HomeMy WebLinkAbout2020 05-20 AAC Draft Min.pdf
COUNTY OF KAUAI
OPEN SESSION MEETING MINUTES
Board/Commission Kauai Arborist Advisory Committee Meeting Date May 20, 2020
Location Teleconference Start of Meeting: 2:00 p.m. End of Meeting: 2:50 p.m.
Present Chair-elect Dan Kawika Smith.; Vice Chair-elect Dr. David Lorence; Members; Lawrence Borgatti, Sylvia Smith and Deputy
Planning Director Jodi Higuchi-Sayegusa. Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo;
Administrator Ellen Ching; Office of the County Attorney: Deputy County Attorney Mahealani Krafft; Planning Department: Deputy
Planning Director Jodi-Higuchi-Sayegusa and Planner Romio Idica. Joining the teleconference meeting were Seth Levin, Project
Manager for Hawai‘i Unified/Contractor; Thomas Schnell, AICP Principal, Land Planning/Landscape Architecture, Jerry Nishek,
Kaua‘i Nursery & Landscaping.
Excused
Absent
SUBJECT DISCUSSION ACTION
Call to Order Chair Borgatti called the teleconference meeting to order at 2:00 p.m.
Roll call to
ascertain quorum
A roll ensued to ascertain quorum and to recognize members of staff and guests who
were also present. After a quorum was established, Ms. Ching briefed the members
on guidelines to conduct an effective meeting.
Public Testimony None.
Business
ACC 2020-1
Election of Chair and Vice Chair for Calendar Year 2020
Chair Borgatti called for nominations for the Chair’s position.
Deputy Planning Director Sayegusa moved to nominate Dr. Lorence to the Chair’s
position for calendar year 2020. Dr. Lorence respectfully declined the nomination
citing personal reasons. Ms. Smith moved to nominate Kawika Smith to the Chair’s
position for calendar year 2020. Mr. Smith accepted the nomination. Deputy
Planning Director Sayegusa seconded the motion. Hearing no objections by the
A roll call ensued with all five (5)
members present voting in favor of
the motion to elect Mr. Smith as the
new Chair for calendar year 2020.
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Of May 20, 2020 meeting
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SUBJECT DISCUSSION ACTION
members, Chair Borgatti called for a roll call vote.
After the electing the new Chair, Chair Borgatti handed the gavel to Chair-elect
Kawika Smith to continue meeting. Chair-elect Smith called for nominations for the
Vice Chair position for calendar year 2020. Mr. Borgatti moved to nominate Dr.
Lorence to the Vice Chair position. Ms. Smith seconded the motion. Hearing no
objections by the members, Dr. Lorence accepted the nomination. Chair-elect Smith
called for a roll call vote.
A roll call ensued with all five (5)
members present voting in favor of
the motion to elect Dr. Lorence as
the new Vice Chair for calendar
year 2020.
AAC 2020-2 Discussion and possible recommendation to the Planning Commission on the permit
application submitted by Applicant KHS, LLC, to the Planning Department for
permit no. Z-IV-2020-4, SMA (U) 2020-2,TMK 4-3-007:028 which proposes the
removal of fifty-four (54) coconut trees, otherwise known as Niu Coconut-palm or
Coco nucifera, which are part of the designated Exceptional K-12 Coconut Grove.
The grove extends both makai and mauka of Highway 56 (Kūhiō Highway) at
Waipouli: TMK 4-3-6-2, 4-3-7-27, 28 and 29.
Vice Chair elect Dr. Lorence noted that the record should reflect that the correct
name for the coconut palm trees should be Cocos nucifera and not Coco nucifera as
reflected on the meeting notice and agenda. Staff acknowledged Dr. Lorence’s
correction which will be reflected in the meeting minutes.
Deputy Planning Director Higuchi-Sayegusa called on Planner Romio Idica to
read the gist of the Director’s Report on the application that was submitted
by Applicant KHS, LLC, to the Planning Department.
Mr. Idica stated that on October 22, 2019, the Planning Commission approved Class
IV-2020-4 and SMA (U)-2020-2 for the installation of a photovoltaic (PV)
system (solar PV canopies over the parking lot, electrical system, and battery
storage) and to reconstruct a luau facility and for the removal of twenty-five (25)
coconut palm trees within the parking lot area fronting Aleka Loop where the PV
structures would be placed. However, due the contractor’s due diligence it was
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Of May 20, 2020 meeting
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SUBJECT DISCUSSION ACTION
discovered that the amount of coconut trees that were originally slated for removal
doubled in amount to fifty-three (53) coconut trees.
Under the amended proposal, the Planning Department is seeking the Committee’s
advice on removing and relocating the additional coconut trees in the Coconut Grove
designated as “exceptional trees”.
Mr. Borgatti asked for clarification if the amended proposal was to remove fifty-three
(53) or fifty-four (54) coconut trees to which Mr. Idica clarified that the request is for
the removal and relocation of fifty-three (53) coconut trees.
Chair-elect Kawika Smith asked if the initial request to remove the twenty-five (25)
coconut trees had already been approved the Planning Department prior to the
meeting to which Mr. Idica replied yes. Deputy Planning Director Higuchi-Sayegusa
clarified that the Planning Department’s decision to approve the removal and
relocation coconut trees was granted because at the time, the Department did not feel
it would have significant; however, given the magnitude of amended proposal a
decision was made to seek guidance from the Arborist Advisory Committee on the
Applicant’s request to relocate another twenty-six (26) coconut trees, in addition to
the twenty-five trees that was originally proposed.
Chair-elect Smith asked the members if they had any more questions for Mr. Idica.
Hearing none, he called upon the Applicant’s representatives to address the
Committee.
Tom Schnell, PBR Hawai‘i – Landscape Architecture & Planning, Principal&
Planner stated his name for the record, then informed the members that Project
Manager Seth Levin would be assisting him with his PowerPoint presentation.
Copies of Mr. Schnell’s PowerPoint Presentation was distributed to the members
prior to the meeting that reflected data on the project’s location, tax map key, general
plan & zoning information, visitor designation areas within the VDA, special
management area within the SMA, information on exterior and interior renovations
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SUBJECT DISCUSSION ACTION
to the resort rebranded as the Sheraton Kaua‘i Coconut Beach Resort, proposed
location for the three (3) new photovoltaic (PV) system over the existing parking lot,
a revised photovoltaic layout, existing property conditions, overhead view of the
proposed photovoltaic (PV) canopy structures, a map reflecting the twenty-seven
(27) coconut palms to slated be demolished and removed, the location of coconut
palm trees that will remain in place and be protected during construction and the
twenty-six (26) coconut palm trees slated to be relocated and protected, a revised
plan reflecting the Planning Director’s recommendation to plant additional foliage in
certain locations within the said property, and lastly a slide reflecting three different
PV structure elevations.
Chair-elect Smith thanked Mr. Schnell for his presentation, then asked the members
if they had any questions regarding the PowerPoint presentation that was just
provided by Mr. Schnell.
Deputy Planning Director Higuchi-Sayegusa asked for clarification if an assessment
was done to see what condition the trees that were marked for removal were in to
which General Manager, Jerry Nishek, Kaua‘i Nursey & Landscaping replied that an
assessment was done on the taller and mature trees and it revealed that the trees had
significant damage to their trunks as well as the trees that have underground utilities
located under them which to his knowledge there’s no permit to remove those trees
and if was removing those trees would cause damage to the underground utilities.
The trees that were selected for removal and relocation were much healthier and
younger and would most likely survive the removal.
Deputy Planning Director Sayegusa stated that based on the revised plans instead of
planting a cluster of Arica palms a decision was made to disburse the palms along the
Aleka Loop area to which Mr. Schnell noted that the intent is to place the Arica
Palms in more of a growth setting, but that is going to take some reconfiguration on
their part, in addition they would have to locate the underground utilities and adjust
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SUBJECT DISCUSSION ACTION
accordingly to avoid any impact to the underground utilities such as the water lines
electrical lines and communication cables that is located within the area.
Mr. Borgatti asked Ms. Higuchi-Sayegusa to clarify if she meant to say Coconut
Palms or Arica Palms to which Ms. Sayegusa replied that she was just commenting
on the Applicant’s revised plans to replace the Coconut Palms with Arica Palms. Mr.
Schnell clarified that the proposal is to replace the Coconut Palms with Arica Palms.
Chair K. Smith asked if the additional twenty-six (26) Coconut Trees reflected in the
PowerPoint Presentation are slated for removal and relocation within the property to
which Mr. Schnell replied yes, and noted that the trees that are not highlighted are
going to remain in place.
Mr. Borgatti asked if the overflow parking on the Northside of the property where the
old luau facility used to be would remain a grassy area to which Mr. Schnell replied
yes. Dr. Lorence asked if it would be possible to plant additional younger Cocos
nucifera within the area to off-set the net loss of the twenty-seven (27) trees to which
Mr. Schnell replied that no, and explained that planting additional trees would block
the access to the old dirt road that is highly used by everyone.
Ms. Smith asked if it would possible to plant younger trees at the base of mature trees
in the event those trees have to come down there would be another tree to replace it.
Mr. Nishek stated that it is possible to plant younger trees next to the base of the
existing trees to help keep the grove-like appearance as viewed from the nearby
highway.
Being there was no further questions by the members, Chair Smith called for a
motion. Mr. Borgatti moved to approve the trees slated for removal and the trees
slated for relocation on the condition that the Applicant plant twenty-seven (27)
younger trees (to maintain a grove like appearance) fifteen (15) gallons or larger to
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SUBJECT DISCUSSION ACTION
replace the trees that have to be removed and cannot be transplanted. Dr. Lorence
seconded the motion. Chair Smith called for more discussion.
For clarification, Ms. Higuchi-Sayegusa asked Mr. Borgatti if the condition to plant
twenty-seven (27) tree is in addition to the to the twenty-six (26) trees that have to be
removed and relocated to which Mr. Borgatti replied that the condition was to replace
the twenty-seven (27) trees with younger trees which is in essence would mean zero
trees being removed from the property. Also, the new trees should be planted in a
way to maintain a grove like appearance. Chair Smith called for more discussion.
Ms. Higuchi-Sayegusa stated that to clean-up the motion it should it say something
like remove and relocate twenty-six (6) Cocos Nucifera’s on the condition that the
Applicant plant twenty-seven (27) younger trees in a grove like appearance (fifteen
(15) gallons or larger to replace the trees that cannot be re-transplanted and plant
young trees at the base of the mature trees that are going to remain in place.
Mr. Borgatti noted that the Applicant could utilize some of the twenty-seven (27)
new trees to plant at the base of the mature trees to which both Dr. Lorence and Ms.
Smith agreed. With no further discussion, Chair Smith called for a roll call vote.
Motion
A roll call vote ensued with all five
(5) members voting in favor of
removing and relocating twenty-six
(26) Cocos Nucifera’s on the
condition that the Applicant plant
twenty-seven (27) younger trees in
a grove like appearance younger
and plant some of the twenty-seven
new trees at the base of the mature
trees that are going to remain in
place.
Adjournment With no further business to conduct, Chair-elect Kawika Smith called for a motion to
adjourn the meeting.
Deputy Planning Director Higuchi-
Sayegusa moved to adjourn the
meeting. Vice Chair-elect Dr.
Lorence seconded. A roll call
ensued with all five (5) members
voting in favor of the motion. At
2:50 p.m. the meeting adjourned.
Arborist Advisory Committee Open Session Minutes
Of May 20, 2020 meeting
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Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Mercedes Omo, Staff Support Clerk Dan Kawika Smith, Chair-elect
( ) Approved as circulated on
( ) Approved as amended. See minutes of ___________ meeting.