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HomeMy WebLinkAbout12-09-2009 Planning Committee Minutes MINUTES PLANNING COMMITTEE December 9, 2009 A meeting of the Planning Committee of the Council of the County of I~aua`i, State of Hawaii, was called to order by Councilmember Jay Furfaro, Chair, at the Historic County Building, Roam 201, Lihu`e, Kauai, on Wednesday, December 9, 2009, at 12:15 p.m., after which the following members answered the call of the call: Honorable Tim Bynum Honorable Jay Furfaro Honorable Daryl W. Kaneshira Honorable Lani T. Kawahara Honorable Derek S. K. Kawakami Honorable Bill "Kaipo" Asing, Ex-Officio Member Honorable Dickie Chang, Ex-Officio Member JAY FIIRFARO: I would like to call to order the Planning Committee. May I ask that we recognize all members being present and I would in fact like to get the Minutes of the November 25, 2009 Planning Committee approved. 1t~Iinutes of the November 25, 2009 Planning Committee Meeting. DEREK I~;AWAK:AMI: Sa moved., DARYL KANESHIRO: Seconded. Mr, Furfaro: All those in favor say "aye". Committee Members: Aye. Upon motion duly made by Councilmember Kawakami, and seconded by Councilmember Kaneshiro, and unanimously carried, the Minutes of the November 25, 2009 Planning Committee Meeting was approved. The Committee proceeded an its agenda item, as shown in the fallowing Committee report which is incorporated herein by reference: 11~Ir. Furfaro: Thank you very much. I would like also now to highlight my intent to move Bill No. 2298 towards the later part of the Council meeting, as we have a scheduled Executive Session. But if there is anyone in the audience that would like to testify an this bill, I'm going to suspend the rules and let me, while you're coming up, let me have the bill read please. Bill Na, 2298 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KALTA`I GOUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE AND SINGLE-FAMILY TRANSIENT VACATION RENTALS [This item was deferred.] There being no objections, the rules were suspended. Mr. Furfaro: The rules are suspended, if I could ask the speaker to introduce yourself. DAN HEMPY: Thank you Council, good afternoon and thanks for letting me testify now because I'm not going to be here on the 16th. My name is Dan Hempy, I'm an attorney, I represent KAVA which is the Kauai Association of Vacation Accommodations with respect to this issue. And I'll keep it very brief, I think mostly the Council knows my position, my clients position but generally speaking... KAVA supports amending the current TVR ordinance particularly on the lines of the proposed amendment that came up from Planning with respect to Agriculturally zoned lands. We think that... the Council knows we think the current ordinance has some issues and some flaws. We think however temporary permits as opposed to non-enforcements agreements, that... some time later with the ability to have an application... with the ability for people to have an application properly considered by Planning or Land Use as appropriate for more permanent special use permits during... offers a balanced solution to what's been a fairly contentious issue. Such an approach would avoid a lot of the constitutional problems that we've written about with the current ordinance. We also think that this will have a very positive public affect and that it would create... it would result in a lot more small farms on the island and all the good things that come with that... lower food prices. It's a balance so that people can supplement their farm income and keep the farms going with the TVRs and it would also have after... well the temporary permits are pending and people are trying to get their special use permits, that would be under full public scrutiny at public hearings and in front of Planning. Generally speaking, we think non-enforcement... I mean we think that temporary permits are a better way to go than non-enforcement agreements. The only suggestion that's come from my clients that I've been asked to relate to you is that we would just respectfully suggest that one (1) year might not be long enough because of the burdens that would put on Planning. You know if Planning gets several of these applications and they all go to public hearing, it might put a lot of burden on them and it might not be a realistic end to date. So we ask you to consider if you're going this direction having the temporary permits or non- enforcement agreements, which ever way you go, go longer than a year and maybe two (2) or three (3). Simply to allow enough time for a full and fair review of the applications for special use permits down the line by Planning or Land Use own... State Land Use Commission if the lands are fifteen (15) acres or more, and that's all. We just wanted to make that point. Mr. Furfaro: Thank you Mr. Hempy, let me see if there's any questions for you. Do we have any questions? And I'm going to make an assumption here Mr. Hempy if in fact we go to the Committee of the Whole for a Execution Session on this, this may not come back up on the Council agenda until December 16th or so, if that's the outcome, you implied that you might not be here this afternoon? Mr. Hempy: I won't be here December 16th, that's why I appreciate you hearing me out today. Mr. Furfaro: We have no other questions for you. I have a correction, only if the bill moves would it go to December 16th if not, it will be in January. 2 Mr. Hempy; Thank you. Mr. Furfaro: No other questions. Is there anyone else in the public that would like to speak on this? No. Okay I'm going to call the Committee back to order and again it is my intent to hold this to the end of the agenda, so that we may have an Executive Session in the Committee of the Whole, I have no mare items in my Committee and I will call for a recess so that we will or will not meet towards the end of the meeting today. Sa we are in recess and we are now going to go to Public Works. There being no objections, the Committee recessed at 12:20 p.m. The Committee reconvened at 0:11 p.m., and proceeded as follows: JAY FURFARO: Thank you very much. I'd like to call back to order the Planning Committee and make note that all members are present. I would like to ask for a motion to defer this item until first Committee meeting in January, which is really unknown at this time because the calendar hasn't come out. TIM BYNUM: Move to defer. DEREK I~;AWAKAMI; Seconded. Mr. Furfaro: It's been moved and seconded to defer this item, all those in favor say, please say "aye". Committee Members: Aye. Mr. Furfaro: On that note the business of the Planning Committee is complete and we are now adjourned. Upon motion duly made by Councilmember Bynum, and seconded by Councilmember Kawakami, and unanimously carried, Biil No. 2298 was deferred. There being no further business, the meeting was adjourned at 6:11 p.m. jR`~ejs~Ip~ectfully~y.~sutbmittedl,~j~ n~ Darrellyne M. Simao Council Services Assistant I APPROVED at the Committee Meeting heid an January 13, 2010: .w--° JA Chair, e 3