ,600 3.200 ATTACHMENT B KaIMIIeo - _ f ,; r 4 LEGEND • .:w '1 - Brydeswood Terrace ._-_,.....--..r po.., ?!- '• 2 ` a«-�, f t `. 2 Hale Kupuna Elderly `., fOIIHIiD 1 'I. - % �,.l-.►ts..ii-..�� J IN Kalaheo Self-Help 3 `�0 tr i • _ O.yo ` •-�..0 ‘(:)-\-.7‘ Pa'anau Village Phase II `P 9p p di Pa'anau Village Phase I � �� % 1*,• II �. � Kd ,�� Kawailehua r Kukuolono ■ WA4ARD� ,. i — ` mot.,._ Hale 'Ohana II• Golf Course ''^ L17(I CI I �.. p i \ se Hale 'Ghana I •�',;dq " ` i ukp aono .`.*/i , r 9 Weliweli Subdivision 10 Potential Cooperative Housing Site l'I (Pending DOE Priority for School Site) l \� Kohl.) 7 - `1 ` I �...g I - t i • KO/017 i / ��' S 6 4�r 'r-. 9 a 4• �' 4 x°� J . j °KO‘.` — .10 , - ■ 4,, 1 ' v ,,,,,�,,,Q <dw ,:is '- f��' Po'i pi `, ..,-",,,,,i),..iii .__, 9 fllky .' P M :yto -4 I_ - c( Beffctt\� .....• _ Feer Source:County of Kauai,Housing Agency(2015);Esri,ArcGIS World Topographic basemap(2015). 0 1,750 3,500 .i:' i ATTACHMENT C - 5.....c1........m:a :�. 4.M.•Rd...d K'95_, i o 41. / �-"$ou h Kauai Jr < r.r..s / - \ . • ) If.4.-Wi ' 7.„ -.;, ivi4L404141 ''' '' ft(trill', , ''.‘..N. z. 011 �, 1[>.0 '? tr....Tme s m. ,..,•. \Oil +Qi - i x,. ..n y__ e.tn+....o......y:oov r.a,r.gf d .nwd»xn uro(ar d.worl t:•-' .....• / - - •ra a.•1.r...r.rr.mc x i - ,, - r. �f ° V.) \! f Kai. `. .21.7411 6'Om,(b r..pne+^r K+Mw.e+.0 TIP.. P✓A-P A • w.M convince/on al. ,{ l 1 a1\ , Y 11 -ID,,, \ ''\. [meow o.-Lk M 1 - - K✓.umn a{/ �.nwo ia:' /� '�. yl^ \(w a �r 0, Y 'n....n s R.•ray I^eywkd 'ice te'- / r Resmqz X R`A H E o V. _ '4 �a -' ;■ �V.r.n....ra, rgnb. ;_, �.r •I - . fl_ yElm nll....•I. rt v..�rS. j \i\_4\\ I,yovl�4�; wm•w.ero.M.w_ _H - r..c, .. i I �- KA1MU [ �� 1 r`.. 5Ac .... �.'#�W 2 _/ V J Fitivond NV--- - --- "-- 1: .. , --) rt -• ..."---, t Vont** ) Z J 1>lin.M &V MMbW j' } 7."kw�KRMPKB ••i rul. ' ' 2 ' !Kt.*cgs +• Z ` 1kn.fnha'i KK'mv SI5-'O B.y Al Kul:�r pla ,_ 6 \- , MMw+� I-, 11' PC.,ZI /\- L4W47 Ali. •• ;`•• / ..... ' \ P. I cs A'n4rte7l �•F h. ,,, Puv~ewer,. LEGEND Pw.. y,r,n.x. , — Vehicle Travel, 2-Lane •••• Pedestrian Path I Ka,. -4 ;.. :u I,IPI,Ps LacA,,,,A, i n.:u•: — Vehicle Travel,One-Way — Special Street Design(Safe Routes to School) -"" K.unti --- Future Roadway 0 Existing Roundabout Pr. — Bike Lane, Both Sides • Proposed Roundabout ••• Bike on Road Shoulder or Bike Route • Intersection Improvement Pr. — Separated Pedestrian/Bike Path L Source:USGS Topographic basemap(1993). MENCIFeet / e 0 2.250 4.500 ATTACHMENT D ,t -�, =r r 1/ i 're.. all(- i d 11 f If • " `�'' ':a YE t' F �� .,. r ......,/t •Cil •czu .•} r j rilli , .;....1„, 1>:... .■ y `` 'of r'Kq.fir # cli • . 111(;11h:4 4 ""114.$ �+ • ulrul r��► • 9 ._ t':. • - Kam 40-1- $ . tAmdtiJIg' La.id,rarJdo 'rte Cri # 1. P. , II NJriIfJNJJ \P lap, 1(64 1,c;:. • • Attachment 1 South Kauai Community Plan Consultant Amendment, May 13, 2015 PLANNING DEPARTMENT CONCURS WITH ALL Item Page No. Plan Section Proposed Changes (with explanation) No. 1 iv Table of Contents Amend page iv of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), Table of Contents, by amending the title of Figure 3-17, as follows: "Figure 3-47: Past and Existing Affordable Housing Projects" (Consultant request,for clarity) 2 3-15 Table 3-2: Coastal Amend page 3-15 of the South Kauai Community Plan booklet (2014 Planning Area Descriptions Commission-Approved Draft), by amending Table 3-2: Coastal Area Descriptions, Coastal Area Mahaulepu Beach, Access, in pertinent part as follows: "Access is by private road that is open to the public during daylight hours. At the Po`ipu Bay Golf Course, public access is provided via two easements: one across and the other along the nroverty. Permanent public access is desired by the community." (Consultant request, detail additional accesses) 3 3-16 Figure 3-11, Existing Amend page 3-16 of the South Kauai Community Plan booklet (2014 Planning Public Shoreline Commission-Approved Draft), by amending Figure 3-11, Existing Public Accesses Shoreline Accesses, as shown in Attachment "A" of this Floor Amendment. (Consultant request, detail additional accesses) 4 3-18 Table 3-4, Federal- Amend Table 3-4, Federal-Aid Highways within South Kaua`i Planning District, Aid Highways within Rural Major Collector, Street Name, as follows: South Kaua`i Planning District "Halewili Road Lawa`i Road west of Kukui`ula Harbor" (Consultant request 04-24-2015, add missing road name) Page 1 of 12 Xl�� ti 5 3-24 Section 3.4.5, Amend page 3-24 of the South Kaua`i Community Plan booklet (2014 Planning Pedestrian Facilities Commission-Approved Draft), by amending Section 3.4.5, Pedestrian Facilities and Safe Routes to and Safe Routes to Schools, in pertinent part as follows: Schools "In 2007, the Koloa-Po`ipu Area Circulation Plan analyzed existing pedestrian facilities and made recommendations on several pedestrian improvements (see Figure 3-15). It also identified Koloa Town safety improvements as the highest priority, primarily to provide safe passage to students walking to and from Koloa School. They recommended adding sidewalks along Waikomo Road and Po`ipu Road for Koloa School students and improving sidewalks through the downtown core. It also recommended adding sidewalks along all of Po`ipu Road, most of Ala Kinoiki, and Ho`owili Road between Po`ipu Road and the Makai Promenade. The principal at Kalaheo Elementary has voiced a similar concern over pedestrian safety with the narrow sidewalk on Pu`u Road, which is often blocked by overgrown vegetation and no sidewalks on the lower part of Papalina Road leading up to town from Waha Road." (Consultant request 04-24-2015, add additional information) 6 3-27 Section 3.4.6.3, Amend page 3-27 of the South Kauai Community Plan booklet (2014 Planning Drainage Commission-Approved Draft), by amending Section 3.4.6.3, Drainage, in pertinent part as follows: "Although South Kaua`i [is the driest part of] has some of the driest parts on the island, the average annual rainfall in the [project area] Planning District ranges from 30 inches to 200 inches from the coast to the mountains respectively. Developed areas throughout the South Kauai region have gutters and storm drain systems. However, the [project location] Planning District is for the most part rural [and undeveloped; therefore,] with stormwater generally sheet [flows and percolates] flowing and percolating into the ground during smaller rainfall events[. Drainage systems are virtually non-existent except for small] or channeled via swales and culverts [connected] , either natural or manmade, to streams that ultimately discharge into the Pacific Ocean." (Consultant request 04-24-2015 revision of wording) Page 2 of 12 7 3-28 Section 3.4.7, Parks Amend page 3-28 of the South Kaua`i Community Plan booklet (2014 Planning & Recreation Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 3.4.7, Parks & Recreation, in pertinent part as follows: "The [Koloa-Po`ipu community] Planning District contains 110.66 acres of county parkland that includes one passive park, six neighborhood parks, two district parks, and three beach parks." (Consultant request 04-24-2015, to clarify"Planning District"rather than Koloa and Po`ipu only) 8 3-30 Section 3.4.10, Amend page 3-30 of the South Kauai Community Plan booklet (2014 Planning Schools & Libraries Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 3.4.10, Schools & Libraries, in pertinent part as follows: "The State of Hawai`i Board of Education divides Kaua`i into three complexes, each of which contains a high school and all of its feeder intermediate and elementary schools. Except for Kalaheo Elementary, all of the schools in the Planning District fall under the Kauai Complex, headed by Kaua`i High School in Lihu`e. Most public school students in the region attend KO loa Elementary School and then enroll in Chiefess Kamakahelei Middle School in Puhi and Kauai High School in Lihu`e. Only about 25-30 percent of Kalaheo Elementary students stay within the Waimea Complex (Burkman, personal communication 2015)." (Consultant request 04-24-2015, add additional information) 9 3-36 3.5.4.1, Travel to Amend page 3-36 of the South Kaua`i Community Plan booklet (2014 Planning Work Commission-Approved Draft), by amending Section 3.5.4.1, Travel to Work, in pertinent part as follows: "Overwhelmingly, the primary means of commuting is automobile travel. With the exception of Po`ipu, at least 94 percent of the workforce traveled to work via car, truck or van ([Figure 76] Figure 3-35)." (Consultant request, typo) 10 3-28 Section 3.5.5.1, Amend page 3-38 of the South Kauai Community Plan booklet (2014 Planning Visitor Unit Forecast Commission-Approved Draft, as amended by the Planning Committee on April and Projections 15, 2015), by amending Section 3.5.5.1, Visitor Unit Forecast and Projections, in pertinent part as follows: Page 3of12 "SMS forecasted the number of visitor units that will be needed for the island of Kauai by 2035 and distributed those projections to the six community plan planning districts. For South Kaua`i, they estimated a total number of [4,181] 4,171 units will be required by 2035 (SMS [2013] 2014). With an existing 3,169 visitor units in 2013, the difference between the forecasted and existing number of visitor units is [1,012.] 1.002. By applying SMS's medium estimate of an average of 70 percent occupancy rate to the number of permitted visitor units of 1,632, the net difference between the projected required number of units and permitted units is about [130] 140 units. Depending on how many of the permitted units are actually built, especially at Kukui`ula and Pilimai at Po`ipu, this figure is relatively close to the projected need and may still require additional permitting for visitor units should these developments stall or be lower than expected." (Consultant request 04-24-2015, updated with 4,171 as the corrected projection based on their revised 2014 report, as well as the subsequent calculations. The net difference is+140. Also, updated report is dated 2014) 11 3-38 Table 3-16, South Kauai Visitor Units, Forecast Number of Visitor Units Required by 2035 [4,181] Forecasted and 4,171 Projected Comparison Existing Number of Visitor Units,2013 3,169 Number of Permitted Visitor Units,2013 1,632 Estimated Occupancy Rate(SMS medium forecast) 70% Number of Additional Available Visitor Units(70%Occupancy Rate 1,142 applied to Permitted Visitor Units) Total Available Visitor Units Projected in 2035 4,311 Net Difference between Forecasted and Projected Units ' [+130) +140 (Consultant request 04-24-2015, same as immediately above) 12 (Various) (Various) Change all instances of 2013 to 2014 relating to the SMS Research & Marketing Services, Inc. report, "Kaua`i General Plan Update: Socioeconomic Analysis and Forecasts," throughout the entire South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), including text, captions of photographs, and appendices. (Corresponds to Consultant requests immediately above) Page 4 of 12 13 3-39 Section 3.6.5, Amend page 3-39 of the South Kauai Community Plan booklet (2014 Planning Flooding Commission-Approved Draft), by amending Section 3.6.5, Flooding, in pertinent part as follows: "Flooding can occur from excess rainfall, storm surges, high tide wave action, unmanaged drainage systems, or sea level rise. [As one of the wettest places on Earth, stream] Stream flooding on Kaua`i is characterized by numerous flash floods, as well as prolonged flooding associated with slowly passing rainstorms that saturate the soils. Flooding in the Planning District has mainly occurred at the Po'ipn Beach Park parking lot, in Kalaheo Stream, [due to overland flow in Po`ipfl and Koloa, and from tsunami run-ups.] in_Po`ipn and Koloa due to overland flow, and along the coast due to tsunami run-up. The U.S. Federal Emergency Management Agency (FEMA) develops flood hazard rating maps called FIRMs (Flood Insurance Rate Maps) to help determine flood insurance rates. Figure 3-39 shows the FIRM for the Planning District. However, the flood risk has not been determined for all areas within the Planning District." (Consultant request 04-24-2015, rewording and added language) 14 3-44 Section 3.7.2.1, Amend page 3-44 of the South Kauai Community Plan booklet (2014 Planning Landownership Commission-Approved Draft), by amending Section 3.7.2.1, Landownership, in pertinent part as follows: "Three private landowners own approximately [40] 61.5 percent of the land within the Planning District. Alexander & Baldwin owns [8,934 acres (28.5%)] 9,999 acres (31.9%) in the western portion of the Planning District. Grove Farm Company and its affiliated companies own [2,443 acres, or 7.8%] 7,699 acres, or 24.5% of the Planning District. The Eric A. Knudsen Trust owns 1,603 acres (5.1%). State, county, and federal land comprises only about seven percent (7%) of the District's land. The remaining [53] 31.5 percent is a variety of smaller private or nonprofit landowners. See Figure 3-45." (Consultant request 04-24-2015, correction of acreage amounts and percentages) Page 5 of 12 15 3-44 Section 3.7.2.2, Amend page 3-44 of the South Kauai Community Plan booklet (2014 Planning Development Trends Commission-Approved Draft), by amending Section 3.7.2.2, Development Trends, in pertinent part as follows: "[Assuming all lots in the Planning District zoned Residential are used to their full density allowed by zoning, the total population that the existing zoning could accommodate is 21,274 persons, a 66% increase over the 2010 population. Assuming a growth rate of 1.5% based on past trends, the existing zoning could accommodate this increase over 40 years. This initial assessment is meant to provide a general sense of the current state of zoning relative to population, and is not meant to suggest whether future zoning amendments are justified or not. 2 Includes the following assumptions: (1) All lots are developed or redeveloped to the full density allowed by zoning; (2) The lots within the Resort (RR) district are used entirely for visitors and not included; (3) 76% of the Residential-zoned lots in Po`ipn are seasonal and not included; (4) The household sizes are based on the 2010 census for each census designated place; (5)Agricultural homestead lots are included.]" (Consultant request 04-24-2015, delete all—calculations outdated and incorrect) 16 Page 6-6 (Multiple) Amend page 6-6 through 6-10 of the South Kaua`i Community Plan booklet through 6-10 (2014 Planning Commission-Approved Draft), by amending the numbering of Footnotes 3 through 21, to become Footnotes 2-20, to correspond with the deletion of Footnote 2 as described immediately above. (Consultant request 04-24-2015, necessary change based on amendment immediately above) 17 3-47 Figure 3-47 Amend page 3-47 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending the title of Figure 3-47, as follows: "Figure 3-47: Past and Existing Affordable Housing Projects" (Consultant request, for clarity) 18 3-47 Figure 3-47 Amend page 3-47 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Figure 3-47: Past and Affordable Housing Projects, as shown in Attachment "B" of this Floor Amendment. (Consultant request, for clarity) 19 4-12 Figure 4-4, Amend page 4-12 of the South Kauai Community Plan booklet (2014 Planning Page 6 of 12 • Multimodal Roadway Commission-Approved Draft), by amending Figure 4-4, Multimodal Roadway Network Network, as shown in Attachment "C" of this Floor Amendment. (Consultant request, edits needed to key) 20 4-17 (New section) Amend page 4-17 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by adding an entire new subsection to be appropriately inserted, numbered, and worded as follows: 4.3.1.2.3 Scenic Roadway Corridors Scenic Roadway Corridors are primarily designated in areas between towns where the surrounding lands are primarily designated Agriculture and Open. Where a Scenic Roadway Corridor is designated within a town or adjoins an area planned for urban use, the primary intent is to promote setbacks, landscaping, and views of scenic features. Attention must also be given to the number of ingress and egress points along the highway, which, unless limited and carefully planned, will disrupt the free flow of traffic along the highway. Scenic Roadway Corridors are intended to provide design guidance but not to restrict the principal land uses of urban areas. (Consultant request) Page 7 of 12 21 4-17 Section 4.3.2, Public Amend page 4-17 of the South Kaua`i Community Plan booklet (2014 Planning Transit Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.3.2, Public Transit, in pertinent part as follows: "Amenity improvements ranked as the next top concern. 83% of these comments desired more bus shelters. As of April 2015, there are two bus shelters—one across the highway from the Lawa`i Post Office, and one at the Kalaheo Neighborhood Center, which also serves as a park and ride facility (the only designated site in South Kaua`i) and a transfer stop for both the mainline and shuttle routes. The County of Kauai Transportation Agency will also install bike racks and trash receptacles at the bus shelter across the highway from the Lawa`i Post Office and expects to start Phase II of shelter construction in early 2016. Phase II includes the bus stops at the Lawa`i Post Office, Koloa School, and at Po`ipu Road/Hoowili Road. The Transportation Agency is currently finalizing a study on implementing and prioritizing additional bus stop shelters island-wide. Through this process, additional "priority" bus shelter needs were identified for the following stops: ["KOloa School,"] "Kukui`ula Store" (which will have two bus stops), ["Kiahuna Drive" and "Po`ipu Rd/Ho`owili Rd."] and "Kiahuna Drive." " (Consultant request 04-24-2015, outdated information) 22 4-28 Figure 4-24, Po`ipu Amend page 4-28 of the South Kaua`i Community Plan booklet (2014 Planning Key Map Commission-Approved Draft), by amending Figure 4-24, Po`ipu Key Map, as shown in Attachment "D" of this Floor Amendment. _ (Consultant request) Page 8 of 12 23 Appendix C, page i Amend Appendix C, page i of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "Sub-Article 2.1: Establishment and Designation of Zones 2.1.010 Zones Established 2.1.020 Zoning Maps Sub-Article 2.2: Transect Zones 2.2.010 Purpose 2.2.020 Applicability 2.2.030 T3 Village Edge (T3VE) 2.2.040 T3 Village Neighborhood 1 (T3VN.1) 2.2.050 T4 Neighborhood (T4N) and Neighborhood—Flex (T4N–F) 2.2.060 T4 Village Center (T4VC) and Village Center—Flex (T4VC- F)" (Consultant request, typo) 24 Appendix C, page iii Amend Appendix C, page iii of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.1.090 Mix of Building Types [5.1.110] 5.1.100 Incentives [5.1.120] 5.1.110 Special Requirements" (Consultant request, typo) 25 Appendix C, page iii Amend Appendix C, page iii of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.3.080 Public Frontages [5.3.080] 5.3.090 Public Lighting [5.3.090] 5.3.100 Thoroughfare Assemblies" (Consultant request, typo) Page 9 of 12 26 Appendix C, page 2-i Amend Appendix C, page 2-i of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "Sub-Article 2.1: Establishment and Designation of Zones 2.1.010 Zones Established 2.1.020 Zoning Maps Sub-Article 2.2: Transect Zones 2.2.010 Purpose 2.2.020 Applicability 2.2.030 T3 Village Edge (T3VE) 2.2.040 T3 Village Neighborhood 1 (T3VN.1) 2.2.050 T4 Neighborhood (T4N) and Neighborhood—Flex (T4N–F) 2.2.060 T4 Village Center (T4VC) and Village Center—Flex (T4VC- F)" – (Consultant request, typo) 27 Appendix C, page 2.1-1 Amend Appendix C, page 2.1-1 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "Sub-Article 2.1: Establishment and Designation of Zones Sections: 2.1.010 Zones Established 2.1.020 Zoning Maps" (Consultant request, typo) 28 Appendix C, page 2.2-1 Amend Appendix C, page 2.2-1 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "Sub-Article 2.2: Transect Zones Sections: 2.2.010 Purpose 2.2.020 Applicability [2.2.040] 2.2.030 T3 Village Edge (T3VE) [Standards] 2.2.040 T3 Village Neighborhood 1 (T3VN.1) [Standards] 2.2.050 T4 Neighborhood (T4N) and Neighborhood—Flex (T4N–F) [Standards] 2.2.060 T4 Village Center (T4VC) and Village Center—Flex (T4VC- F) [Standards]" (Consultant request, typo) Page 10 of 12 29 Appendix C, page 5-i Amend Appendix C, page 5-i of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.1.090 Mix of Building Types [5.1.110] 5.1.100 Incentives [5.1.120] 5.1.110 Special Requirements" (Consultant request, typo) 30 Appendix C, page 5-i Amend Appendix C, page 5-i of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.3.080 Public Frontages [5.3.080] 5.3.090 Public Lighting [5.3.090] 5.3.100 Thoroughfare Assemblies" (Consultant request, typo) 31 Appendix C, page 5.3-1 Amend Appendix C, page 5.3-1 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), and any related renumbering of tables, headings, or cross-references, in pertinent part as follows: "5.3.050 Movement Types and Design Speed 5.3.060 Intersections 5.3.070 Bicycle Facilities [5.3.070] 5.3.080 Public Frontages [5.3.080] 5.3.090 Public Lighting [5.3.090] 5.3.100 Thoroughfare Assemblies" (Consultant request, typo) 32 Appendix C, Section 5.1.030(A)(3) Amend Appendix C, page 5.1-2, Section 5.1.030(A)(3) of the South Kauai page 5.1-2 Community Plan booklet (2014 Planning Commission-Approved Draft), in pertinent part as follows: "The thoroughfare network shall be mapped on a regulating plan (a map of the regulated area designating the locations where different building form standards apply), and shall indicate the layout of thoroughfares and the block network according to standards established in Subsections B and C below." (Consultant request,for clarification) Page 11 of 12 33 Appendix C, Section 5.1.040(B)(1) Amend Appendix C, page 5.1-4, Section 5.1.040(B)(1) of the South Kauai page 5.1-4 Community Plan booklet (2014 Planning Commission-Approved Draft), in pertinent part as follows: "Each residential lot shall be within 1,000 feet of an existing or proposed playground or tot lot[.] (a small playground for young children)." (Consultant request, for clarification) 34 Appendix C, Section 5.1.070(B)(3) Amend Appendix C, page 5.1-7, Section 5.1.070(B)(3) of the South Kauai page 5.1-7 Community Plan booklet (2014 Planning Commission-Approved Draft), in pertinent part as follows: "The Director may approve a modulation (administrative variance or allowance) for up to 15% for the transect zone allocation within Table 5.1.070.A as long as the proposed infill regulating plan meets the objectives of this Sub-Article." (Consultant request, for clarification) 35 Appendix C, pages 5.3-6 to 5.3-7 Amend Appendix C, pages 5.3-6 to 5.3-7, incorrectly numbered Section 5.3.080, Public Lighting, of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), change all references from Section 5.3.080, Public Lighting, to Section 5.3.090, Public Lighting, including any related renumbering of tables, headings, or cross-references. (Consultant request, typo) 36 Appendix C, pages 5.3-7 to 5.3-20 Amend Appendix C, pages 5.3-7 to 5.3-20, incorrectly numbered Section 5.3.090, Thoroughfare Assemblies, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), change all references from Section 5.3.090, Thoroughfare Assemblies, to Section 5.3.100, Thoroughfare Assemblies, including any related renumbering of tables, headings, or cross-references. (Consultant request, typo) 37 (Throughout) Wherever text references "xx" indicating numbering to be added in sequence, "xx/xx/xxxx" indicating the effective date of this Ordinance, or other draft date wording intended to be updated to reflect the effective date of this Ordinance, such language may be amended accordingly. (Consultant request, needed for consistency and to update final version of plan) Page 12 of 12 Attachment 2 (May 13, 2015) FLOOR AMENDMENT Relating to Amendments to the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended Introduced by: KIPUKAI KUALI`I 1. Amend page 4-42 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.11.1, Town Core Revitalization, as follows: "a. Encourage town core revitalization of Koloa and Kalaheo. • Streamline regulations through form-based codes to facilitate higher density mixed uses within the town core. • Guide redevelopment in a manner that maintains the historic character. b. Consider innovative financial methods (e.g., business improvement districts, community facilities districts) to implement street and wastewater system projects. c. Provide affordable housing for existing employees and to attract new businesses (see Section 4.2.3). d. Support more affordable market housing by ensuring infill development provides a range of low-to-medium scale housing types, including smaller-footprint single-family units, cottage courts, duplexes, mansion apartments, townhomes, apartment houses, and courtyard buildings. [d.] e. Maintain a healthy commercial balance to support locals and visitors alike." 2. Amend page 4-42 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.11.4, Jobs and Housing, as follows: "a. Anticipate and coordinate workforce training and housing needs to ensure a competent workforce ready to access livable wage opportunities while also able to afford housing in reasonable proximity to jobs. b. Ensure the workforce has access to a range of housing types, reflective of changing demographics and to help alleviate housing crowding conditions." 3. Amend page 6-13 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Table 6-2: Action Plan by County Agency, Housing Agency, Near-Term Actions (0-5 Years), in pertinent part as follows: Work with Planning and Public Works departments to develop appropriate standards for pedestrian/bicycle facilities in workforce and 1 / ■ affordable housing projects that keep development costs so projects can remain affordable. • Work with the Planning Department to explore near-term opportunities for County-led affordable housing projects within the existing town cores of Koloa and Kalaheo." 4. If any provision that is amended is also found elsewhere, such language is hereby amended to provide consistency. 5. If more than one amendment to a same section is adopted on this date, all such amendments shall take effect to the extent there is no conflict. If there is a conflict, the latest amendment shall be controlling. (Material to be deleted is bracketed. New material to be added is underscored.) V:\AMENDMENTS\2015\05-13-2015 Bill No. 2576 Dl SKCP Booklet KK JA_cy.docx • 2 Attachment 2 South Kaua`i Community Plan Councilmember KipuKai Kuali`i Amendment, May 13, 2015 PLANNING DEPARTMENT CONCURS WITH ALL Item Page Plan Section Proposed Changes (with explanation) No. No. l,._ 4-42 4.11.1, Town Core Amend page 4-42 of the South Kaua`i Community Plan booklet (2014 Planning Revitalization Commission-Approved Draft), by amending Section 4.11.1, Town Core Revitalization, as follows: "a. Encourage town core revitalization of Koloa and Kalaheo. • Streamline regulations through form-based codes to facilitate higher density mixed uses within the town core. • Guide redevelopment in a manner that maintains the historic character. b. Consider innovative financial methods (e.g., business improvement districts, community facilities districts) to implement street and wastewater system projects. c. Provide affordable housing for existing employees and to attract new businesses (see Section 4.2.3). d. Support more affordable market housing by ensuring infill development provides a range of low-to-medium scale housing types, including smaller-footprint single-family units, cottage courts, duplexes, mansion apartments, townhomes, apartment houses, and courtyard buildings. [d.] e. Maintain a healthy commercial balance to support locals and visitors alike." (Councilmember Request. Planning Department concurs) 2 4-42 4.11.4, Jobs and 1. Amend page 4-42 of the South Kaua`i Community Plan booklet (2014 Planning Housing Commission-Approved Draft), by amending Section 4.11.4, Jobs and Housing, as follows: "a. Anticipate and coordinate workforce training and housing needs to ensure a competent workforce ready to access livable wage opportunities while also able to afford housing in reasonable proximity to jobs. Page 1 of 2 * 46)-- b. Ensure the workforce has access to a range of housing types, reflective of changing demographics and to help alleviate housing crowding conditions." (Councilmember Request. Planning Department concurs) 3 6-13 Table 6-2: Action Plan Amend page 6-13 of the South Kauai Community Plan booklet (2014 Planning by County Agency, Commission-Approved Draft), by amending Table 6-2: Action Plan by County Housing Agency, Agency, Housing Agency, Near-Term Actions (0-5 Years), in pertinent part as follows: Near-Term Actions (0-5 Years) "• Work with Planning and Public Works departments to develop appropriate standards for pedestrian/bicycle facilities in workforce and affordable housing projects that keep development costs so projects can remain affordable. • Work with the Planning Department to explore near-term opportunities for County-led affordable housing projects within the existing town cores of Koloa and Kalaheo." (Councilmember Request. Planning Department concurs) Page 2 of 2 Attachment 3 (May 13, 2015) FLOOR AMENDMENT Relating to Amendments to the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended Introduced by: GARY L. HOOSER (By Request) 1. Amend page 4-7 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.1.5, Water Bodies and Wetlands, in pertinent part as follows: "The Water Bodies and Wetlands designation includes all natural and manmade water bodies and watercourses. It highlights the manmade features or those reservoirs used for irrigation purposes in a darker blue running dashed line. These water features support the natural and agricultural environments as well as sustain South Kaua`i's communities. The Kaua`i County Council received input from numerous concerned citizens with deep ties to the land in the Planning District, making clear that solutions to various water problems must be of paramount concern to the County, and carefully considered before any development may occur. Accordingly, the Council supports development of a strategy for comprehensive water management throughout the entire Planning District. Rather than relying on piecemeal, development-specific plans that may be limited in scope to the property at issue without due consideration of related impacts off-site throughout the system as a whole, this strategy should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. The following is a summary of the different features included in the mapping of the water bodies and wetlands. It also provides brief policy statements related to each." 2. Amend page 4-41 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.10, INFRASTRUCTURE & PUBLIC FACILITIES, in pertinent part as follows: "The Infrastructure & Public Facilities section identifies policies that guide the management of existing infrastructure and the development of new facilities. Capital improvement projects (CIP) should be prioritized to meet basic needs, provide ongoing maintenance and upgrades as necessary to maintain public infrastructure and to avoid or minimize interruption in service, and support the vision for South Kauai. The County has also contracted with R. M. Towill Corporation to prepare an infrastructure assessment as one of the technical studies supporting the General Plan update. It will include transportation, water, wastewater, drainage, and solid waste needs based on the 2035 projections and will focus on high-growth districts such as the South Kaua`i Planning District. It will also provide low-impact, non-traditional strategies such as natural storm water drainage. 1 As referenced in Section 4.1.5, a strategy for comprehensive water management throughout the entire Planning District should be pursued, and should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance." 3. Amend page 4-41 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.10.4, Drainage, as follows: "a. Prepare a drainage study for the Po`ipu Beach/Kaneiolouma area and propose alternative to mitigate flooding. b. Install bioswales and rain gardens along streets, in parks, and in parking lots to collect and filter rainwater runoff and increase infiltration via landscaped areas that also beautify the place. c. Continue to require new development to mitigate site-generated flows. d. Require installation of catchment systems for non-potable water use onsite such as irrigation and toilet flushing. e. Pursue a strategy for comprehensive water management throughout the entire Planning District, which should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance." 4. Amend page 4-42 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.11.3, Regional Infrastructure Needs, as follows: "a. Support and coordinate the needed development of regional multimodal transportation networks, wastewater and drainage infrastructure, and other infrastructure needs. b. Pursue a strategy for comprehensive water management throughout the entire Planning District, which should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. [b.] c. Promote and expand the Heritage Scenic Byway network system as a fun, healthy, and educational means to access the Planning District's rich collection of natural and cultural points of interests: • Expand the Holo Hobo Koloa Scenic Byway to include vehicular and non-vehicular (trails) rights-of-way, owned publicly or privately (with easements granted for public use), interconnecting points of interest throughout the Planning District; • Consider forming a nonprofit organization to manage the network system, apply for grants, charge user and/or commercial tour fees, and dedicate the revenues to the promotion, improvement, and maintenance of the network system; • Support the growth of a health and wellness industry attracted by the trail system and climate (e.g., equipment suppliers and 2 rentals, health trainers, therapists, senior housing, rehabilitation); • Respect the culture by providing education and culturally- appropriate interpretation of the area that ties together the trail alignment, points of interest, and the history; monitor impacts. [c.] d. Coordinate the wastewater and drainage regional infrastructure to enable future growth in a manner that minimizes impacts to the streams, groundwater, and coastal water quality: • Allow the private sector to take the lead to the extent they are willing and able; • Support as necessary with advance funding for regional studies and/or establishment of innovative financing (see Section 6.3)." 5. If any provision that is amended is also found elsewhere, such language is hereby amended to provide consistency. 6. If more than one amendment to a same section is adopted on this date, all such amendments shall take effect to the extent there is no conflict. If there is a conflict, the latest amendment shall be controlling. (Material to be deleted is bracketed. New material to be added is underscored.) V:\AMENDMENTS\2015\05-13-2015 Bill No. 2576 D1 SKCP Booklet MC JA_cy.docx 3 Attachment 3 South Kaua`i Community Plan Councilmember Mason K. Chock Amendment, May 13, 2015 PLANNING DEPARTMENT CONCURS WITH ALL Item Page Plan Section Proposed Changes (with explanation) No. No. 1 4-7 Section 4.1.5, Water Amend page 4-7 of the South Kauai Community Plan booklet (2014 Planning Bodies and Wetlands Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.1.5, Water Bodies and Wetlands, in pertinent part as follows: "The Water Bodies and Wetlands designation includes all natural and manmade water bodies and watercourses. It highlights the manmade features or those reservoirs used for irrigation purposes in a darker blue running dashed line. These water features support the natural and agricultural environments as well as sustain South Kaua`i's communities. The Kaua`i County Council received input from numerous concerned citizens with deep ties to the land in the Planning District, making clear that solutions to various water problems must be of paramount concern to the County, and carefully considered before any development may occur. Accordingly, the Council supports development of a strategy for comprehensive water management throughout the entire Planning District. Rather than relying on piecemeal, development-specific plans that may be limited in scope to the property at issue without due consideration of related impacts off-site throughout the system as a whole, this strategy should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. The following is a summary of the different features included in the mapping of the water bodies and wetlands. It also provides brief policy statements related to each." (Councilmember Request. Planning Department concurs) 2 4-40 Section 4.10, Amend page 4-40 of the South Kauai Community Plan booklet (2014 Planning INFRASTRUCTURE Commission-Approved Draft, as amended by the Planning Committee on April 15, & PUBLIC 2015), by amending Section 4.10, INFRASTRUCTURE & PUBLIC FACILITIES, FACILITIES as follows: "The Infrastructure & Public Facilities section identifies policies that guide the management of existing infrastructure and the development of new facilities. Capital improvement projects (CIP) should be prioritized to meet Page 1 of 4 \A,it" basic needs, provide ongoing maintenance and upgrades as necessary to maintain public infrastructure and to avoid or minimize interruption in service, and support the vision for South Kauai. The County has also contracted with R. M. Towill Corporation to prepare an infrastructure assessment as one of the technical studies supporting the General Plan update. It will include transportation, water, wastewater, drainage, and solid waste needs based on the 2035 projections and will focus on high-growth districts such as the South Kauai Planning District. It will also provide low-impact, non-traditional strategies such as natural storm water drainage. As referenced in Section 4.1.5, a strategy for comprehensive water management throughout the entire Planning District should be pursued, and should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance." (Councilmember Request. Planning Department concurs) 3 4-41 Section 4.10.4, 1. Amend page 4-41 of the South Kauai Community Plan booklet (2014 Planning Drainage Commission-Approved Draft), by amending Section 4.10.4, Drainage, as follows: "a. Prepare a drainage study for the Po`ipu Beach/Kaneiolouma area and propose alternative to mitigate flooding. b. Install bioswales and rain gardens along streets, in parks, and in parking lots to collect and filter rainwater runoff and increase infiltration via landscaped areas that also beautify the place. c. Continue to require new development to mitigate site-generated flows. d. Require installation of catchment systems for non-potable water use onsite such as irrigation and toilet flushing. e. Pursue a strategy for comprehensive water management throughout the entire Planning District, which should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance." (Councilmember Request. Planning Department concurs) Page 2 of 4 4 4-42 Section 4.11.3, 2. Amend page 4-42 of the South Kauai Community Plan booklet (2014 Planning Regional Commission-Approved Draft), by amending Section 4.11.3, Regional Infrastructure Needs Infrastructure Needs, as follows: "a. Support and coordinate the needed development of regional multimodal transportation networks, wastewater and drainage infrastructure, and other infrastructure needs. b. Pursue a strategy for comprehensive water management throughout the entire Planning District, which should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. [b.] c. Promote and expand the Heritage Scenic Byway network system as a fun, healthy, and educational means to access the Planning District's rich collection of natural and cultural points of interests: • Expand the Holo Holo Koloa Scenic Byway to include vehicular and non-vehicular (trails) rights-of-way, owned publicly or privately (with easements granted for public use), interconnecting points of interest throughout the Planning District; • Consider forming a nonprofit organization to manage the network system, apply for grants, charge user and/or commercial tour fees, and dedicate the revenues to the promotion, improvement, and maintenance of the network system; • Support the growth of a health and wellness industry attracted by the trail system and climate (e.g., equipment suppliers and rentals, health trainers, therapists, senior housing, rehabilitation); • Respect the culture by providing education and culturally- appropriate interpretation of the area that ties together the trail alignment, points of interest, and the history; monitor impacts. [c.] d. Coordinate the wastewater and drainage regional infrastructure to enable future growth in a manner that minimizes impacts to the streams, groundwater, and coastal water quality: • Allow the private sector to take the lead to the extent they are willing and able; • Support as necessary with advance funding for regional Page 3 of 4 studies and/or establishment of innovative financing (see Section 6.3)." (Couneilmember Request. Planning Department concurs) Page 4 of 4 r Attachment 4 (May 13, 2015) FLOOR AMENDMENT Relating to Amendments to the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kaua`i County Code 1987, as amended Introduced by: GARY L. HOOSER 1. Amend page 4-38 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.7, AGRICULTURE, as follows: "The Agriculture section identifies policies to guide the management of South Kaua`i's agricultural resources for economic development and for preservation. Agriculture occurs at varying scales throughout the Planning District from the large tracts of commercial farms to small rural residential farm lots. For the most part, South Kaua`i's agricultural resources are located in the Agricultural and Homestead land use designations. During the public meetings, concerns were raised about large-scale agriculture and the need for additional regulation at the County level. While such operations are permitted under existing County Agricultural zoning, there are federal and state regulations in place to oversee the day-to-day operations of such businesses. The General Plan Update (commencing 2015) should examine agricultural policies, ordinances, and best practices to manage these concerns and should recommend an island-wide approach to mitigate these potential conflicts. The State Department of Agriculture currently regulates agricultural operations under the authority of HRS Title 11 and through HAR Title 4. [The regulation of individual agricultural businesses whether large or small is best managed and assessed under their oversight and through appropriate state and federal permit processes.] The community also raised concerns about further refining the types of agriculture compatible with the Mand'ulepu area, particularly given the sensitive cultural and scenic resources surrounding those agriculturally zoned areas. The County will also be revising the draft IAL report and the recommendations to the LUC." 2. If any provision that is amended is also found elsewhere, such language is hereby amended to provide consistency. 3. If more than one amendment to a same section is adopted on this date, all such amendments shall take effect to the extent there is no conflict. If there is a conflict, the latest amendment shall be controlling. (Material to be deleted is bracketed. New material to be added is underscored.) V:\AMENDMENTS\2015\05-13-2015 Bill No. 2576 D1 SKCP Booklet GH JA_cy.docx 1 • Attachment 5 (May 13,2015) FLOOR AMENDMENT Relating to Amendments to the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kaua`i Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended Introduced by: KIPUKAI KUALI`I (By Request) 1. Amend page 4-7 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.1.5, Water Bodies and Wetlands, in pertinent part as follows: "The Water Bodies and Wetlands designation includes all natural and manmade water bodies and watercourses. It highlights the manmade features or those reservoirs used for irrigation purposes in a darker blue running dashed line. These water features support the natural and agricultural environments as well as sustain South Kaua`i's communities. The Kaua`i County Council received input from numerous concerned citizens with deep ties to the land in the Planning District, making clear that solutions to various water problems must be of paramount concern to the County, and carefully considered before any development may occur. Accordingly, the Council supports the development of a strategy for comprehensive water management throughout the entire Planning District. Rather than relying on piecemeal, development-specific plans that may be limited in scope to the property at issue without due consideration of related impacts off-site throughout the system as a whole, this strategy should include, but not be limited to, consideration of water access, infrastructure quality, and drainage, and the attendant oversight and maintenance. State agencies, including the Department of Land and Natural Resources, currently regulate water under the authority of HRS. The following is a summary of the different features included in the mapping of the water bodies and wetlands. It also provides brief policy statements related to each." 2. Amend page 4-41 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.10, INFRASTRUCTURE & PUBLIC FACILITIES, in pertinent part as follows: "The Infrastructure & Public Facilities section identifies policies that guide the management of existing infrastructure and the development of new facilities. Capital improvement projects (CIP) should be prioritized to meet basic needs, provide ongoing maintenance and upgrades as necessary to maintain public infrastructure and to avoid or minimize interruption in service, and support the vision for South Kauai. The County has also contracted with R. M. Towill Corporation to prepare an infrastructure assessment as one of the technical studies supporting the General Plan update. It will include transportation, water, wastewater, drainage, and solid waste needs based on the 2035 projections and will focus on high-growth districts such as the South Kauai Planning District. It will 1 also provide low-impact, non-traditional strategies such as natural storm water drainage. As referenced in Section 4.1.5, a strategy for comprehensive water management throughout the entire Planning District should be pursued, and should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance." 3. Amend page 4-41 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.10.4, Drainage, as follows: "a. Prepare a drainage study for the Po`ipu Beach/Kaneiolouma area and propose alternative to mitigate flooding. b. Install bioswales and rain gardens along streets, in parks, and in parking lots to collect and filter rainwater runoff and increase infiltration via landscaped areas that also beautify the place. c. Continue to require new development to mitigate site-generated flows. d. Require installation of catchment systems for non-potable water use onsite such as irrigation and toilet flushing. e. The Council supports the development of a strategy for comprehensive water management throughout the entire Planning District, which should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. State agencies, including the Department of Land and Natural Resources, currently regulate water under the authority of HRS." 4. Amend page 4-42 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.11.3, Regional Infrastructure Needs, as follows: "a. Support and coordinate the needed development of regional multimodal transportation networks, wastewater and drainage infrastructure, and other infrastructure needs. b. The Council supports the development of a strategy for comprehensive water management throughout the entire Planning District, which should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. State agencies, including the Department of Land and Natural Resources, currently regulate water under the authority of HRS. [b.] c. Promote and expand the Heritage Scenic Byway network system as a fun, healthy, and educational means to access the Planning District's rich collection of natural and cultural points of interests: • Expand the Holo Holo Koloa Scenic Byway to include vehicular and non-vehicular (trails) rights-of-way, owned publicly or privately (with easements granted for public use), interconnecting points of interest throughout the Planning District; 2 • Consider forming a nonprofit organization to manage the network system, apply for grants, charge user and/or commercial tour fees, and dedicate the revenues to the promotion, improvement, and maintenance of the network system; • Support the growth of a health and wellness industry attracted by the trail system and climate (e.g., equipment suppliers and rentals, health trainers, therapists, senior housing, rehabilitation); • Respect the culture by providing education and culturally- appropriate interpretation of the area that ties together the trail alignment, points of interest, and the history; monitor impacts. [c.] d. Coordinate the wastewater and drainage regional infrastructure to enable future growth in a manner that minimizes impacts to the streams, groundwater, and coastal water quality: Allow the private sector to take the lead to the extent they are willing and able; • Support as necessary with advance funding for regional studies and/or establishment of innovative financing (see Section 6.3)." 5. If any provision that is amended is also found elsewhere, such language is hereby amended to provide consistency. 6. If more than one amendment to a same section is adopted on this date, all such amendments shall take effect to the extent there is no conflict. If there is a conflict, the latest amendment shall be controlling. (Material to be deleted is bracketed. New material to be added is underscored.) V:\AMENDMENTS\2015\05-13-2015 Bill No. 2576 Dl SKCP Booklet MC 2 JA_cy.docx 3 Attachent 6 (May 13, 2015) FLOOR AMENDMENT Relating to Amendments to the South Kaua`i Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended Introduced by: GARY L. HOOSER (sy Re1u t51) 1. Amend page ii of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending the Table of Contents, in pertinent part as follows: "[4.1.9 Future Growth Area related to the Hanapepe--`Ele`ele Community Plan 4-9]" 2. Amend page v, of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), List of Figures, by inserting new figure names, with all subsequent figures and their cross-references to be appropriately renumbered. "Figure 4-25: Po`ipu Road, Section located in K51oa Town near K51oa Road Figure 4-26: Po`ipu Road, Section located near Blakes Lane Figure 4-27: Po`ipu Road, Resort Section Figure 4-28: Po`ipu Road, Resort Section Rendering" 3. Amend page 3-2 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Figure 3-1: Heritage Resources Map, as shown in Attachment "A" of this Floor Amendment. 4. Amend page 3-5 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 3.1.4.5, Tourism, in pertinent part as follows: "Although tourists have been coming to Hawaii since it became a U.S. territory and before, it was not until statehood in 1959 that tourism exploded and eventually overtook sugar as the primary driver of the state's economy. While drawing on the cultural and natural history of Hawaii, tourism has also defined a new set of landmarks. Po`ipu, in particular, has become the most popular visitor location on Kauai. Attractions in the region include the Tree Tunnel on Maluhia Road which was planted in 1911 with swamp mahogany (Eucalyptus robusta) trees donated by Walter McBryde (Map Point T); the headquarters of the National Tropical Botanical Garden at Lawa`i (Map Point U); the coastal trail and geological features at Maha`ulepu (Map Point V); [and] Po`ipu Beach (Map Point W)[.]; and the Lawa`i International Center (Map Point X)." 5. Amend page 3-29 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 3.4.7.1.1, Po`ipu Beach Park, as follows: "Po`ipu Beach is the premier South Shore beach destination for visitors and residents alike. The 10.5-acre County park has picnic tables and pavilions, a children's play structure, comfort stations, large grassy areas, and sheltered beaches. There is a unique stretch of sand called a tombolo, which extends 1 • from Nukumoi Point to a rocky outcrop about 300 feet from the shore. It periodically washes away and rebuilds, but is believed to be what creates the calm ocean conditions within the sheltered bays of Po`ipu Beach (Sea Engineering, Inc. 2013). Lifeguards are on guard seven days a week. Swimming, boogie boarding, surfing, snorkeling and scuba diving are popular activities along the one-mile stretch of coastline (PBRA 2014). The parking lot across the street from the beach park floods at times during heavy rains, reducing the available number of parking stalls. The park is presently under-utilized due to the lack of park amenities and landscaping in the area east of the existing pavilions up to Brennecke Beach. A carefully designed arrangement of amenities and landscaping, that could include but need not be limited to, walkways, trees, benches, and picnicking areas, would expand the usability and attractiveness of the park as well as accommodate more users. 6. Amend page 4-3 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Figure 4-1: Land Use Map, as shown in Attachment "B" of this Floor Amendment. 7. Amend page 4-4 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.1.1.1, Koloa Town, as follows: "Koloa's main street is one of the most successful walkable centers of all Kaua`i despite the lack of continuous sidewalks and busy trafficked streets. However, getting to the town is not easy without a car, and it will be important to increase accessibility of the town by transit, biking, and walking, to protect its character and functionality in the future. Koloa's town core has character, with a canopy of monkeypod trees and covered porch commercial buildings, bisected by Waikomo Stream. The center, primarily along K5loa Road between Po`ipu Road and Waikomo Road, is arranged compactly and although on-street parking is currently a bit haphazard, it does provide a buffer for pedestrians along the storefronts, enabling Koloa to support a thriving pedestrian environment. It will be important to protect the large trees that give K5loa Town so much of its character and charm. In order to support and encourage this compact pattern and prevent K5loa from sprawling outwards, future growth in this area is envisioned as tighter and denser within the town core. Mixed-use commercial is encouraged within the Neighborhood Center and an estimated 450 new residential units are required through 2035. Building heights will remain two stories maximum, respecting the Historic K5loa Town Core Special Treatment-Cultural/Historic District (KCC §10-6.3(d))." 8. Amend page 4-4 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.1.1.5, Po`ipu Gateway Mixed-Use Village, in pertinent part as follows: "Along the mauka, western, and eastern edges, the transect zones should transition to T3 zones to blend into the surrounding residential and agricultural areas. The Po`ipu Gateway Mixed-Use Village [Floating Zone] will be required to provide a minimum of 1,100 new residential units as a condition of plan approval[.], and will be required to satisfy the County's 2 affordable housing requirements on-site. If this Special Planning Area is to achieve its purposes, attention must be given to protecting the required affordable housing against speculative market forces, and to ensuring that the required affordable housing is first available to those who work in the Po`ipu-Koloa area." 9. Amend page 4-4 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.1.1.6, Numila, as follows: "Numila is an area currently zoned R-6 Residential and located within the State Land Use Urban District. Future master planning efforts will be required to determine the preferred suite of transects to apply in the area. [It will also need to be integrated with the adjacent Future Growth Area related to the Hanapepe-`Ele`ele Community Plan.] Therefore, new residential units are limited to roughly 150 units based on existing entitlements. Any master planning process for the development of Numila should be related to the place history and surrounding agricultural uses." 10.Amend page 4-5 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.1.3, Agricultural, in pertinent part as follows: "Residential development that occurs [is] on large lots [and is] should be a secondary use to the agricultural uses of the land (Opticos) and must qualify as [a "farm dwelling" or "employee housing" as defined per HRS §205-4.5(4) and HRS §205-45.5 for those on Important Agricultural Lands (IAL).] either "farm worker housing" or a "farm dwelling" as defined pursuant to the Hawaii Revised Statutes or the CZO. Further work on the definition and regulation of "farm dwelling" is needed to ensure the protection of agricultural lands, either as part of the Important Agricultural Lands (IAL) process, the General Plan Update, or both." 11.Amend page 4-9 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.1.9, Future Growth Area related to the Hanapepe-`Ele`ele Community Plan, as follows: "[4.1.9 Future Growth Area related to the Hanapepe-`Ele`ele Community Plan The Future Growth Area related to the Hanapepe-`Ele`ele Community Plan is a general designation for an area envisioned by A&B Properties, Inc. to be a master planned community supporting the growth of`Ele`ele and Port Allen. Because of the boundary shift between planning districts, it falls within the South Kauai planning district. On the Land Use Map, it is shown as a placeholder and will be further defined as part of the future Hanapepe- `Ele`ele Community Plan update. No projected residential growth for South Kauai has been allocated to the area as a part of this community plan update and the zoning will not be amended as part of this plan. It is therefore left in Agriculture on the Land Use Map. Its rough boundaries are shown as a placeholder and the area will be further defined during the future Hanapepe- `Ele`ele Community Plan update.]" 12.Amend page 4-10 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft as amended by the Planning Committee on April 15, 2015), by amending Section 4.2.3, Housing Location and Options, as follows: 3 "a. Provide for a diversity of housing to accommodate various household types, incomes and family sizes. The ability to afford a place to live close to work, commercial services, and places to play fosters independence, allows income to be spent in other ways besides transportation costs, and builds community. b. Focus the residential population to infill on vacant zoned land and strategic areas contiguous to existing settlements. Beyond the absorption within existing urban zoned land, the future population growth as projected by SMS through 2035 shall be directed to the following areas: Existing Town Centers- K51oa (24 percent) and Kalaheo (3 percent) • Po`ipu Gateway (60 percent) • Numila (8 percent) • Homestead lots (5 percent) c. Locate a mix of housing including workforce housing close to employment centers[.]; • The new Po`ipu Gateway Mixed-Use Village is an • opportunity to locate a variety of housing options including higher-density workforce housing within walking and biking distance of the Po`ipu resort community, one of the largest employment centers on the island and the largest in the Planning District (CH2MHi11 2014, Exhibit 3.3). The CAC envisioned this area to be the focus of the majority of future growth within the Planning District to preserve the character of existing historic towns. Over 1,000 housing units (60 percent of projected residential growth) has been allocated here. The CAC also envisioned this as the highest level transect in the Planning District. • Develop the existing affordable housing sites in Po`ipu: 1) Area mauka of the roundabout to the east of Po`ipu Road, and 2) Limited Equity Cooperative Housing site on western side of Po`ipu Road mauka of the roundabout as described in Condition 20 of Ordinance No. PM-2004-370. d. Allow for a variety of accessory dwellings such as `ohana units and "granny flats" within the SPAs. e. Preserve affordable housing stock and provide options that support senior housing and aging in place. f. Provide affordable housing, especially in the Koloa-Po`ipu area, a major fobs center on the island, through policies and actions that ensure sufficient affordable housing in the region. "Affordable" is defined as housing for those families whose household income does not exceed 140% of Kaua`i Median Household Income (KMHI) or below. Emphasis should be on housing for families whose household income does not exceed 100% of the KMHI or below, where the bulk of need exists. • Protect such affordable housing in perpetuity from market forces that will negate its affordability. 4 • Follow smart growth principles that locate affordable housing close to fobs and services." 13.Amend page 4-11 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.3, CONTEXT-SENSITIVE TRANSPORTATION NETWORKS, in pertinent part as follows: "South Kaua`i's transportation networks are envisioned to be scaled appropriately and integrated into their communities, whether they are for cars, transit, bicycles, or pedestrians. This is what is meant by being context- sensitive. According to the surveys and feedback received during the project kickoff, one of the most desired wishes for South Kauai is safer transportation networks, especially for pedestrians and cyclists and particularly around schools." 14.Amend page 4-28 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.3.4.3, Po`ipu, in pertinent part as follows: "As noted earlier, street sections were not drawn for Po`ipu Road as improvements to Po`ipu Road from Koloa Road to the Grand Hyatt are already on the STIP and the designs will be based on those developed during the County's Po`ipu Road Charrette. Examples of the proposed street sections developed during the Po`ipn Road Charrette are shown in Figures 4-25 to 4- xx with an illustrative rendering provided in Figure 4-xx." 15.Amend page 4-28, of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), Section 4.3.4.3, Po`ipu, by inserting a replacement Figure 4-25, Po`ipu Road, Section located in K6loa Town near Koloa Road, as shown in Attachment "C" of this Floor Amendment, with all subsequent figures and their cross-references to be appropriately renumbered. 16.Amend page 4-28, of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), Section 4.3.4.3, Po`ipu, by inserting a replacement Figure 4-26, Po`ipn Road, Section located near Blakes Lane, as shown in Attachment "D" of this Floor Amendment, with all subsequent figures and their cross-references to be appropriately renumbered. 17.Amend page 4-28, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), Section 4.3.4.3, Po`ipu, by inserting a replacement Figure 4-27, Po`ipu Road, Resort Section, as shown in Attachment "E" of this Floor Amendment, with all subsequent figures and their cross-references to be appropriately renumbered. 18.Amend page 4-28, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), Section 4.3.4.3, Po`ipu, by inserting a replacement Figure 4-28, Po`ipu Road, Resort Section Rendering, as shown in Attachment "F" of this Floor Amendment, with all subsequent figures and their cross-references to be appropriately renumbered. 19.Amend page 4-31 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.4.2, Exceptional Trees, as follows: 5 "The Exceptional Trees noted in 3.2.5 are also shown on the Land Use Map in Figure 4-1 to emphasize the importance of protecting them in future land use and improvement projects including streetscape improvements. In addition, the monkey pod trees along Koloa Road between Po`ipu and Waikomo Roads and Po`ipu Road between Koloa and Waikomo Roads should be protected and adopted as Exceptional Trees. Recently, the County contracted with an arborist to perform a preliminary study on the health of the trees along the famed tree tunnel on Maluhia Road. He found that 85 of the approximately 650 total eucalyptus robusta (swamp mahogany) trees and stumps may need further care and that further assessment should be performed (Borgatti 2014). The Mayor has convened a Task Force to further investigate the issue of tree tunnel preservation." 20.Amend page 4-38 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.7.1, Agricultural Lands as Open Space, as follows: "a. Preserve agricultural lands for agricultural use [to maintain open space and rural character of the area.] to increase food and energy security: provide fresh, healthy food for residents and visitors: diversify the economy: and maintain open space and preserve the rural character of the area." 21.Amend page 4-39 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.8, SUSTAINABLE RESORTS & TOURISM, as follows: "The Sustainable Resorts & Tourism section identifies policies to help focus economic growth in the visitor industry and develop a sustainable visitor destination in Po`ipu. Hotel and visitor accommodations are located in the Resort land use designation. However, tourism activities occur throughout the Planning District on various land designations. The Kaua`i Tourism Strategic Plan, 2006 – 2015, provides a vision for Kaua`i's resort industry, stating: Tourism on Kauai in 2015 will: • Honor the people and heritage of Kaua`i; • Support and enhance the quality of life for residents: • Value and perpetuate the natural and cultural resources on Kaua`i; • Engender mutual respect and partnership among all stakeholders; • Support a vital and sustainable economy: and • Provide a unique, memorable and enriching visitor experience. [The] Specifically, the main goal is to develop the Po`ipu Resort area as a sustainable visitor destination—one that provides eco-friendly and educational experiences, products and services, leverages and supports local 6 businesses and agriculture, relies less on cars, provides affordable workforce housing options that are protected against speculative market forces, and embodies the rich historic and cultural foundation upon which these communities were built." 22.Amend page 4-39 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.8.1, Sustainable Resorts, as follows: "a. Establish Po`ipu as a world-class [and world-leading sustainable] visitor destination[.] that is a leader in implementing best practices to become more resilient to natural hazards, and more sustainable. [Work together through PBRA to distinguish and market Po`ipu as a sustainable resort destination.] b. Work collaboratively with the Kaua`i Visitors Bureau, Po`ipu Beach Resort Association (PBRA), and the community to update and implement the Kaua`i Tourism Strategic Plan. c. During the district boundary and zoning amendment process, carefully consider the social, cultural, and environmental impacts of growth that occur as Average Daily Visitor Census (ADVC) expands. [b.] d.Enhance visitor experiences with eco-friendly products and services that also benefit the host communities and environment such as car and bike share programs, increased recycling and solid waste reduction, increased water and energy efficiency improvements, and eco-friendly soaps, cleaning products, and detergents. [c.] e. Reduce the need for personal vehicles and parking lots by improving pedestrian and bicycle access and transit service. [d.] f. Maintain parking at absolute minimum to encourage alternative modes of transportation to/from and within the Planning District. [e.] g_ Use renewable energy to power resorts. [f.] h. Encourage use of electric vehicles recharged by renewable energy. [g.] i Support local food production by sourcing locally. [h.] L Include bus pass as part of resort fee. [i. Provide shuttles to/from airport.] k. Complete the South Shore Shuttle Study and work with stakeholders to implement a fiscally sustainable shuttle system focused on mobility for visitors, residents, and resort workers. [j.] 1. Provide car rentals/car share programs at hotels. [k.] m.Reestablish a minimum pedestrian and bicycle path from Po`ipu Beach Road to Ho`one Road to improve community connectivity. [1.] n. Review demand for new visitor units compared with permitted units constructed every five years. o. Work together through PBRA to distinguish and market Po`ipu as a sustainable resort destination." 23.Amend page 4-39 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.8.2, Eco-Friendly Experiences, in pertinent part as follows: "b. [Promote sustainable] Encourage the environmentally sensitive development of tourism activities such as ecotourism, cultural tourism (Kaneiolouma), natural science tourism (Makauwahi Cave and Sinkhole), voluntourism (volunteer tourism), ag-tourism (agriculture-based tourism), 7 health and wellness tourism, and other appropriate tourism-related businesses." 24.Amend page 4-41 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.10.3(e), Wastewater, as follows: "e. Monitor the disposition and potential effect of cesspool seepage and injection wells on the groundwater and nearshore water quality." 25.Amend page 5-2, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 5.1, PURPOSE AND INTENT, bullet point #3 as follows: Promote development patterns that support safe, effective, and multimodal transportation options, including transit auto, pedestrian, and bicycle, minimizing vehicle traffic by providing a mix of land uses, walkability, and compact community form;" 26.Amend page 5-2, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 5.1, PURPOSE AND INTENT, bullet point#4 as follows: Promote the health benefits of pedestrian-oriented and transit-oriented places, including safe routes for walking, bicycling, and other exercise;" 27.Amend page 5-2, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 5.1, PURPOSE AND INTENT, bullet point#9 as follows: Promote neighborhoods with affordable, quality housing that encourage a diversity of housing choices;" 28.Amend page 6-11 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 6.1.1.1, Transfer and/or Purchase of Development Rights, in pertinent part as follows: "The concept of Transfer of Development Rights (TDR) was introduced during the CAC meetings as a potential tool to help protect certain areas rich in natural and/or cultural resources from development. TDRs allow the landowner to shift the allowable density for land uses that are otherwise permitted based on existing zoning from areas with sensitive natural or cultural resources to other properties they own elsewhere within the Planning District that may be more appropriate for development. This would result in a "density bonus" in the receiving parcels which is intended to incentivize the relocation of the proposed development. The Planning Department determined that TDRs should be addressed on an island-wide basis as part of the General Plan update. However, two specific sites were identified as potential candidates for [TDRs:] TDR "send areas": 11) the "historic property" highlighted in yellow on the Eric A. Knudsen lands in Po`ipu ma uka of Po`ipii Road by CSH (see Figure 6-1), and 12) the coastal area of Maha'ulepu shown in the "Natural" Land Use Designation on the Land Use Map (Figure 4-1). "Receive areas" would be designated where density for resort or residential is desired and deemed to be appropriate after proper review and rezoning" 8 29.Amend page 6-11 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Table 6-2: Action Plan by County Agency, Planning Department, Near-Term Actions (0-5 Years), as follows: "• Adopt the SPAs in Chapter 10. • Update General Plan. • Educate Planning and Public Works staff on FBC. • Improve permit and review processes for implementation of FBC, and explore possible streamlining mechanisms. • Add or identify at least one staff member to be dedicated to FBC implementation, review, education, and outreach. • Hold educational sessions for landowners affected by the new SPAs to inform them of the new development standards and potential opportunities. Include examples from T4 and T3 zones. Train County Planning and Public Works staff on new development standards. • Complete South Shore Shuttle Feasibility Study and move forward with possible solutions. • Work with the Mayor's Office and County Agencies to incorporate the plan's listed capital projects and priorities into the Six-Year Capital Improvements Program Report. • Propose amendments to the CZO to protect agricultural lands, in particular changes that prevent fragmentation." 30.Amend page 6-11 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Table 6-2: Action Plan by County Agency, Transportation Agency, Near-Term Actions (0-5 Years), as follows: Work with Planning Dept. and PBRA to determine best option to provide South Shore Shuttle service and initiate it. • Initiate service to `Oma`o via the revised K51oa Shuttle route. Perform ridership survey to determine what will increase ridership. • Coordinate with State DOT and DPW to improve pedestrian access around Lawa`i bus stops as new shelters are being installed. • Work with the Department of Finance, PBRA, and the community to secure sustained funding for expansion of the Kaua`i Bus in the South Kaua`i district, including a South Shore Shuttle, to be provided by contract or direct services." 31.Amend page 6-12 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Table 6-2: Action Plan by County Agency, Department of Parks and Recreation, Mid-Range Actions (5-10 Years), in pertinent part as follows: "• Implement design and construction of projects as proposed for the Planning District. • Develop amenities and landscaping on the portion of Po`ipu Beach Park east of the existing pavilions up to Brennecke Beach, including but not limited to walkways, trees, benches, and picnic areas that would increase the usability and attractiveness of the park and accommodate more users." 9 • 32.Amend page 6-13 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Table 6-2: Action Plan by County Agency, Housing Agency, Near-Term Actions (0-5 Years), by adding the following bullet points below any earlier bullet points, in pertinent part as follows: "• Work with the State of Hawaii Department of Education to secure the land located next to the future 20 acre park (that land has been identified for a pilot limited equity cooperative housing project): and complete a feasibility study. • Work with Planning Department to ensure that Po`ipu Gateway Mixed-Use Village provides the affordable housing as envisioned— protected against market speculation and related to working in the Koloa-Po`ipu area." 33.Amend page 6-14 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending the entire Section 6.5, INDICATORS, in pertinent part, with the final product allowable in bullet point or chart form, as follows: "6.5 INDICATORS Various indicators can be used to measure the relative success of the plan recommendations. They range from improvements to the built environment to social indicators to economic indicators. These indicators must be carefully selected to insure that they actually measure the progress, or lack thereof, toward the outcomes sought by the goals and objectives of the plan. Below are examples of potential indicators that could be used to measure progress. 6.5.1 Land Use • Increase [in] affordable housing supply o Number of workforce housing units in District (per Housing Agency criteria) o Annual number of new workforce housing units completed in District • Increase diversity of housing types o Percentage of multifamily housing units • [Reduction in] Reduce Use Permit and Variance applications o Annual number of Use Permit and Variance applications • [Reduction in] Reduce time required to review and process permit applications, without jeopardizing the quality of decision-making o Average number of days to process Class I, II, and III permits [• Reduction in the length of public hearings and negative public testimony] 6.5.2 Multimodal Network and Transit • Decrease [in] vehicular traffic volumes and increase level of service o Average volume on arterial and collector roads o Peak hour level of service on arterial and collector roads 10 • Increase [in] pedestrian and bike traffic o Pedestrian and bicycle counts • Increase [in] transit ridership o Average weekday ridership on local circulator • No increase in Vehicle Miles Traveled (VMT) o Annual VMT in District o Annual VMT per capita in District 6.5.3 Natural and Cultural Heritage Resources • [Protection and restoration of] Protect and restore natural and cultural resources o Number of natural and cultural restoration projects • Increased educational opportunities o Number of natural and cultural education outreach programs • [Improved] Improve water quality o Number of impaired streams 6.5.4 Public Facilities and Infrastructure • [Reduced or stabilized] Reduce or stabilize use of potable water o Gallons of water used per person from the Kalaheo-Koloa Water System o Annual number of gallons of potable water used in District • [Increased] Increase use of non-potable water from surface, catchment, and recycled water sources o Annual gallons of R-1 recycled water used • Reduced incidence of flooding at Po`ipii Beach Park o Annual number of flooding incidents at Po`ipi Beach Park • [Reduced] Reduce property damage [(value and number of incidents)] due to flooding o Total value of property damage due to flooding • [Increased] Increase use [and number of reservations at] of parks and recreational facilities o Annual number of reservations at parks and recreational facilities • [Reduction in] Reduce quantity of solid waste processed at landfill o Tons of solid waste processed at landfill • [Reduction in] Reduce the number of complaints o Number of complaints regarding facilities in South Kauai received by the Mayor's Office 6.5.5 Economic Indicators 11 • Increase [in the number of jobs/reduction in] fobs and reduce unemployment o Number of jobs o Unemployment rate • [Increase in diversification of labor force/business establishments] Diversify the economy o Percentage of workforce employed in visitor industry o Number of business establishments • Increase in home ownership/decrease in homelessness o Homeownership rate o Homelessness rate • Increase [in] agricultural production o Number of acres in agricultural use • Increase in the number of visitors/occupancy rates o Average visitor occupancy rate in District o Visitor arrivals for South Kauai visitor accommodations • Increase in permit applications and their cumulative value o Annual number of zoning permits approved for District o Cumulative value of zoning permits approved for District • Increase in property values and tax collections o Total real property tax collections in District" 34.Amend page 6-14 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 6.6, MONITORING, as follows: "Once the South Kauai Community Plan is adopted, monitoring for the SPAs should occur annually for at least the first five years to determine the effectiveness and ease of implementation for developers and review by Planning Department staff. Reports shall be transmitted to the Planning Commission and County Council. Adjustments and fine tuning should occur as needed. Once staff becomes proficient in their reviews, monitoring can shift to once every five years." 35.Wherever text references "xx" indicating numbering to be added in sequence, "xx/xx/xxxx" indicating the effective date of this Ordinance, or other draft date wording intended to be updated to reflect the effective date of this Ordinance, such language may be amended accordingly. 36.If any provision that is amended is also found elsewhere, such language is hereby amended to provide consistency. 37.If more than one amendment to a same section is adopted on this date, all such amendments shall take effect to the extent there is no conflict. If there is a conflict, the latest amendment shall be controlling. (Material to be deleted is bracketed. New material to be added is underscored.) (V:\AMENDMENTS\2015\5-13-15 Bill No. 2576, Draft 1-SKCP-JY-JA_lc.doc) 12 ATTACHMENT"A" 1 ! A mr Nolu Fishpond =`i B Spouting Horn LEG E N D ©General area of Kukona's defeat or Kalaunurohua ID Ahupua'a - OD Kanerolouma herau OKane'aukai herau D Watershed Boundary F ��,,;,�rlr ;,� ) Dune Land and Beach (may contain burials) 1 GG I ukuiolono Kaua'i General Plan(2000) 9 HOKoloa Field System Heiau 0 Koloa Landing or Hanaka'ape Bay • National Register of Historic Places I. O Hapa Trail OKoloa Town-koloa Missionary Church,Koloa Union Register of Historic Places Church.Church at Koloa.Saint Raphael Catholic Church, ti, ri • Other Natural,Historic,Cultural or Scenic Features Hongwap Mission,and Kbloa lodo Mission Scenic Roadway Corridors OKuhio Park and tio'ai heraui KPK Development Plan (1970) MOKoloa Sugar Mill(Old) * Major Landmark NOKoloa Sugar Mill'New) rrv'' Minor Landmark OOMcBryde Plantation Mill ts P Pineapple cannery South Shore Multi Modal Plan (2013)Q�WartaReservoir Points of Interest°Alexander Reservoir Holo Holo Koloa Corridor Management Plan (2012) SO'Elua Reservoir -\OCoasta trai . H Points of Interest 'O National Tropical Botanical Garden Holo Holo Koloa Scenic Byway�U°Coastal trail and geological feature;of Maha'ulepu J�it O Po'ipu Beach ©OL3�.a'r International Center l` j a .�0 } KO •,t 0 {, ® pAPgYi �9 r✓( APO NA9p t use' PPS O ®® l\ i Y¢ 9CP 6 O. Za I C ALA KUKUIULA a ZO ,„ ) - . - ..H K'% .- -© T90 ,n Special Note The moku and ahupuo a boundaries shown on this map OT 1\ will be updated with those developed by Na HokU Welo �. � os port of the Koua'i Nui Kuopopo project. 0 s ,r9. Source:County of Kaua'i,General Plan(2010)and Development Plan(1970);Office of Hawaiian Affairs(2010); o Holo Holo Koloa Corridor Management Plan(2012);USDA-NRCS,Soil Survey Geographic(SSURGO,1972). © Fee.' 0 a sX 9 oCC ATTACHMENT"B" LEGEND `apali Kb 0 South Kaua'i Planning District Halclt'a C_] Ahupua'a Boundary • C' Exceptional Trees .._] Special Planning Area(SPA) Kona Neighborhood Center t'tnta Neighborhood General tna Neighborhood Edge Small Village South - Large Village Kauai i ® Natural Island of Kauai © Water Bodies and Wetlands o. the moku and ohupuo o boundaries ;„x `�,„, _ - - Streams shown on this mop will be updated with those V x ` --- - �•� ' Irrigation,Reservoirs,Ditches and Flumes developed by Nb HOkli Welo as port of the u--° I �' ?-. Agricultural(IAL) Kaua'iNutKuapopoproject. F'%.-r Agricultural(Other) S'•, a „ Parks and Recreation e+w0"" Homestead n z 'I - _ Residential yy •. TOOL• MI Resort 'ifs a:..m.L,4 s..„., i. r- Proposed 9�a:e ♦ /-- • c__.. Visitor Destination Area Boundary(VDA) �\ \' �., - Industrial• State Road&Highway �Ci\+ -� �� ..!;4 • '� Road 6:? --Town \ 4.... � .04 1\ t f _ i IiiiF. •lei! {l:lx d Hnrinu .t 1 %1 ..' ,' ��k -' E ” {, �te.r•rtu `•�i� Ko _ I 1 1 F'I.I nrnr( - .,. ..e.,.5�`kI M k I M1 - y�� __. f Oa Rb r ,`10.agQ” _-�., y •,r l' / % ,� .I'� �1 - �7 �Y i°W 'e� Vdr6rnrxr PM. /' I ` ,t c4P k \ .� E ec.oa t d sg I- d _ �� _ t``. I.I �_ . \l', J Y R]M A D R..Rnud1Y 1 R< 7i/ - r _ _ •L`I h1 ..lid beneenn.< Rd a ,Re h f t • -'l' �' /Plkj \ I - V / i N.m I t i I \ ,% 9 - -t _ _ .S- , H.rula Berch 0 '-,f21luu,.rl(..iukrr.l\ �t I .. `r t \ P.w'oPuna v \ rM1 rem; a ' iY, _ i\ `,-- ,` J•.- _ -$ t• ` e' 1 1 jhr t K>Ya;ku '- ... .i Nl rfu �.rvNe Cum.!. � �1 ti1.lAJ a . ',,,Sc Po tbu Gateway 011un Bcach ^I( - 1►�. _ - �llrlseb. 1 l Mixed•UUViltp--c I'uk T!?bnrirh ).-----" Yl a,ugq C - i Hnrn M,ln� .l.� a � H.vly+ is \ L.lt�>'It 9.SYI ri"r„ y ,:y.. Kukuruls= Po OuI \ < 'wL1rY ipNif Roundabout �- % Rea Dmle. 1•500Tetat Ulo Permitted 'Ake `: el'Ake visitor.units lowed to 750. Itrruk.r.ipe BA ' ".l.•. kevru•lul M.IkmYx•hi Rlllrn n,p) 8jv IMMEIM Feet ATTACHMENT"C" k c.c.' Rik g r of , MENT _-- - --.NI 1 L i i k I 1 I fir/1 re o- i - I A 1 I t . ' I • it Jw 1 ■ . . • . m._. . s "91 ; il 1 • 16EE)j fr q q I q i ii , I r k,orin Is 'at a•.twnws w,.........•..w.•••w«...........�r��ar �NpU .....r +� 1 , 1 1 , I ' k 4 2 v✓1 ■ "T ! c.' .., ,d, , Cj/ �' V 5' .X+deu,ialk fl .1r b'ke -�eatve; tare t'Cavei ,0.r,e �:;,- %:' CV ew <Ciewalk )\ IV(1;- 01e-t 1A7 a d Ot■ 0<II P i -- ‘ I i I!,0141 _ . .., ", 1 . 4IP_ 41,0■11./P .111, IP_ OAP* 0 7_,,,,,, . 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A. /if ' ',.-. • I. t' C '• 4e: , \ ' l• ".4.. t; A . I . 1 ,-,i I) ' , 4 141 .f. V- ' • \ , 1 •;.,,r -I-!.—r" 1",;;? ... 1k a,.%6 k 4. ' . \ 11 • . . '‘g \ , I k I • 7f- • • , 6 1-.L. *' ...• ..It • / • .4, Nt. • 71 *-4,..•,.v t . •.••- 1--•';'4 .. ..... ,. . - , tor • i, . t ,.. ...1 ,,... el:t - . • '. \ , 44 f t IT .2' ? • Attachment 7 (May 13, 2015) FLOOR AMENDMENT Relating to Amendments to the South Kauai Community Plan Booklet as referenced in Bill No. 2576, Draft 1, relating to Establishing Regulations, Procedures, Zoning, Development Plans, and Future Growth Areas for the South Kauai Planning District, and Establishing Exceptions, Modifications, and Additions to Chapter 8 and Chapter 9, Kauai County Code 1987, as amended Introduced by: KIPUKAI KUALI`I (By Request) 1. Amend page 4-7 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.1.5, Water Bodies and Wetlands, in pertinent part as follows: "The Water Bodies and Wetlands designation includes all natural and manmade water bodies and watercourses. It highlights the manmade features or those reservoirs used for irrigation purposes in a darker blue running dashed line. These water features support the natural and agricultural environments as well as sustain South Kauai's communities. The Kauai County Council received input from numerous concerned citizens with deep ties to the land in the Planning District, making clear that solutions to various water problems must be of paramount concern to the County, and carefully considered before any development may occur. Accordingly, a comprehensive water planning strategy for the entire Planning District should be supported. Rather than relying on piecemeal, development-specific plans that may be limited in scope to the property at issue without due consideration of related impacts off-site throughout the system as a whole, this strategy should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. Water source regulation currently falls under HRS Chapter 174C, and is facilitated through CWRM. Storage and transmission of water for the County domestic water system falls under the jurisdiction of DOW by County Charter, and DOW is responsible for water planning related to the domestic system. The following is a summary of the different features included in the mapping of the water bodies and wetlands. It also provides brief policy statements related to each." 2. Amend page 4-41 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 4.10, INFRASTRUCTURE & PUBLIC FACILITIES, in pertinent part as follows: "The Infrastructure & Public Facilities section identifies policies that guide the management of existing infrastructure and the development of new facilities. Capital improvement projects (CIP) should be prioritized to meet basic needs, provide ongoing maintenance and upgrades as necessary to maintain public infrastructure and to avoid or minimize interruption in service, and support the vision for South Kauai. The County has also contracted with R. M. Towill Corporation to prepare an infrastructure assessment as one of the technical studies supporting the General Plan update. It will include transportation, water, wastewater, 1 drainage, and solid waste needs based on the 2035 projections and will focus on high-growth districts such as the South Kauai Planning District. It will also provide low-impact, non-traditional strategies such as natural storm water drainage. As referenced in Section 4.1.5, a comprehensive water planning strategy for the entire Planning District is supported, and should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. Water source regulation currently falls under HRS Chapter 174C, and is facilitated through CWRM. Storage and transmission of water for the County domestic water system falls under the jurisdiction of DOW by County Charter, and DOW is responsible for water planning related to the domestic system." 3. Amend page 4-41 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.10.4, Drainage, as follows: "a. Prepare a drainage study for the Po`ipn Beach/Kaneiolouma area and propose alternative to mitigate flooding. b. Install bioswales and rain gardens along streets, in parks, and in parking lots to collect and filter rainwater runoff and increase infiltration via landscaped areas that also beautify the place. c. Continue to require new development to mitigate site-generated flows. d. Require installation of catchment systems for non-potable water use onsite such as irrigation and toilet flushing. e. Support a comprehensive water planning strategy for the entire Planning District, which should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. Water source regulation currently falls under HRS Chapter 174C, and is facilitated through CWRM. Storage and transmission of water for the County domestic water system falls under the jurisdiction of DOW by County Charter, and DOW is responsible for water planning related to the domestic system." 4. Amend page 4-42 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.11.3, Regional Infrastructure Needs, as follows: "a. Support and coordinate the needed development of regional multimodal transportation networks, wastewater and drainage infrastructure, and other infrastructure needs. b. Support a comprehensive water planning strategy for the entire Planning District, which should include, but not be limited to, consideration of water access, infrastructure, quality, and drainage, and the attendant oversight and maintenance. Water source regulation currently falls under FIRS Chapter 174C, and is facilitated through CWRM. Storage and transmission of water for the County domestic water system falls under the jurisdiction of DOW by County Charter, and DOW is responsible for water planning related to the domestic system. 2 [b.] c. Promote and expand the Heritage Scenic Byway network system as a fun, healthy, and educational means to access the Planning District's rich collection of natural and cultural points of interests: • Expand the Holo Holo Koloa Scenic Byway to include vehicular and non-vehicular (trails) rights-of-way, owned publicly or privately (with easements granted for public use), interconnecting points of interest throughout the Planning District; • Consider forming a nonprofit organization to manage the network system, apply for grants, charge user and/or commercial tour fees, and dedicate the revenues to the promotion, improvement, and maintenance of the network system; • Support the growth of a health and wellness industry attracted by the trail system and climate (e.g., equipment suppliers and rentals, health trainers, therapists, senior housing, rehabilitation); • Respect the culture by providing education and culturally- appropriate interpretation of the area that ties together the trail alignment, points of interest, and the history; monitor impacts. [c.] d. Coordinate the wastewater and drainage regional infrastructure to enable future growth in a manner that minimizes impacts to the streams, groundwater, and coastal water quality: • Allow the private sector to take the lead to the extent they are willing and able; • Support as necessary with advance funding for regional studies and/or establishment of innovative financing (see Section 6.3)." 5. If any provision that is amended is also found elsewhere, such language is hereby amended to provide consistency. 6. If more than one amendment to a same section is adopted on this date, all such amendments shall take effect to the extent there is no conflict. If there is a conflict, the latest amendment shall be controlling. (Material to be deleted is bracketed. New material to be added is underscored.) V:\AMENDMENTS\2015\05.13-2015 Bill No. 2576 Dl SKCP Booklet MC 2 JA_cy.docx 3 South Kauai Community Plan Councilmember JoAnn A. Yukimura Amendment, May 13, 2015 PLANNING DEPARTMENT CONCURS WITH ALL, EXCEPT"NO POSITION"AS TO ITEM NO. 1 AND NO. 11, BOTH RELATING TO CONDITIONAL GROWTH AREA (ADJACENT TO NUMILA) Item Page Plan Section Proposed Changes (with explanation) No. No. 1 ii Table of Contents Amend page ii of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending the Table of Contents, in pertinent part as follows: "[4.1.9 Future Growth Area related to the Hanapepe--`Ele`ele Community Plan 4-9]" (Councilmember request. Planning Department states"no position") 2 v List of Figures Amend page v, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), List of Figures, by inserting new figure names, with all subsequent figures and their cross-references to be appropriately renumbered. "Figure 4-25: Po`ipu Road, Section located in Koloa Town near Koloa Road Figure 4-26: Po`ipii Road, Section located near Blakes Lane Figure 4-27: Po`ipn Road, Resort Section Figure 4-28: Po`ipn Road, Resort Section Rendering" (Councilmember request. Planning Department concurs) 3 3-2 Figure 3-1: Heritage Amend page 3-2 of the South Kauai Community Plan booklet (2014 Planning Resources Map Commission-Approved Draft), by amending Figure 3-1: Heritage Resources Map, as shown in Attachment "A" of this Floor Amendment. (Councilmember request. Planning Department concurs) 4 3-5 Section 3.1.4.5, Amend page 3-5 of the South Kauai Community Plan booklet (2014 Planning Tourism Commission-Approved Draft), by amending Section 3.1.4.5, Tourism, in pertinent part as follows: "Although tourists have been coming to Hawaii since it became a U.S. territory and before, it was not until statehood in 1959 that tourism exploded and eventually overtook sugar as the primary driver of the state's economy. While drawing on the cultural and natural history of Hawai`i, Page 1 of 18 tourism has also defined a new set of landmarks. Po`ipu, in particular, has become the most popular visitor location on Kaua`i. Attractions in the region include the Tree Tunnel on Maluhia Road which was planted in 1911 with swamp mahogany (Eucalyptus robusta) trees donated by Walter McBryde (Map Point T); the headquarters of the National Tropical Botanical Garden at Lawa`i (Map Point U); the coastal trail and geological features at Maha`ulepu (Map Point V); [and] Po`ipn Beach (Map Point W)[.]; and the Lawa`i International Center (Map Point X)." (Councilmember request. Planning Department concurs) 5 3-29 3.4.7.1.1, Po`ipn Amend page 3-29 of the South Kaua`i Community Plan booklet (2014 Planning Beach Park Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 3.4.7.1.1, Po`ipn Beach Park, as follows: "Po`ipu Beach is the premier South Shore beach destination for visitors and residents alike. The 10.5-acre County park has picnic tables and pavilions, achildren's play structure, comfort stations, large grassy areas, and sheltered beaches. There is a unique stretch of sand called a tombolo, which extends from Nukumoi Point to a rocky outcrop about 300 feet from the shore. It periodically washes away and rebuilds, but is believed to be what creates the calm ocean conditions within the sheltered bays of Po`ipi Beach (Sea Engineering, Inc. 2013). Lifeguards are on guard seven days a week. Swimming, boogie boarding, surfing, snorkeling and scuba diving are popular activities along the one-mile stretch of coastline (PBRA 2014). The parking lot across the street from the beach park floods at times during heavy rains, reducing the available number of parking stalls. The park is presently under-utilized due to the lack of park amenities and landscaping in the area east of the existing pavilions up to Brennecke Beach. A carefully designed arrangement of amenities and landscaping, that could include but need not be limited to, walkways, trees, benches, and picnicking areas, would expand the usability and attractiveness of the park as well as accommodate more users. (Councilmember request. Planning Department concurs) 6 4-3 Figure 4-1: Land Use Amend page 4-3 of the South Kaua`i Community Plan booklet (2014 Planning Map Commission-Approved Draft), by amending Figure 4-1: Land Use Map, as shown in Attachment "B" of this Floor Amendment. (Councilmember request. Planning Department concurs) Page 2 of 18 7 4-4 4.1.1.1, Koloa Town Amend page 4-4 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.1.1.1, Koloa Town, as follows: "Koloa's main street is one of the most successful walkable centers of all Kaua`i despite the lack of continuous sidewalks and busy trafficked streets. However, getting to the town is not easy without a car, and it will be important to increase accessibility of the town by transit, biking, and walking, to protect its character and functionality in the future. Koloa's town core has character, with a canopy of monkeypod trees and covered porch commercial buildings, bisected by Waikomo Stream. The center, primarily along Koloa Road between Po`ipn Road and Waikomo Road, is arranged compactly and although on-street parking is currently a bit haphazard, it does provide a buffer for pedestrians along the storefronts, enabling Koloa to support a thriving pedestrian environment. It will be important to protect the large trees that give Koloa Town so much of its character and charm. In order to support and encourage this compact pattern and prevent Koloa from sprawling outwards, future growth in this area is envisioned as tighter and denser within the town core. Mixed-use commercial is encouraged within the Neighborhood Center and an estimated 450 new residential units are required through 2035. Building heights will remain two stories maximum, respecting the Historic Koloa Town Core Special Treatment-Cultural/Historic District (KCC §10-6.3(d))." (Councilmember request. Planning Department concurs) 8 4-4 4.1.1.5, Po`ipu Amend page 4-4 of the South Kaua`i Community Plan booklet (2014 Planning Gateway Mixed-Use Commission-Approved Draft, as amended by the Planning Committee on April 15, Village 2015), by amending Section 4.1.1.5, Po`ipn Gateway Mixed-Use Village, in pertinent part as follows: "Along the mauka, western, and eastern edges, the transect zones should transition to T3 zones to blend into the surrounding residential and agricultural areas. The Po`ipn Gateway Mixed-Use Village [Floating Zone] will be required to provide a minimum of 1,100 new residential units as a condition of plan approval[.], and will be required to satisfy the County's affordable housing requirements on-site. If this Special Planning Area is to achieve its purposes, attention must be given to protecting the required affordable housing against speculative market forces, and to ensuring that Page 3of18 the required affordable housing is first available to those who work in the Po`ipu-Koloa area." (Councilmember request. Planning Department concurs) 9 4-4 4.1.1.6, Numila Amend page 4-4 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.1.1.6, Numila, as follows: "Numila is an area currently zoned R-6 Residential and located within the State Land Use Urban District. Future master planning efforts will be required to determine the preferred suite of transects to apply in the area. It will also need to be integrated with the adjacent Future Growth Area related to the Hanapepe`Ele`ele Community Plan. Therefore, new residential units are limited to roughly 150 units based on existing entitlements. Any master planning process for the development of Numila should be related to the place history and surrounding agricultural uses." (Councilmember request. Planning Department concurs) 10 4-5 4.1.3, Agricultural Amend page 4-5 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.1.3, Agricultural, in pertinent part as follows: "Residential development that occurs [is] on large lots [and is] should be a secondary use to the agricultural uses of the land (Opticos) and must qualify as [a "farm dwelling" or "employee housing" as defined per HRS §205-4.5(4) and HRS §205-45.5 for those on Important Agricultural Lands (IAL).] either "farm worker housing" or a "farm dwelling" as defined pursuant to the Hawai`i Revised Statutes or the CZO. Further work on the definition and regulation of "farm dwelling" is needed to ensure the protection of agricultural lands, either as part of the Important Agricultural Lands (IAL) process, the General Plan Update, or both." (Councilmember request. Planning Department concurs) 11 4-9 4.1.9, Future Growth Amend page 4-9 of the South Kauai Community Plan booklet (2014 Planning Area related to the Commission-Approved Draft), by amending Section 4.1.9, Future Growth Area Hanapepe-`Ele`ele related to the Hanapepe-Ele ele Community Plan, as follows: Community Plan "[4.1.9 Future Growth Area related to the Hanapepe-Ele`ele Community Plan The Future Growth Area related to the Hanapepe--`Ele`ele Community Plan is a general designation for an area envisioned by A&B Properties, Inc. to Page 4 of 18 be a master planned community supporting the growth of`Ele`ele and Port Allen. Because of the boundary shift between planning districts, it falls within the South Kauai planning district. On the Land Use Map, it is shown as a placeholder and will be further defined as part of the future Hanapepe--`Ele`ele Community Plan update. No projected residential growth for South Kauai has been allocated to the area as a part of this community plan update and the zoning will not be amended as part of this plan. It is therefore left in Agriculture on the Land Use Map. Its rough boundaries are shown as a placeholder and the area will be further defined during the future Hanapepe`Ele`ele Community Plan update.]" (Councilmember request. Planning Department states"no position") 12 4-10 4.2.3, Housing Amend page 4-10 of the South Kauai Community Plan booklet (2014 Planning Location and Options Commission-Approved Draft as amended by the Planning Committee on April 15, 2015), by amending Section 4.2.3, Housing Location and Options, as follows: "a. Provide for a diversity of housing to accommodate various household types, incomes and family sizes. The ability to afford a place to live close to work, commercial services, and places to play fosters independence, allows income to be spent in other ways besides transportation costs, and builds community. b. Focus the residential population to infill on vacant zoned land and strategic areas contiguous to existing settlements. Beyond the absorption within existing urban zoned land, the future population growth as projected by SMS through 2035 shall be directed to the following areas: Existing Town Centers- K5loa (24 percent) and Kalaheo (3 percent) • Po`ipu Gateway (60 percent) • Numila (8 percent) • Homestead lots (5 percent) c. Locate a mix of housing including workforce housing close to employment centers[.]; • The new Po`ipu Gateway Mixed-Use Village is an opportunity to locate a variety of housing options including higher-density workforce housing within walking and biking distance of the Po`ipn resort community, one of the largest employment centers on the island and the largest in the Planning District Page 5 of 18 (CH2MHi11 2014, Exhibit 3.3). The CAC envisioned this area to be the focus of the majority of future growth within the Planning District to preserve the character of existing historic towns. Over 1,000 housing units (60 percent of projected residential growth) has been allocated here. The CAC also envisioned this as the highest level transect in the Planning District. • Develop the existing affordable housing sites in Po`ipu: 1) Area mauka of the roundabout to the east of Po`ipu Road, and 2) Limited Equity Cooperative Housing site on western side of Po`ipu Road mauka of the roundabout as described in Condition 20 of Ordinance No. PM-2004-370. d. Allow for a variety of accessory dwellings such as `ohana units and "granny flats" within the SPAs. e. Preserve affordable housing stock and provide options that support senior housing and aging in place. f. Provide affordable housing, especially in the Koloa-Po`ipu area, a major fobs center on the island, through policies and actions that ensure sufficient affordable housing in the region. "Affordable" is defined as housing for those families whose household income does not exceed 140% of Kaua`i Median Household Income (KMHI) or below. Emphasis should be on housing for families whose household income does not exceed 100% of the KMHI or below, where the bulk of need exists. • Protect such affordable housing in perpetuity from market forces that will negate its affordability. • Follow smart growth principles that locate affordable housing close to jobs and services." (Councilmember request. Planning Department concurs) Page 6 of 18 13 4-11 4.3, CONTEXT- Amend page 4-11 of the South Kaua`i Community Plan booklet (2014 Planning SENSITIVE Commission-Approved Draft), by amending Section 4.3, CONTEXT-SENSITIVE TRANSPORTATION TRANSPORTATION NETWORKS, in pertinent part as follows: NETWORKS "South Kaua`i's transportation networks are envisioned to be scaled appropriately and integrated into their communities, whether they are for cars, transit, bicycles, or pedestrians. This is what is meant by being context-sensitive. According to the surveys and feedback received during the project kickoff, one of the most desired wishes for South Kauai is safer transportation networks, especially for pedestrians and cyclists and particularly around schools." (Councilmember request. Planning Department concurs) 14 4-28 4.3.4.3, Po`ipu Amend page 4-28 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.3.4.3, Po`ipu, in pertinent part as follows: "As noted earlier, street sections were not drawn for Po`ipu Road as improvements to Po`ipu Road from K5loa Road to the Grand Hyatt are already on the STIP and the designs will be based on those developed during the County's Po`ipu Road Charrette. Examples of the proposed street sections developed during the Po`ipu Road Charrette are shown in Figures 4-25 to 4-xx with an illustrative rendering provided in Figure 4-n." (Councilmember request. Planning Department concurs) 15 4-28 4.3.4.3, Po`ipu Amend page 4-28, of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), Section 4.3.4.3, Po`ipu, by inserting a replacement Figure 4-25, Po`ipu Road, Section located in Koloa Town near Koloa Road, as shown in Attachment "C" of this Floor Amendment, with all subsequent figures and their cross-references to be appropriately renumbered. (Councilmember request. Planning Department concurs) 16 4-28 4.3.4.3, Po`ipu Amend page 4-28, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), Section 4.3.4.3, Po`ipu, by inserting a replacement Figure 4-26, Po`ipu Road, Section located near Blakes Lane, as shown in Attachment "D" of this Floor Amendment, with all subsequent figures and their cross-references to be appropriately renumbered. (Councilmember request. Planning Department concurs) Page 7of18 17 4-28 4.3.4.3, Po`ipu Amend page 4-28, of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), Section 4.3.4.3, Po`ipn, by inserting a replacement Figure 4-27, Po`ipn Road, Resort Section, as shown in Attachment "E" of this Floor Amendment, with all subsequent figures and their cross-references to be appropriately renumbered. (Councilmember request. Planning Department concurs) 18 4-28 4.3.4.3, Po`ipn Amend page 4-28, of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), Section 4.3.4.3, Po`ipn, by inserting a replacement Figure 4-28, Po`ipn Road, Resort Section Rendering, as shown in Attachment "F' of this Floor Amendment, with all subsequent figures and their cross-references to be appropriately renumbered. (Councilmember request. Planning Department concurs) 19 4-31 4.4.2, Exceptional Amend page 4-31 of the South Kauai Community Plan booklet (2014 Planning Trees Commission-Approved Draft), by amending Section 4.4.2, Exceptional Trees, as follows: "The Exceptional Trees noted in 3.2.5 are also shown on the Land Use Map in Figure 4-1 to emphasize the importance of protecting them in future land use and improvement projects including streetscape improvements. In addition, the monkey pod trees along Koloa Road between Po`ipn and Waikomo Roads and Po`ipu Road between Koloa and Waikomo Roads should be protected and adopted as Exceptional Trees. Recently, the County contracted with an arborist to perform a preliminary study on the health of the trees along the famed tree tunnel on Maluhia Road. He found that 85 of the approximately 650 total eucalyptus robusta (swamp mahogany) trees and stumps may need further care and that further assessment should be performed (Borgatti 2014). The Mayor has convened a Task Force to further investigate the issue of tree tunnel preservation." (Councilmember request. Planning Department concurs) 20 4-38 4.7.1, Agricultural Amend page 4-38 of the South Kauai Community Plan booklet (2014 Planning Lands as Open Space Commission-Approved Draft), by amending Section 4.7.1, Agricultural Lands as Open Space, as follows: "a. Preserve agricultural lands for agricultural use [to maintain open space and rural character of the area.] to increase food and energy security: provide fresh, healthy food for residents and visitors; Page 8 of 18 diversify the economy; and maintain open space and preserve the rural character of the area." (Councilmember request. Planning Department concurs) 21 4-39 4.8, SUSTAINABLE Amend page 4-39 of the South Kauai Community Plan booklet (2014 Planning RESORTS & Commission-Approved Draft), by amending Section 4.8, SUSTAINABLE TOURISM RESORTS & TOURISM, as follows: "The Sustainable Resorts & Tourism section identifies policies to help focus economic growth in the visitor industry and develop a sustainable visitor destination in Po`ipu. Hotel and visitor accommodations are located in the Resort land use designation. However, tourism activities occur throughout the Planning District on various land designations. The Kauai Tourism Strategic Plan, 2006 – 2015, provides a vision for Kaua`i's resort industry, stating: Tourism on Kaua`i in 2015 will: • Honor the people and heritage of Kauai; • Support and enhance the quality of life for residents; • Value and perpetuate the natural and cultural resources on Kaua`i; • Engender mutual respect and partnership among all stakeholders; • Support a vital and sustainable economy; and • Provide a unique, memorable and enriching visitor experience. [The] Specifically, the main goal is to develop the Po`ipu Resort area as a sustainable visitor destination—one that provides eco-friendly and educational experiences, products and services, leverages and supports local businesses and agriculture, relies less on cars, provides affordable workforce housing options that are protected against speculative market Page 9 of 18 forces, and embodies the rich historic and cultural foundation upon which these communities were built." (Councilmember request. Planning Department concurs) 22 4-39 4.8.1, Sustainable Amend page 4-39 of the South Kaua`i Community Plan booklet (2014 Planning Resorts Commission-Approved Draft), by amending Section 4.8.1, Sustainable Resorts, as follows: "a. Establish Po`ipu as a world-class [and world-leading sustainable] visitor destination[.] that is a leader in implementing best practices to become more resilient to natural hazards, and more sustainable. [Work together through PBRA to distinguish and market Po`ipu as a sustainable resort destination.] b. Work collaboratively with the Kauai Visitors Bureau, Po`ipu Beach Resort Association (PBRA), and the community to update and implement the Kaua`i Tourism Strategic Plan. c. During the district boundary and zoning amendment process, carefully consider the social, cultural, and environmental impacts of growth that occur as Average Daily Visitor Census (ADVC) expands. [b.] d.Enhance visitor experiences with eco-friendly products and services that also benefit the host communities and environment such as car and bike share programs, increased recycling and solid waste reduction, increased water and energy efficiency improvements, and eco-friendly soaps, cleaning products, and detergents. [c.] e. Reduce the need for personal vehicles and parking lots by improving pedestrian and bicycle access and transit service. [d.] f. Maintain parking at absolute minimum to encourage alternative modes of transportation to/from and within the Planning District. [e.] g. Use renewable energy to power resorts. [f.] h. Encourage use of electric vehicles recharged by renewable energy. [g.] i Support local food production by sourcing locally. [h.] L Include bus pass as part of resort fee. [i. Provide shuttles to/from airport.] k. Complete the South Shore Shuttle Study and work with stakeholders to implement a fiscally sustainable shuttle system focused on mobility for visitors, residents, and resort workers. U.] L Provide car rentals/car share programs at hotels. Page 10 of 18 [k] m.Reestablish a minimum pedestrian and bicycle path from Po`ipii Beach Road to Ho`one Road to improve community connectivity. [1.] n. Review demand for new visitor units compared with permitted units constructed every five years. o. Work together through PBRA to distinguish and market Po`ipu as a sustainable resort destination." (Councilmember request. Planning Department concurs) 23 4-39 4.8.2, Eco-Friendly Amend page 4-39 of the South Kaua`i Community Plan booklet (2014 Planning Experiences Commission-Approved Draft), by amending Section 4.8.2, Eco-Friendly Experiences, in pertinent part as follows: "b. [Promote sustainable] Encourage the environmentally sensitive development of tourism activities such as ecotourism, cultural tourism (Kaneiolouma), natural science tourism (Makauwahi Cave and Sinkhole), voluntourism (volunteer tourism), ag-tourism (agriculture-based tourism), health and wellness tourism, and other appropriate tourism-related businesses." (Councilmember request. Planning Department concurs) 24 4-41 4.10.3(e), Wastewater Amend page 4-41 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 4.10.3(e), Wastewater, as follows: "e. Monitor the disposition and potential effect of cesspool seepage and injection wells on the groundwater and nearshore water quality." (Councilmember request. Planning Department concurs) 25 5-2 5.1, PURPOSE AND Amend page 5-2, of the South Kauai Community Plan booklet (2014 Planning INTENT Commission-Approved Draft, as amended by the Planning Committee on April 15, 2015), by amending Section 5.1, PURPOSE AND INTENT, bullet point #3 as follows: "• Promote patterns development that support p pport safe, effective, and multimodal transportation options, including transit auto, pedestrian, and bicycle, minimizing vehicle traffic by providing a mix of land uses, walkability, and compact community form;" (Councilmember request. Planning Department concurs) Page 11 of 18 26 5-2 5.1, PURPOSE AND Amend page 5-2, of the South Kaua`i Community Plan booklet (2014 Planning INTENT Commission-Approved Draft), by amending Section 5.1, PURPOSE AND INTENT, bullet point#4 as follows: Promote the health benefits of pedestrian-oriented and transit- oriented places, including safe routes for walking, bicycling, and other exercise;" (Councilmember request. Planning Department concurs) 27 5-2 5.1, PURPOSE AND Amend page 5-2, of the South Kaua`i Community Plan booklet (2014 Planning INTENT Commission-Approved Draft), by amending Section 5.1, PURPOSE AND INTENT, bullet point#9 as follows: " Promote neighborhoods with affordable, quality housing that encourage a diversity of housing choices;" (Councilmember request. Planning Department concurs) 28 6-11 6.1.1.1, Transfer Amend page 6-11 of the South Kaua`i Community Plan booklet (2014 Planning and/or Purchase of Commission-Approved Draft), by amending Section 6.1.1.1, Transfer and/or Development Rights Purchase of Development Rights, in pertinent part as follows: "The concept of Transfer of Development Rights (TDR) was introduced during the CAC meetings as a potential tool to help protect certain areas rich in natural and/or cultural resources from development. TDRs allow the landowner to shift the allowable density for land uses that are otherwise permitted based on existing zoning from areas with sensitive natural or cultural resources to other properties they own elsewhere within the Planning District that may be more appropriate for development. This would result in a "density bonus" in the receiving parcels which is intended to incentivize the relocation of the proposed development. The Planning Department determined that TDRs should be addressed on an island-wide basis as part of the General Plan update. However, two specific sites were identified as potential candidates for [TDRs:] TDR "send areas": 11) the "historic property" highlighted in yellow on the Eric A. Knudsen lands in Po`ipu ma uka of Po`ipn Road by CSH (see Figure 6-1), and 12) the coastal area of Maha'ulepn shown in the "Natural' Land Use Designation on the Land Use Map (Figure 4-1). "Receive areas" would be designated where density for resort or residential is desired and deemed to be appropriate after proper review and rezoning." (Councilmember request. Planning Department concurs) Page 12 of 18 29 6-11 Table 6-2: Action Plan Amend page 6-11 of the South Kauai Community Plan booklet (2014 Planning bY County Agency, Commission-Approved Draft), by amending Table 6-2: Action Plan by County Planning Agency, Planning Department, Near-Term Actions (0-5 Years), as follows: Department, Near- "• Adopt the SPAs in Chapter 10. Term Actions (0-5 • Update General Plan. Years) • Educate Planning and Public Works staff on FBC. • Improve permit and review processes for implementation of FBC, and explore possible streamlining mechanisms. • Add or identify at least one staff member to be dedicated to FBC implementation, review, education, and outreach. • Hold educational sessions for landowners affected by the new SPAs to inform them of the new development standards and potential opportunities. Include examples from T4 and T3 zones. Train County Planning and Public Works staff on new development standards. • Complete South Shore Shuttle Feasibility Study and move forward with possible solutions. • Work with the Mayor's Office and County Agencies to incorporate the plan's listed capital projects and priorities into the Six-Year Capital Improvements Program Report. • Propose amendments to the CZO to protect agricultural lands, in particular changes that prevent fragmentation." (Councilmember request. Planning Department concurs) 30 6-11 Table 6-2: Action Plan Amend page 6-11 of the South Kauai Community Plan booklet (2014 Planning by County Agency, Commission-Approved Draft), by amending Table 6-2: Action Plan by County Transportation Agency, Transportation Agency, Near-Term Actions (0-5 Years), as follows: Agency, Near-Term "• Work with Planning Dept. and PBRA to determine best option to Actions (0-5 Years) provide South Shore Shuttle service and initiate it. • Initiate service to `Oma`o via the revised Koloa Shuttle route. Perform ridership survey to determine what will increase ridership. • Coordinate with State DOT and DPW to improve pedestrian access around Lawa`i bus stops as new shelters are being installed. • Work with the Department of Finance, PBRA, and the community to secure sustained funding for expansion of the Kaua`i Bus in the South Kauai district, including a South Shore Shuttle, to be provided by contractor direct services." (Councilmember request. Planning Department concurs) Page 13 of 18 31 6-12 Table 6-2: Action Plan Amend page 6-12 of the South Kaua`i Community Plan booklet (2014 Planning by County Agency, Commission-Approved Draft, as amended by the Planning Committee on April 15, Department of Parks 2015), by amending Table 6-2: Action Plan by County Agency, Department of Parks and Recreation, Mid-Range Actions (5-10 Years), in pertinent part as and Recreation, Mid- follows: Range Actions (5-10 Years) Implement design and construction of projects as proposed for the Planning District. • Develop amenities and landscaping on the portion of Po`ipu Beach Park east of the existing pavilions up to Brennecke Beach, including but not limited to walkways, trees, benches, and picnic areas that would increase the usability and attractiveness of the park and accommodate more users." (Councilmember request. Planning Department concurs) 32 6-13 Table 6-2: Action Plan Amend page 6-13 of the South Kaua`i Community Plan booklet (2014 Planning by County Agency, Commission-Approved Draft), by amending Table 6-2: Action Plan by County Housing Agency, Agency, Housing Agency, Near-Term Actions (0-5 Years), by adding the following bullet points below any earlier bullet points, in pertinent part as follows: Near-Term Actions (0-5 Years) Work with the State of Hawai`i Department of Education to secure the land located next to the future 20 acre park (that land has been identified for a pilot limited equity cooperative housing project); and complete a feasibility study. • Work with Planning Department to ensure that Po`ipu Gateway Mixed-Use Village provides the affordable housing as envisioned— protected against market speculation and related to working in the Koloa-Po`ipu area." (Councilmember request. Planning Department concurs) 33 6-14 6.5, INDICATORS Amend page 6-14 of the South Kaua`i Community Plan booklet (2014 Planning Commission-Approved Draft), by amending the entire Section 6.5, INDICATORS, in pertinent part, with the final product allowable in bullet point or chart form, as follows: "6.5 INDICATORS Various indicators can be used to measure the relative success of the plan recommendations. They range from improvements to the built environment to social indicators to economic indicators. These indicators must be carefull selected to insure that the actually measure the Page 14 of 18 progress, or lack thereof, toward the outcomes sought by the goals and objectives of the plan. Below are examples of potential indicators that could be used to measure progress. 6.5.1 Land Use • Increase [in] affordable housing supply o Number of workforce housing units in District (per Housing Agency criteria) o Annual number of new workforce housing units completed in District • Increase diversity of housing types o Percentage of multifamily housing units • [Reduction in] Reduce Use Permit and Variance applications o Annual number of Use Permit and Variance applications • [Reduction in] Reduce time required to review and process permit applications, without jeopardizing the quality of decision-making o Average number of days to process Class I, II, and III permits [• Reduction in the length of public hearings and negative public testimony] 6.5.2 Multimodal Network and Transit • Decrease [in] vehicular traffic volumes and increase level of service o Average volume on arterial and collector roads o Peak hour level of service on arterial and collector roads • Increase [in] pedestrian and bike traffic o Pedestrian and bicycle counts • Increase [in] transit ridership o Average weekday ridership on local circulator • No increase in Vehicle Miles Traveled (VMT) o Annual VMT in District o Annual VMT per capita in District Page 15 of 18 • 6.5.3 Natural and Cultural Heritage Resources • [Protection and restoration of] Protect and restore natural and cultural resources o Number of natural and cultural restoration proiects • Increased educational opportunities o Number of natural and cultural education outreach programs • [Improved] Improve water quality o Number of impaired streams 6.5.4 Public Facilities and Infrastructure • [Reduced or stabilized] Reduce or stabilize use of potable water o Gallons of water used per person from the Kalaheo-Koloa Water System o Annual number of gallons of potable water used in District • [Increased] Increase use of non-potable water from surface, catchment and recycled water sources o Annual gallons of R-1 recycled water used • Reduced incidence of flooding at Po`ipn Beach Park o Annual number of flooding incidents at Po`ipn Beach Park • [Reduced] Reduce property damage [(value and number of incidents)] due to flooding o Total value of property damage due to flooding • [Increased] Increase use [and number of reservations at] of parks and recreational facilities o Annual number of reservations at parks and recreational facilities • [Reduction in] Reduce quantity of solid waste processed at landfill o Tons of solid waste processed at landfill • [Reduction in] Reduce the number of complaints o Number of complaints regarding facilities in South Kauai received by the Mayor's Office Page 16 of 18 6.5.5 Economic Indicators • Increase [in the number of jobs/reduction in] jobs and reduce unemployment o Number of jobs o Unemployment rate • [Increase in diversification of labor force/business establishments] Diversify the economy o Percentage of workforce employed in visitor industry o Number of business establishments • Increase in home ownership/decrease in homelessness o Homeownership rate o Homelessness rate • Increase [in] agricultural production o Number of acres in agricultural use • Increase in the number of visitors/occupancy rates o Average visitor occupancy rate in District o Visitor arrivals for South Kaua`i visitor accommodations • Increase in permit applications and their cumulative value o Annual number of zoning permits approved for District o Cumulative value of zoning permits approved for District • Increase in property values and tax collections o Total real property tax collections in District" (Councilmember request. Planning Department concurs) 34 6-14 6.6, MONITORING Amend page 6-14 of the South Kauai Community Plan booklet (2014 Planning Commission-Approved Draft), by amending Section 6.6, MONITORING, as follows: "Once the South Kaua`i Community Plan is adopted, monitoring for the SPAs should occur annually for at least the first five years to determine the effectiveness and ease of implementation for developers and review by Planning Department staff. Reports shall be transmitted to the Planning Commission and County Council. Adjustments and fine tuning should Page 17 of 18 occur as needed. Once staff becomes proficient in their reviews, monitoring can shift to once every five years." (Councilmember request. Planning Department concurs) 35 (Various) Wherever text references "xx" indicating numbering to be added in sequence, "xx/xx/xxxx" indicating the effective date of this Ordinance, or other draft date wording intended to be updated to reflect the effective date of this Ordinance, such language may be amended accordingly. (Councilmember request. Planning Department concurs) Page 18of18 •