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03-03-2010 Cncl Mtg Minutes
COUNCIL MEETING March 3, 2010 The Council Meeting of the Council of the County of Kauai was called to order by the Council Chair at the Council Chambers, Historic County Building, 4396 Rice Street, Room 201, Li1hu`e, Kauai, on Wednesday, March 3, 2010 at 9:55 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable Jay Furfaro Honorable Daryl W. Kaneshiro Honorable Lani T. Kawahara Honorable Derek S K. Kawakami (present at 10 04 a.m.) Honorable Bill "Kaipo" Asing, Council Chair Chair Asing. Please note that Councilmember Kawakami is here. He stepped out and should be back very shortly. With that, can we have the first item please? PETER A. NAKAMURA, County Clerk: First item is approval of the agenda. APPROVAL OF AGENDA: Mr. Kaneshiro moved for approval of the agenda as circulated, seconded by Mr. Chang, and unanimously carried. Chair Asing: Thank you, with that, can we have the next item please? Mr. Nakamura: Next matter is approval of the minutes of the following meetings of the council: MINUTES of the following meetings of the Council: Special Council Meeting of February 17, 2010 Council Meeting of February 17, 2010 Mr Kaneshiro moved for approval of the minutes as circulated, seconded by Mr Chang, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura. First matter is Communication C 2010-25. COMMUNICATIONS: C 2010-25 Communication (01/20/2010) from the County Auditor, requesting Council approval of a 3-year lease term with an option to extend for 962 square feet of office space for the relocation of the Office of the County Auditor: Mr Kaneshiro moved to approve C 2010-25, seconded by Mr. Furfaro. Mr. Kaneshim. I'll save my... COUNCIL MEETING - 2 - March 3, 2010 Chair Asing: Okay, are you going to save... Mr. Kaneshiro: I'm going to save my discussion when we get to the bill, Mr. Chair. Chair Asing: Thank you, with that, what I'd like to do is suspend the rules and... Glenn. There being no objection, the rules were suspended. GLENN MICKENS: Thank you, Kaipo, for the record Glenn Mickens. I guess, I...I...I... Chair Asing: Glenn, Glenn-you know, we have the bill that is coming up. You want to save your comments for the bill? Mr. Mickens: As long as I hope it will come up before noontime. Chair Asing: Oh yes. Mr. Mickens: Before lunch. Chair Asing: Oh, I'm sure. Mr. Kaneshiro: Absolutely Mr. Mickens: Oh, okay, okay. Chair Asing: It'll come up. Mr. Mickens: That's fine, thank you (inaudible). Chair Asing: Rob, is that okay with you? ROB ABREW (in the gallery): Yeah, as long as we get the opportunity... Chair Asing• Yes. Mr. Abrew: Okay, thank you. There being no one wishing to speak at this time, the meeting was called back to order, and proceeded as follows: Chair Asing: Okay, with that we have a motion to approve, we have a second, any discussion? All those in favor say, aye. The motion to approve C 2010-25 was then put, and unanimously carried. COUNCIL MEETING -3- March 3, 2010 Chair Asing: Next item please Mr. Nakamura: Next matters are matters for receipt on page 1 of the council's agenda, communication C 2010-50, C 2010-51, and C 2010-52, and on page... top of page 2 of the council's agenda, communication C 2010-53. C 2010-50 Communication (01/29/2010) from the Director of Personnel Services, transmitting for Council information, the last quarter reports (October - December) relative to vacancies, new hires, reallocations, and promotions, pursuant to Section 20 of the County Budget Ordinance: Mr. Kaneshiro moved to receive C 2010-50 for the record, seconded by Mr. Chang. C 2010-51 Communication (02/09/2010) from the Director of Planning, transmitting for Council information the Scope of Work of the L11hu`e Development Plan Update process, pursuant to CIP Ordinance B-2008-673: Mr. Kaneshiro moved to receive C 2010-51 for the record, seconded by Mr. Chang. C 2010-52 Communication (02/11/2010) from the Director of Finance, transmitting for Council information Period 6 Financial Reports - Statement of Revenues as of December 31, 2009: Mr. Kaneshiro moved to receive C 2010-52 for the record, seconded by Mr. Chang. C 2010-53 Communication (02/12/2010) from the Mayor, requesting Council consideration and confirmation of James O'Connor (1st complete term ending 12/31/2012) to the Police Commission: Mr. Kaneshiro moved to receive C 2010-53 for the record, seconded by Mr. Chang. Chair Asing: Any discussion? Mr. Furfaro Yes, Mr. Chair Chair Asing: Go ahead. Mr. Furfaro; On item 2010-51, 1 would like to make note to my colleagues that I would like to ask staff to gather any questions or comments that they would have so I can compose a memorandum and send it over to the planning department. Again, the geographic areas that we're talking about is from the south fork of the Wailua River to the Knudsen Gap, that is the district that covers Lihu`e, so. Okay, if anyone has any has comments, if they could please send it over to me in my committee and I'll get it over to planning. Chair Asing: Thank you, with that Councilmember Bynum. Mr. Bynum: Councilmember Furfaro anticipated my question and so, would we be looking at potentially having an agenda item in the future to discuss? Mr. Furfaro: Yes. Mr. Bynum: Okay, that was my concern. Thank you very much for addressing that Mr. Furfaro. Chair Asing: Thank you. Any further discussion? If not, all those in favor say, aye. COUNCIL MEETING - 4 - March 3, 2010 The motion to receive C 2010-50, C 2010-51, C 2010-52, and C 2010 53 for the record was then put, and unanimously carried Chair Asing: Next item please. Mr. Nakamura: Next matter on page 2 is communication C 2010-54. C 2010-54 Communication (01/28/2010) from the Chief of Police, requesting Council approval to expend approximately $300,000 from the Police Special Fund Account #206-1001-551.30-00 to purchase a new building, furniture, equipment, storage containers, surveillance equipment, fencing, and to cover utility connection costs to replace the current Kapa`a Substation. Mr. Nakamura: Excuse me, Mr. Chair, I believe there's a request to defer this matter that was circulated. Mr. Furfaro: Yes, we do have it based on Lieutenant Contrades traveling, I believe, so. Chair Asing: Thank you. Mr. Bynum moved to defer C 2010-54, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter for approval is communication C 2010-55. C 2010-55 Communication (02/03/2010) from the Director of Housing, requesting Council approval to decline the repurchase of Unit No. 13, Villas at Puali, located at 1936 Hokunui Place, Li1hu`e, Hawaii 96766, and to grant the owner a one-year waiver of the County's repurchase right effective the date of the Council's decision, to allow market sale by the owner for a period of one year: Mr. Furfaro moved to approve C 2010-55, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next communication for approval is communication C 2010-56. C 2010-56 Communication (02/03/2010) from the Director of Housing, requesting Council approval to decline the repurchase of Unit No 101, Hookena at Puhi, located at 2080 Manawalea Street, Lihu`e, Hawaii 96766, and to issue the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision, to permit market sale of the unit for a period of one year: Mr. Chang moved to approve C 2010-56, seconded by Mr. Furfaro. Chair Asing: Any discussion? Councilmember Bynum. Mr. Bynum: Thank you, Mr. Chair. I dust want to say we've had a number of these over the last few weeks and these decisions about repurchasing are largely driven by market conditions and I met with the housing department who is, as usual, doing their great due diligence about whether these... exercising these COUNCIL MEETING -5- March 3, 2010 rights is in the best interest of the citizens of Kauai and I am confident that they're doing that and giving us good recommendations. So, I dust wanted to make that comment. Thank you. Chair Asing: Thank you. Any further discussion? If not, all those in favor say, aye. The motion to approve C 2010-56 was then put, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matters are Claims. CLAIMS: C 2010-57 Communication (02/1012010) from the County Clerk, transmitting a claim filed against the County of Kauai by Germaine J. Solano for personal injury, medical expense, and pain and suffering, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Furfaro moved to refer C 2010-57 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Kaneshiro, and unanimously carried. C 2010-58 Communication (02/18/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by St. Theresa School for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Furfaro moved to refer C 2010-58 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Kaneshiro, and unanimously carried. C 2010-59 Communication (02/19/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Richard Hoeppner for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Furfaro moved to refer C 2010-59 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter for approval are Committee Reports From your committee on planning, committee report CR-PL 2010-06. COMMITTEE REPORTS: PLANNING COMMITTEE REPORT: A report (No. CR-PL 2010-06) submitted by the Planning Committee, recommending that the following be approved as amended on second and final reading: "Bill No. 2342 - A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS, PROCEDURES, ZONING AND DEVELOPMENT PLANS FOR THE LIHU`E TOWN CORE AREA AND ESTABLISHING EXCEPTIONS, MODIFICATIONS AND ADDITIONS TO CHAPTER 8 AND CHAPTER 10 OF THE KAUAI COUNTY CODE 1987," COUNCIL MEETING -6- March 3, 2010 Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and unanimously carried. (See later for Bill No. 2342, Draft 1) Chair Asing: Next item please. Mr. Nakamura: From your committee on Public Works/Elderly Affairs, committee report CR-PWE 2010-05. PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORT: A report (No. CR-PWE 2010-05) submitted by the Public Works/Elderly Affairs Committee recommending that the following be received for the record: "PWE 2010-2 Communication (2/18/2010) from Committee Chair Tim Bynum, requesting the presence of the Administration to address the Hardy Street project," Mr. Furfaro: Move to defer Mr. Bynum: Approve. Mr. Kaneshiro: Approve. Mr. Furfaro To approve. Chair Asing: Yes. Mr. Chang: Second it. Mr. Furfaro moved for approval of the report, seconded by Mr. Chang. Mr. Furfaro: May I dust... Chair Asing• Yeah, let's have some discussion. Go ahead (inaudible). Mr. Furfaro Yeah, I'd just like to address... are... are you moving along with your queries9 Mr. Bynum: Yes and so let me take this opportunity to say that we discussed last time receiving this item and reposting with... on the next committee agenda with similar questions regarding Hardy Street improvements, but also broadening it a little bit to look at traffic circulation in the Lihu`e area and also park issues. And so that will be reposted as a separate item next week on the planning-or the public works committee. Mr. Furfaro: I dust wanted to defer to you as the chair of public works, so this is a move to approve. COUNCIL MEETING - 7 - March 3, 2010 Mr Bvnum Yes. Chair Asing: Thank you. Any discussion? All those in favor say, aye. The motion for approval of the report was then put, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter for approval are Resolutions. First resolution for approval is Resolution No 2010-19. (Mr. Kawakami was noted present at 10:04 a.m.) RESOLUTIONS: Resolution No. 2010-19, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Duane Curammeng): Mr. Furfaro moved to adopt Resolution No. 2010-19, seconded by Mr. Kaneshiro. Chair Asing: Hang on, please. I'd like to open it up to the public The rules are suspended. Rob? There being no objection, the rules were suspended. Mr. Abrew Thank you, Mr. Chair, (inaudible) Rob Abrew for the record. I would like this testimony for the next four resolutions I would speak just once. In a democracy, the people are vested with the ultimate decision-making power. Government agencies exist to aid the public in the formation and conduct of public policy. Opening up the government process to public scrutiny and participation is the only viable and reasonable method to protecting the public's interest. Therefore, the legislature declares that it is the policy of the State of Hawaii that the informatio that the formation and conduct of public policy- de-the discussions, deliberations, decisions and actions of government agency- shall be conducted as openly as possible. On February 17, 2010, the county... the Kauai County Council and the clerk's office complied with state public notice laws by making available to the public, information needed for the council, as granted by the county charter, to approve the mayor's choice to fill open positions on many of the various county boards and commissions. The public needs to know certain information about a mayor's nomination and how it would shed light upon the operations of government boards and commissions, and also upon the mayor's and the council's role in selecting board and commission members on the public's behalf. COUNCIL MEETING -8- March 3, 2010 UIPA requires public disclosure of the nominee's current occupation, business address, business telephone number, education and political membership due to a charter provision to keep our government to a bare political majority as possible. I would like to thank the county council and the clerk's office for opening up the process and would hope more citizens get involved on how our government works and ask questions if they don't understand the process and issues. I also have some concerns after reviewing some of the documents and I would like to recap some of my findings. When the new administration began in late 2008 and a new council was seated, to this date approximately 57 applications have been sent to the council to review and approve. Of the approximately 57 applications sent to the council, around 21 applications were dated after the communication had been sent to the county council, meaning that the mayor had not received a new or updated, filed application before the selection. One application was not dated and three applications were blank under the heading, "What do you understand to be the primary duties of this appointment?" If some of the above issues were to be discovered during the review process, does the council have any... have in place any method or process to clarify the issues before the council moves forward. Charter section 23 02 E, "No more than a bare majority of the members of any board or commission shall belong to the same political party." Of the approximately 57 applicants, 15 of them marked that they belonged to a political party. WILMA AKIONA, Council Services Assistant: Three minutes, Mr. Chair. Chair Asing: Yeah, go ahead, Rob, finish up Mr. Abrew: How could the applicant move forward without knowing the political make-up of the rest of the board or commission they're being appointed to? How does the council verify this information that needs... that it needs to know in order to comply with 23 02 D and E In the last month the county council has moved forward, opened up the process for access to documents. Now more citizens can get involved in the process and bring more ideas and comments in order to build a better well-informed Kauai. On 1111/2010 I asked the county clerk in writing for clarification on the issue for the release to the public the applications coming before the council from the mayor. I have not had a response to this request. To be noted at the last meeting of the council on 2/17/2010, the applications were placed on the agenda and were available to anyone that asked for them. COUNCIL MEETING -9- March 3, 2010 I would like to remind the council that if a record is sent to the body and marked confidential, it is the council's responsibility, not any other agency, to honor the privacy rights of the individual but make available to the public the non- confidential parts of the record. The last couple months I have brought forth many items and issues of making records received by the county clerk available to the public. The issues I have brought up have been issues dealing solely with the county council and the clerk, not any other county agencies. Once again, I thank the county council and clerk for addressing the issues about releasing documents to the public. This is when the public is well-informed, moving forward becomes easier for all involved. Mahalo. Chair Asing: Thank you. Councilmember Bynum. Mr. Bynum: I dust want to respond to a couple questions that Mr. Abrew asked. (Inaudible in the gallery) Mr. Bynum: Rob, thank you for your testimony and I appreciate your diligence on this issue, but I did want to answer. You know, one of the questions you asked, does the council have a method to resolve this, and my...just speaking for myself, we receive the applications, some of those areas that you noted were noted by councilmembers and we did, we have the opportunity to ask those questions and to note that ourselves, and so I believe we do have that process. I'm not that concerned that applications were dated after ...you know, the communication was received, as long as the application is completed and is available for the public and us, you know, prior to that. But regarding membership, I appreciate that the boards and commissions have created a mechanism to look at the political membership and speaking again for myself, I assume that and, you know, I have discussed this with them, and I feel confident that they are monitoring that, so-and that they wouldn't bring forward an application if that violated the provisions of the charter. So, you know, for myself, I'm not personally following up on that, but I'm trusting that the boards and commissions office is monitoring that. The...you know, I appreciate the recognition that we have complied now with the notification and making the public records available and I appreciate our staff and boards and commissions working those kinks out. But I am concerned if you make inquiries in writing of the clerk, I believe you should get a response. Even though we've responded in action, you know, there should be a response, so I dust want to make those comments. COUNCIL MEE'T'ING - 10 - March 3, 2010 Mr. Abrew: Thank you, Tim. Chair Asing: Thank you. Any other questions? If not, thank you very much. Is there anyone else who wants to speak on this item. BC. Videographer: Check your mike. Chair Asing: Is there anyone else who wants to speak on this item? If not, I'd like to call the meeting back to order. There being no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Chair Asing: We have a motion on the floor, we have a second, any further discussion? Councilmember Bynum. Mr. Bynum: Thank you, Mr. Chair. We are moving to confirm four new members to boards and commissions, and Mr. Abrew's pointed out that 57 citizens have stepped up to volunteer with their county government, and I very much appreciate those citizens stepping up. I want to repeat a comment I made earlier that I believe all 57 of those have been approved by this council not after us...not prior to us interviewing each applicant and being... having the opportunity to ask any questions. But speaking again for myself, I appreciate it when citizens step up. I think if we reviewed that list of 57 people, you would see a great diverse cross section of our community and I think that the administration, both the previous one since establishing these boards and commissions in...by charter and the current one, has done an admirable fob of recruiting appropriate people for these positions, and I believe that the council has fully done its due diligence. We've used those opportunities, but speaking again for myself, I'm going to have to have a fairly compelling reason that I wouldn't confirm a volunteer for a position, that they for some reason on the face look inadequate or don't have the appropriate experience or there's some conflict, those are the things that I assess and I'm sure that's what the mayor and the boards and commissions office assesses prior to bringing them before us. So, there is a, you know, kind of a multi-stage screening process for these individuals, but I think it would be an extraordinary circumstance where we would have a contested vote and say no to a volunteer who wants to help work on county government. So, thanks for that opportunity to make a statement, Mr. Chair. Chair Asing: Thank you. Any further discussion? Councilmember Chang. Mr. Chang: Thank you, Chair. I would like to dust say...I would like to thank all of the applicants and the volunteers and I think it's appropriate COUNCIL MEETING - 11 - March 3, 2010 that we share our aloha out to Duane Curammeng, who's going to be with our Board of Appeals; we got Mr. Ryan de la Pena with our Civil Service Commission, with our Planning Commission... BC, Videographer: Check your mike, Dickie. Mr. Chang: ...with our Planning Commission Caven Raco and with our Police Commission, Names O'Connor, so we'd like to say aloha to these four volunteers and gentlemen for serving. Thank you very much. Chair Asing: Thank you. Any further discussion? If not, we have a motion and a second, roll call please. The motion to adopt Resolution No. 2010-19 was then put, and carried by the following vote- FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Asing• Next item please. Mr. Nakamura: Next resolution for approval is Resolution No 2010-22. Resolution No. 2010-22, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Ryan de la Pena): Mr. Furfaro moved to adopt Resolution No. 2010-22, seconded by Mr. Chang, and carried by the following vote: FOR ADOPTION. Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0 Chair Asing: Next item please. Mr. Nakamura: Next resolution for approval is Resolution No 2010-25 Resolution No. 2010-25, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Caven Raco): Mr. Bynum moved to adopt Resolution No. 2010-25, seconded by Mr. Furfaro. Chair Asing: Hold on, I'd like to suspend the rules. There being no ob1edlon, the rules were suspended. COUNCIL MEETING - 12 - March 3, 2010 ROLF BIEBER: Thank you, Chair. Thank you, Council. Rolf Bieber for the record. I encourage the council to confirm Mr. Raco. I think it's appropriate. And I'd like to thank Mr Furfaro for his words in the interview process. Unfortunately, the televised audience won't be able to see that, but I very much appreciate the dialogue. I have a concern that in his application, Mr. Chang did bring up length of residency for Mr. Raco. But just above that, in his employment history on his application, it's blank. He didn't fill that portion in. And none of the councilmembers brought that to the attention, either to him or the public or amongst yourselves, so. It's a concern that we have an application there that isn't complete. That's my only comment. Thank you. Chair Asing• Thank you. Any questions? If not, I have a comment and this is for myself. I happen to know what he does. So, I...you know, took it that that portion, although blank, I know what his occupation is, so. Thank you. Mr. Bieber: This is a public record and... Chair Asing: Yes Mr. Bieber: ...the public is entitled to know what his history is as well. Chair Asing: Agreed. Yes. Mr. Furfaro Rolf, thank you for bringing that to his attention. This is a reappointment and also thank you for the comments that you made about the questions posed to him about implementation of the general plan, etc. But I...I know the architectural firm for which he belongs to is... is actually reducing staff at the present time and I'm not sure if that was a reflection of his status or not, but we will revisit his first application and we will follow up with a phone call. I'll ask the staff to do that right now to make certain that we do know his employment status. Mr. Bieber: And that the record is complete so that the public has access to this information. Mr. Furfaro: Understood. Mr. Bieber: Thank you. Mr Furfaro: We will make that call (inaudible) Chair Asing: Thank you. Mr. Bieber: Thank you very much. Chair Asing: With that, is there anyone else? If not, I'd like to call the meeting back to order. There being no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Chair Asing: Do we have a motion? COUNCIL MEETING - 13 - March 3, 2010 Mr. Nakamura: Yes. Chair Asing: We have a second. Any further discussion? If not, roll call please. The motion to adopt Resolution No. 2010-25 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0 Chair Asing: Next item please. Mr. Nakamura: Last resolution for approval is Resolution No. 2010-28. Resolution No. 2010-28, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Names O'Connor): Mr. Kaneshiro moved to adopt Resolution No. 2010-28, seconded by Furfaro, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Asing: Next item please. Mr. Nakamura: Next matter is a Bill for First Reading, Bill No. 2347. BILL FOR FIRST READING: Bill No. 2347 - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 BY REVISING THE OPERATING BUDGET OF THE OFFICE OF THE COUNTY AUDITOR IN THE GENERAL FUND: Mr. Kaneshiro moved for passage of Bill No. 2347 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for April 14, 2010, and that it thereafter be referred to the Budget & Finance Committee, seconded by Mr. Furfaro. Chair Asing: Before we go on, I'd like to suspend the rules. There being no objections, the rules were suspended. COUNCIL MEETING - 14 - March 3, 2010 GLENN MICKENS: Thank you again, Kaipo. For the record Glenn Mickens I just would like to have a little more information about this particular item. In the clerk's office it said $16,444 into this line item to pay for the lease rent and other expenses. Sixteen thousand do...is that a yearly... is that a yearly amount that's going to be paid for this`? Mr. Furfaro: That's for the balance of this year. Mr. Mickens: The ba... Mr. Furfaro: That takes us through June 30 of 2010. Mr. Mickens: And so that amount of money is for a yearly lease, $16,000? Mr. Furfaro That is roughly five months Mr. Mickens: Oh, five months, $16,000 for five months and what's that a year, Jay? Mr. Furfaro. Well, roughly that's about $37,000, if my computer's on this morning. Mr. Mickens: Okay Mr. Furfaro: About $37,000. Mr. Mickens: You got a great computer, I know that. I guess my...my biggest concern is this council brought up maybe a year or two years ago about the Pi`ikoi Building over here and it sat there with space that. I remember you people talking about that was empty, that when... there was criticism, I believe, that, you know, why aren't we renting that thing out, why is it sitting there? So, why aren't we.... the Pi`ikoi Building... for informational purposes, does that belong to the county? Chair Asing: Yes. Mr. Mickens: It does belong to the county. Then, my question is why are we going out to get a lease on a place and paying $30,000 a year for this office of 900 or 800 and some square feet if we have space over there that we're not using9 Chair Asing: Councilmember Furfaro. COUNCIL MEETING - 15 - March 3, 2010 Mr. Furfaro: I would just like to say that remember the county attorney... the county auditor's position was placed on the ballot and basically the voters concurred that we needed this internal auditing mechanism. Mr Mickens: Sure. Mr. Furfaro: The fact of the matter is in that planning stage, until that bills passed, we did not know if we actually created the additional staffing facilities for that department. Now that department as is outlined in the charter will identify 4-5 divisions in the county that they will audit during any one fiscal year. It would be part of the budget process. They need to be in a place where they are close to accessing records both from administration as well as from the council. Currently when that happened, Glenn, this individual was then placed in the new deputy clerk's office and they're working out of a 12 x 12 space right now. This is now going to be added and that's why it's a short-term lease. It's going to be added until it's evaluated by the space planner. Mr. Mickens. So th... Mr, Furfaro: Then it'll be (inaudible) there. We also had thought about identifying the basement of the building next door, the annex, but you have to recall with November coming up, that is where we do the walk-in voting. So this is a short-term answer to something that was approved by the citizens to staff... Mr Mickens: Well, I...I certainly agree that Ernie needs, you know, a proper place to do his business with. I...so you're saying this is a short- term lease and it's still possible that the Pi'ikoi space over there... Mr. Furfaro• Eventually, yes. Mr. Mickens. ...could be used. Mr. Furfaro. That's correct. Mr. Mickens Okay, that's all I wanted to know Thank you. Mr. Furfaro: You're welcome. Mr. Abrew: Aloha, council, Rob Abrew for the record again. I just heard the term short-term lease From my understanding this is a 3-year lease. Chair Asing: No. Nit. -Furfam. No. It has the ability to be renegotiated in that period, but what's in front of us now is to the end of the year. COUNCIL MEETING -16- March 3, 2010 Mr. Abrew: Okay, because I believe I have a correct copy of the lease. Mr. Kaneshiro: That's fine. Mr. Furfaro: That's fine. Mr. Abrew: And in...I believe it's for the building across the street above the fire department. Chair Asing: Yes. Mr. Abrew: Okay, well, in my... in this it says it's got a term of the lease and the term is three years commencing. Chair Asing: No, that's not what is going to happen. Mr. Abrew: Oh, I understand. So is this going to be updated in the public hearing process and stuff? There'll be a new lease corrected? Mr. Furfaro In the budget process... Mr. Kaneshiro. In the budget process. Mr. Furfaro: (inaudible), you know, it'll come up again. By that time we would have sorted out if we are going to actually move them into the basement next door because... by the end of the year, but we can only approve moneys in the year for the year, and that is all we're doing. Mr. Abrew: Okay. My guess... Mr. Furfaro: I hope that answers... Mr. Abrew: When it comes to the committee, I can try to make it here. Mr. Furfaro: Oh yeah or to the budget reviews because there'll be about 10 days of budget meetings. Mr. Abrew: Okay, yeah, I'm just concerned about $2.92 a square foot for office space. And that includes the CAM and the other issue I saw in here that I'm concerned about is since the fire department is in the bottom of that building, 1 would assume this office would take a...you know, some space up top. In the lease it also restricts the county from getting... assuming property tax from that building. So the owner of the building would not have to pay property tax based on the amount of space used by the county. So, basically... COUNCIL MEETING - 17 - March 3, 2010 Mr Furfaro: So those are your assumptions. Mr. Abrew: Well, that's what I read here. I don't know if I can find this real quick... Mr Furfaro• I think if only... Mr. Abrew: It's under real ...you know, it's under real property tax, payments of taxes. Mr. Furfaro: Yeah, I first I want to go back and say I think it's $2.92, I don't have it in front of me, but just for the public, the $2.92 is the common area maintenance fee Mr Abrew. Well, it's the rent and the common area and the estimated cost for... Mr. Furfaro: That's correct, but when you say CAM, I just ...I know there's a number of people that understand that, but I dust wanted to explain it is the common area maintenance fee. Mr. Abrew: Thank you, Jay. Yeah, that's, I'll bring this up when I...when I see it. I don't want to waste any more time here, but I believe there is something in here that ideas.. will allow them to not have to pay taxes on that building for the duration of the lease, so, and I would also like to state I think the fire department is paying $2.16 a square foot in that building, so there is a difference of 75 cents a square foot. Mr. Furfaro: Yeah, there are. I should point out, there are some portions of that 962 square feet that have some additional components other than there is some office space that's already built in, the FF&E is already part of that area and so forth. But you know it's-it is a standard term, you know, when you...in return credit someone for taxes, the reality is they then charge you rent for it, so it's, whether it's coming from Peter or Paul, it's ...it is something that does exist in the negotiation. Mr. Abrew: (Inaudible) thank you. Chair Asing: Is there anyone else? Yeah, I'd like to also comment that, you know, there are other entities in that building also. So, it's not dust a building for... that the county has There are other people that are renting that building too. With that, the meeting is called back to order. The meeting was called back to order, and proceeded as follows: COUNCIL MEETING _18- March 3, 2010 Chair Asing• We have a motion on the floor. Councilmember Kaneshiro. Mr. Kaneshiro: Thank you, Mr Chair. I want to note here that.. the budget approval is just for this fiscal. Any new approvals, whether you have a 3-year, 10-year, or 20-year lease, that's to be budgeted. So, you know, even though an item says that you may get this space for X amount of time, it doesn't mean that we're going to take this space for that X amount of time. I mean it's good to know that we've got some time, you know, at least in there involved. But every single year we go through the budget process and when an appropriation is made, that's when we make the decision as to how long the lease will be and can extend to. So, I want the public to know that. Just because the terms of the agreement say up to three years, it doesn't mean that what we're approving today is up to three years because I want my councilmembers to also approve a communication that I'm going to be sending to the county auditor. I'm going to be sending a communication to the county auditor and... that the lease of the commercial space that we have now, if it's okay with the rest of the councilmembers, would be... my communication would be that it will be temporary and that the lease will terminate or should terminate when office space within the county buildings is suitable enough to house the auditor's office is available for occupancy. So, I want, you know, the approval of my members to send the communication. This will not change the bill. We have a money bill in front of us. But I want ...I need to send a message out, we need to send a message out that, you know, we got to look at our own space too and see what we have here. We can't be going out and renting space especially with fisc...you know, with the fiscal responsibilities and declining revenues we may be facing. So, I know that won't change the bill itself, but I think it's important we send a communication to the county auditor in that respect. So, you know, with approval of this bill, I would also ask for the rest of the council if they would agree with that communication. Mr Furfaro. I would certainly agree with the intent of the finance chair And as I mentioned to the public, it's my belief that after the walk-in space is finished in the Annex Building... Mr. Kaneshiro: Yeah. Mr. Furfaro: ...that in fact there is a plan for them to go there. Mr. Kaneshiro And again, you know, the people of Kauai need to realize this and Mr. Mickens, you were a strong, you know, advocate of a county auditor. But it was only approved in the recent election, you know, about a year ago. So at that time now we gotta go find space, we don't have enough space here, we're short of staff, we need to hire a deputy, you know, clerks, we don't even have space for that. So I think, you know, it's important that we go ahead for this ...with this temporary lease for now so at least we cannot tie up operations here on the county council side. So with that, I'm voting for approval. COUNCIL MEETING -19- March 3, 2010 Chair Asng- Thank you, any further discussion? Councilmember Bynum. Mr Bynum: Thank you, Mr. Chair. I appreciate the questions from the public regarding this because I had similar questions and I think our council chair has correctly pointed out in the past that we purchased a building, where Pi'ikoi Building is. It has unfinished office space. I share his concern that we allowed that asset to go unused for as long as we did and so this is similar to the fire department that we are buying a lease. I think we all had to swallow hard, but these are interim measures and because I think we need to accommodate that space. That's a tremendous asset for our county workers and if not for our county workers„ we just heard it, $2.92 a square foot. That's a lot of potential revenue that the county's lost over time. The good news about that is the administration and this council are on track with that now. I think we're approving funding to build out the Pfikoi space to accommodate the fire department so we're not having to do those leases and I trust the leadership that our chair and vice chair have done on this issue regarding the auditor and I've been assured that it's an interim measure. And... but we have to house our auditor, so. But the questions are very appropriate and reasonable and the same questions that, you know, our council chair was asking prior to my involvement on the council. So, thank you very much. Chair Asing: Any further discussion? If not, roll call please. The motion for passage of Bill No. 2347 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for April 14, 2010, and that it thereafter be referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST PASSAGE- None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. {Councilmember Kawakami recused himself on Bill No. 2342, Draft 1, and left the chambers } Chair Asing• Next item please Mr. Nakamura: Next matter on the council's agenda is a Bill for Second Reading, Bill No. 2342, Draft 1. BILL FOR SECOND READING. Bill No. 2342, Draft 1 - A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS, PROCEDURES, ZONING AND DEVELOPMENT PLANS FOR THE LIRUE TOWN CORE AREA AND ESTABLISHING EXCEPTIONS, MODIFICATIONS AND ADDITIONS TO CHAPTER 8 AND CHAPTER 10 OF COUNCIL MEETING -20- March 3, 2010 THE KAUAI COUNTY CODE 1987 Mr. Bynum moved to adopt Bill No 2342, Draft 1, on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr. Kaneshiro. Chair Asing• With that I believe we have an amendment. Mr. Kaneshiro. Yes, we do. I would like to first make the move to amend to have this on the floor for discussion. Do I have a second? Mr. Bynum- Second. Mr. Kaneshiro moved to amend Bill No. 2342, Draft 1, as shown in the Floor Amendment attached hereto, seconded by Mr Bynum. Mr. Kaneshiro- Okay, basically, again, it's.. Chair Asing: It's amend as circulated. Mr. Kaneshiro As circulated (inaudible). Chair Asing: Everyone has the... Mr. Kaneshiro: Yeah... Chair Asing: ...the amendment changes Mr. Kaneshiro Amend as circulated in its entirety and basically it's some clean up action again that we're doing on this bill, and I'll go over it real fast. I mean these are real simple clean up issues that we.. came about or came up with. Actually at one time we had what we... always referred to an ordinance. We referred to an ordinance and when the ordinance would be passed, we would insert that ordinance number in it. So instead of doing that, what we did, we dust took the word ordinance out and we said that enactment of this article. So this way we're covered, we don't have to be referring back to when this ordinance is passed. So this way, we have a clean, you know, clean, I guess, would say standard of...be easy to read. So basically again, you'll see it throughout the bill, wherever ordinance was, it's not going to be referred to as article. And the second amendment is basically moving the definitions. The definitions were always at the end of this whole bill. What we're doing is dust bringing it forward. So, the definitions are up front instead of at the end. So this way, you can read the definitions first rather than read the word and try to find the definition. So, it's dust again another technical issue that we did to this bill. And on page 7 where it says Figure 5.3, technically that should have been 5 4. So these are very minor changes as you can see, making this bill easier to read and easier to understand. Did I cover all9 Oh, I...I'm sorry It's vice versa. On page 7 it was 5.4, it's now 5 3. Sorry about that. See, even I missed that. Mr. Furfaro? Chair Asing Councilmember Furfaro, do you have a question? Mr. Furfaro: This actually is for the audience as well, it's a previous question. Starting on page 3, Section 10-5A.6 Special Planning Areas, Designation and Procedures, going over to page 4, the Special Planning Areas, COUNCIL MEETING - 21 - March 3, 2010 which are the exhibits one will exhibit, but Areas D, E, F, and G, this is where they get adopted into the article, which are the four planning maps and so forth, and I just wanted to point that out for the... Mr. Kaneshiro: Okay, thank you. Mr. Furfaro: the audience, thank you. Chair Asing: Thank you, any further discussion on the amendment? All those in favor say, aye. The motion to amend Bill No. 2342, Draft 1, as shown in the Floor Amendment, was then put, and unanimously carried. Chair Asing: We're back to the main motion as amended. Is there further discussion? Councilmember Bynum Mr. Bynum: Just real briefly, I'm really happy to see the Llhu`e Town Core Urban Design Plan come to a conclusion. We had a lot of citizens and community groups, including Lihu`e Business Association, that worked diligently on this plan and it puts in special treatment districts in Lihu`e that are consistent with the way the world is moving into smart growth principles, livable, walkable communities, things that ...a vision for Lihu`e that many people share and, you know, this kind of codifies that and it's a positive step forward, in my opinion, thank you. Chair Asing: Thank you. Any further discussion? If not, roll call. The motion to adopt Bill No. 2342, Draft 1, as amended to Bill No. 2342, Draft 2, was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Asing TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, RECUSED & NOT VOTING Kawakami TOTAL - 1 Chair Asing: With that, the meeting is adjourned, thank you. ADJOURNMENT: There being no further business, the meeting was adjourned at 10:38 a.m. Respectfully submitted, PETER A. NAKAMURA lwa County Clerk March 3, 20 10 FLOOR AMENDMENT BILL NO. 2342, Draft 1, Relating to the Lihu`e Town Core Urban Design Plan Introduced By: Daryl Kaneshiro Bill No. 2342, Draft 1, is amended in its entirety to read as follows: "SECTION 1. Findings and Purpose. The Council of the County of Kauai finds that the Lihu`e Town Core Urban Design Plan of 2009 was recently completed by the Planning Department in concert with consultants and a community advisory committee. SECTION 2. Chapter 10 of the Kauai County Code 1987, as amended, is hereby amended by adding a new Article to be appropriately inserted and numbered, as follows: "ARTICLE 5A. LIHU`E TOWN CORE URBAN DESIGN DISTRICT Sec. 10-5A.1 Title, Purpose and General Provisions. (a) This Article shall be known and may be cited as the "Lihu`e Town Core Urban Design District Ordinance". The purpose of this Article is to: (1) Implement the intent and purpose of elements within the Kauai General Plan Update 2000 regarding the L11hu`e Town Core area, and the Lihu`e Town Core Urban Design Plan of 2009; (2) Provide more up-to-date design standards from those enumerated in the Lihu`e Development Plan 1976 in recognition of more detailed planning goals and objectives for the Lihu`e Town Core Area; (3) Establish Special Planning Areas, land uses, development standards and design guidelines to guide and regulate future development; (4) Protect certain physical characteristics found to be of particular public value, as provided in Kauai County Code Section 8-9.6, "Special Planning Areas"; and (5) Provide for regulations of land use and development practices within the Lihu`e Town Core area. (b) Nature of the Lihu`e Town Core Urban Design District Ordinance Page 1 of 44 This Article supplements Chapter 8 and Chapter 10 of the Kauai County Code by regulating use and development standards within the Lihu`e Town Core area. This Article also provides the necessary framework and guidelines to direct future development and .improvements. Although not controlling, the Lihu`e Town Core Urban Design Plan of 2009 serves as the primary guiding document for the creation of this Article. Further, this Article relies on the following regulatory mechanisms to implement many of the goals envisioned in the Plan: (1) Development Standards; (2) Design Controls, Standards, Guidelines, and Criteria; and (3) Recommendations for future and existing locations of major or critical circulation systems. Sec. 10-5A.2 Goals and Objectives. The specific goals and objectives contained in Chapter 2 of the Lihu`e Town Core Urban Design Plan of 2009, including neighborhood-specific design objectives in Chapter 5, are hereby adopted by reference. Copies of the plan are on file at the Planning Department, County of Kauai. Sec. 10-5A.3 Application of Regulations. (a) Unless otherwise expressly prohibited by law, the provisions of this Article shall apply to all new development located within the Special Planning Areas described herein the Lihu`e Town Core Urban Design Plan of 2009. (b) The regulations and procedures established in the Comprehensive Zoning Ordinance shall apply within the Special Planning Areas of the Lihu`e Town Core Area, except to the extent that such regulations or procedures are changed or modified by the provisions of this Article. When the provisions of this Article differ with respect to the provisions of Chapter 8 or Chapter 10 of the Kauai County Code in force and effect prior to the enactment of this Article, the provisions of this Article shall apply. Sec. 10-5A.4 Existing Conditions. (a) This Article does not mandate the immediate modification of structures and uses lawfully in existence upon the enactment of this Article. (b) The requirements of this Article will not be triggered by routine maintenance not requiring a zoning permit. (c) Existing Buildings and Structures. Buildings and structures lawfully in existence upon the enactment of this Article that do not conform to the provisions of this Article are subject to the requirements of Kaua'i County Code Section 8-23.1, "Non- conforming Buildings and Structures". Redevelopment or expansion of the building or Page 2 of 44 structure, where the cost of construction exceeds fifty (50) percent of the building's replacement cost will be considered new development for the purposes of this Article. (d) Existing Uses. Uses lawfully in existence upon the enactment of this Article that are not consistent with the special planning areas will be allowed to continue on the parcel of record pursuant to Section 8-23.2. Reestablishment of a previously lawful existing use requires a use permit pursuant to Article 8, Chapter 20 of the Kauai County Code. Sec. 104A.5 Defi ait uns The definitions contained in Section 8-1.5 of the Coinprehensive.Zoning Ordinance are incorporate herein. When used in- this Article, the follow ng words or phrases shall have the. meaning given ih thi Article unless it. shall be apparent from the context that a different meaning is %ntend d. "Build=to Line" means a designated line that runs parallel to the property boundary along which the facade of a building shall be built for the purpose of creating a. consistent street edge. "Encroachment" means private uses of public property, such as signs in or overhanging in the public right-of-way, private landscaping in the public right-of-way, and similar uses. "Human Scale" means an. architectural term that refers to the perceived proportional relationship of a building's size and details to a person -walking next to the building. liked Use" - refers to: a .type of zoning that allows a mixture of `residential and other compatible uses in a single building (vertical. mixed. use) or in multiple buildings (horizontal mixed use} 'within a particular area,, designated by a use district or:.special planuingarea. "Roadway Interface Zone" refers to the: transition zone between the vehicular traffic in the roadway and,,pedestrian activity along. the sidewalk. This zone serves to help -buffer pedestrians: from vehicular traffic and noise associated with the roadway. Street furniture d landscapg, such as street trees, seating areas, newspaper and brochure dispensers, trash receptacles, drinking fountains, street lighting, street signs, parking meters, bus* stops, `bicycle racks and art work (depending upon the appropriateness and scale) are typically placed within this zone. "Streetscape" means the appearance of the street formed by the area of a building's facade that is exposed to view :from the street. See. 10.-5A.6 Special Planning Areas, Designation and Procedures. Page 3 of 44 (a) Designation of Special Planning Areas "D", "E", "F" and "G". The boundaries of the following neighborhood design districts are hereby adopted as described in Chapter 5 of the I.ihu`e Town Core Urban Design Plan of 2000 and shall be referred to as follows: (1) Special Planning Area "D", which shall also be known as the "Rice Street Neighborhood Design District" and be designated as "SPA-D" on zoning maps. (2) Special Planning Area "E", which shall also be known as the "Kuhio Highway Neighborhood Design District" and be designated as "SPA-E" on zoning maps. (3) Special Planning Area "F", which shall also be known as the "`Akahi, `Elua and `Umi Streets Neighborhood Design District" and be designated as "SPA-F" on zoning maps. (4) Special Planning Area "G", which shall also be known as the "Lihu`e Civic Center and Community Facilities Neighborhood Design District" and be designated as "SPA-G" on zoning maps. (b) Designation of Zoning Map. In order to carry out the purpose of this Article, the zoning map ZM-LI 400 of the CZO is hereby amended to incorporate Special Planning Areas "D", "E", "F" and "G„ (e) Relationship of Special Planning Areas to Underlying Use Districts. Special Planning Areas "D", "E", "F", and "G" are intended to serve as "overlay" districts which supplement the underlying use district. The regulations pertaining to use districts underlying these special planning areas remain in force and effect. However, where the requirements of the "Lihu`e Town Core Urban Design District Ordinance" conflict from the requirements of the underlying use district in force and effect before the enactment of this Article, the requirements of the "Uihu`e Town Core Urban Design District Ordinance" shall prevail. Sec. 10-5A.7 Special Planning Area "D" ("SPA-D"), also known as the "Rice Street Neighborhood Design District" - Uses, Standards and Guidelines. The following exceptions, modifications and additions to the provisions of Chapter 8 and Chapter 10 of the Kauai County Code shall apply to development within SPA-D, also known as the "Rice Street Neighborhood Design District." This Section shall supersede any conflicting provisions in Chapter 8 and Chapter 10 of the Kauai County Code enacted before the enactment of this Article. (a) Generally Permitted Uses and Structures in SPA-D: Page 4 of 44 (1) Accessory uses and structures (2) Art galleries and sales (3) Churches and temples (4) Clubs, lodges and community centers (private) (5) Commercial indoor amusement and recreation facilities (6) Convenience store and neighborhood grocery stores with a 20,000- square foot building footprint or smaller (7) Home businesses (8) Hotels and motels not to exceed RR-10 density (9) Household services (10) Light manufacturing, such as handicrafts and garment fabrication (11) Minor food processing, such as cracked seeds, jellies, candies and ice cream with a 20,000-square foot building footprint or smaller (12) Museums, libraries and public services (13) Offices and professional buildings (14) Parking garages/structures (15) Personal services, such as barber and beauty shops, salons, Laundromats, shoe repair shops, etc. (16) Public offices and buildings (17) Public parks and monuments (18) Restaurants and food services (19) Retail sales and shops with a 20,000 square foot building footprint or less (20) Multiple-family dwellings not to exceed R-20 density (21) Single-family dwellings (22) Schools and daycare centers. (b) Uses and structures requiring a use permit in "SPA-D": (1) Adult family boarding, group living and care homes (2) Animal hospital (3) Automobile repair, storage and gasoline sales (4) Bars, Nightclubs, and Cabarets (5) Botanical and zoological gardens (6) Communications facilities (7) Construction materials storage (8) Convenience stores and neighborhood grocery stores over a 20,000 square foot building footprint (9) Food processing and packaging (other than what is permitted above) (10) Hotels and motels not to exceed RR-20 (11) Light manufacturing (other than what is permitted above) (12) Outdoor private amusement and recreational facilities (13) Public and private utilities and facilities (14) Research and development (including laboratory/medical research) (15) Retail sales over a 20,000-square foot building footprint Page 5 of 44 (16) Warehouse, self-storage facilities (17) Any other use or structure which the Planning Director finds to be similar in nature to those listed in this section and appropriate to the district. (c) Setback and Build-to Line Requirements, Rice Street. The following setbacks and build-to requirements apply only to the portion of Rice Street from Kuhi6 Highway to Kapule Highway: (1) Front Yards: a. For the south side of Rice Street, buildings shall be built up to a twelve (12) foot build-to line from the edge of the curb. b. For the north side of Rice Street, buildings shall be built up to a ten (10) foot build-to line from the edge of the curb. C. The Director may grant an exemption from the build-to line requirement to allow for variation in the streetscape, provided the setback enhances the pedestrian nature of the streetscape and does not exceed a total of 70 percent of the frontage along Rice Street. Examples include provisions for landscaping, wider sidewalks, plaza areas and outdoor eating and seating areas. d. Because the existing right-of-way fronting each property varies, all new development shall ensure that a continuous width of at least twelve (12) feet (from the street side edge of the sidewalk curb to the building fagade, inclusive of tree wells) is provided on the south side of Rice Street and a similar sidewalk of at least ten (10) feet is provided on the north side of Rice street. Where buildings are set back from the build- to line, these areas shall be paved for ADA accessibility to meet with the sidewalk paving or shall be landscaped and serve a function that promotes pedestrian activity along the street front. e. Easements shall be required and granted in favor of the County over private property where necessary to maintain a consistent streetscape. The County shall be responsible for the installation and maintenance of sidewalks and tree wells provided within the right-of-way easements. Adjacent landowners are encouraged to work with the County if patterned or special paving materials are desired. (2) Side "Yards: a. Side yard setbacks are not required for buildings on Rice Street, except where the side yard abuts a public street or a lot in a zoning district which requires a side yard setback, In such cases, the setback shall be equal to the minimum required for the adjoining or underlying page 6 of 44 zoning district. New development shall locate buildings at the minimum side yard setback, except in the following instances: i. Where access to on-site parking at the rear of the building is necessary; or ii. Where setback area is desired (i.e. for parking or outdoor seating) then the side yard setback along the first fifteen (15) feet of building depth shall be at the minimum setback. The remainder of either side yard shall be increased for the desired use. (3) Rear Yards. No minimum rear yard setback is required for properties, except where the rear lot abuts a residential property. In this case, the minimum yard setback shall be five (5) feet. d) Setback and Build-to Requirements, Fairview Commercial Area. The following setbacks and build-to requirements apply to the Fairview Commercial Area as described in Figure `3 of the Lihu°e Town Core Urban Design Plan. (1) Front Yards a. All new buildings along Kress and Kalena Streets shall be built up to the property line (zero (0) feet from the right-of-way). b. For the north side of Halenani Street, buildings shall be built up to the property line (zero (0) feet from the right-of-way). C. For the south side of Halenani Street, buildings shall be built up to a ten (10) foot build-to line from the edge of property line. Easements shall be granted in favor of the County for this ten (10) foot area to allow for parking and sidewalk improvements to be implemented by the County according to the Lihu`e Town Core Urban Design Plan of 2009. The easement and proposed sidewalk improvements will not require demolition of existing buildings and shall be adjusted as necessary. The easement is required for all new development or major renovations, d. The Director may grant an exemption from the build-to line requirement on Halenani Street to allow for variation in the streetscape provided the setback enhances the pedestrian nature of the streetscape. Examples include provisions for landscaping, wider sidewalks, and outdoor eating and seating areas. e. For Malama and Hoala Streets, the minimum front yard setback shall be five (5) feet. Page 7 of 44 (2) Side Yards a. No side yard setback is required except where the side yard abuts a public street or for a use which requires a side yard setback. In such cases, the setback shall be equal to the minimum required for adjoining or underlying use district. New development shall locate buildings at the minimum side yard setback, except in the following instances; i. Where access to on-site parking at the rear of the building is necessary; or ii. Where setback area is desired (i.e. for parking or outdoor seating) then the side yard setback along the first fifteen (15) feet of the building depth shall be at the minimum setback. The remainder of either side yard may be increased for the desired use. (3) Rear Yards. a. No minimum rear yard setback is required for properties, except where the rear lot abuts a residential use. Then, the minimum yard setback shall be five (5) feet. (e) Setback and Build-to Requirements, `Ewalu Street Commercial Area. The following setbacks and build-to requirements apply to the 'Ewalu Street Commercial Area as described in Figure 5.4 of the Lihu`e Town Core Urban Design Plan. (1) Front Yards a. All new buildings along `Ewalu Street shall be built up to the property line (zero feet from the right-of-way). b. On `Umi Street, new buildings shall be built up to a twenty- three (23) foot build-to line from the edge of property line. Easements shall be granted in favor of the County for this twenty-three (23) foot area to allow for perpendicular parking stalls (19 feet) and a four (4) foot wide sidewalk. C. The Director may grant an exemption from the build-to line requirement to allow for variation in the streetscape, provided the setback enhances the pedestrian nature of the streetscape and does not exceed a total of 70 percent of the building frontage. Examples include provisions for landscaping, wider sidewalks, and outdoor eating and seating areas. (2) Side Yards Page 8 of 44 a. No side yard setback is required except where the side yard abuts a public street or for a use which requires a side yard setback. In such cases, the setback shall be equal to the minimum required for the adjoining or underlying use. New development shall locate buildings at the minimum side yard setback, except in the following instances: i. Where access to on-site parking at the rear of the building is necessary; or ii. Where setback area is desired (i.e. for parking or outdoor seating) then the side yard setback along the first fifteen (15) feet of the building depth shall be at the minimum setback. The remainder of either side yard may be increased for the desired use. (3) Rear Yards a. For properties along Nawiliwili Gulch, a twenty (20) foot rear yard setback is required. For all other properties, no minimum rear yard setback is required, except where the rear lot abuts a residential use. Then the minimum rear yard setback shall be five (5) feet. (f) Historic Buildings. Exceptions to all the above setbacks and build-to lines are permitted for the historic buildings within the Rice Street Neighborhood as designated in Figure 5-2 of the Lihu`e Town Core Urban Design Plan of 2009. These buildings will be encouraged to retain their historic character and facades to the maximum extent feasible. (g) Encroachment. (1) Canopies, awnings, overhangs, balconies, eaves, signage, and similar permitted elements may encroach into the required right-of-way over the sidewalk, provided that the projection does not intrude into the street travelway or block ADA-accessible sidewalks and meets applicable ground clearance standards. (2) Retail uses, such as sidewalk cafes and outdoor shopping areas, and temporary retail uses, such as sandwich boards and outdoor shopping displays, which "spill-out" onto the sidewalk are permitted, subject to approval by the Planning Director and County Engineer. Department of Transportation approval is also required for encroachments into a State-owned right-of-way. (3) Outdoor eating and gathering areas located within the roadway interface zone should be buffered from moving cars through the use of bollards, planters, landscaping, decorative fencing or similar measures. All buffers that encroach into a public right-of-way are subject to approval by the Planning Page 9 of 44 Director and County Engineer. Department of Transportation approval is also required for encroachments into a State-owned right-of-way. (h) Enhance the Streetscape to Encourage Pedestrian Activity and Biking. (1) The entries of new buildings shall directly access and face the sidewalk. (2) Site planning and building design shall facilitate pedestrian and bicycle access and circulation. (3) On Rice Street, historical and cultural elements should be incorporated into the design of sidewalk paving, crosswalks, artwork and signage. Wayfinding information should also be incorporated into paving designs of sidewalks. (4) Improved crosswalks should be provided where recommended in the Lihu`e Town Core Urban Design Plan of 2009, or other County and State transportation plans. (5) Buildings located at street corners should help define the intersection by locating a portion of the main building at the corner. Parking, loading and service areas shall not be located at the street corner. (i) Architectural Context and Compatibility. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood: (1) A mix of architectural styles, based on local design traditions, is allowed. (2) Contextual design should be used to integrate new buildings into the streetscape and neighborhood. The design of new buildings should demonstrate sensitivity to the historical context and the surrounding natural environment. (3) The adaptive reuse of historic buildings shall be considered. (j) Building Density and Mass. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood: (1) No new building should significantly change the overall scale of the neighborhood. (2) Human-scale elements, such as windows, doors, and ornamentation, should be used to break up large surfaces. Canopies, overhangs, and balconies should be used to help to reduce the vertical emphasis of buildings. Page 10 of 44 (3) Large buildings (with facades greater than 64 feet in width) should be broken down by articulating different volumes, window and column definition, and through varying roof and wall planes. These architectural features should be well-proportioned and related to create a satisfactory composition. (4) Buildings with frontage on public streets, especially Rice Street, should be tightly massed (without large separations between buildings) to maintain fa+ ade continuity. (k) Building Height. (1) Building heights for new structures shall not exceed 50 feet from finished grade to the highest point of the roof. The Director may waive the building height requirement to allow additional height for sloping roofs if it is determined that the overall height will enhance the streetscape. (2) The height and front facade of historic buildings should be preserved. (3) Where taller structures are located adjacent to shorter structures, the contextual scale should be reduced using vertical divisions and stepping the building height or roof lines to provide a transition between the taller structure and shorter structure. (1) Street-level Activity, Building Facades and Fenestration. (1) Blank facades along Rice Street are not permitted. Use of awnings, arcades, large articulated windows, porches, balconies, decks, outdoor seating, and other elements to promote the use of the street front, provide places for social interaction, and give buildings a strong street presence should be considered. (2) Primary entrances to buildings shall be both architecturally and functionally designed to face Rice Street or the main public street. Building entries should be clearly defined, welcoming, and relate to the sidewalk along the street. Doorways may be receded to enhance circulation and may be highlighted through the use of ornamentation, building massing, and change in roof lines. (3) The ground level of buildings, including windows, entrances and architectural details, should offer pedestrian interest along sidewalks and paths. Signage and ornamentation are encouraged. Page 11 of 44 (4) Exterior building materials should have a human scale to help pedestrians relate to the size of the building. (5) Uses that support pedestrian activity, such as retail and food and drinking establishments, should be located on the ground floor of buildings on Rice Street. These uses shall be oriented to the street and have direct access from sidewalks through storefront entries. Areas for outdoor eating and shopping are encouraged. (6) Windows, bays and door openings should be proportioned so that verticals dominate horizontals, except for street-level store-front windows, which may be square. Large openings, such as large areas of glass or porches, should be made up of smaller vertically proportioned elements grouped together to create the desired width. (7) For historic buildings, entrances shall remain in their original location. The Director may grant an exemption from this requirement to allow entrances to be relocated to face the main public street. (8) Canopies, awnings, or similar building projections that provide shade for pedestrians, are required for all new buildings on Rice Street, and should be considered for other buildings fronting a public street. Building projections should be compatible with the scale and character of the building. (m) Roofs. (1) New development shall utilize roof shapes, materials, and colors which are compatible with the existing traditional and historic architectural character of the area. The following roof types are permitted: false front with gable roof, false front with shed roof, false front with flat roof, gabled roofs, hip roofs, hip and gable roofs, and double pitched roofs. With the exception of the false front roof combinations mentioned above, a combination of roof types will be permitted. Flat roofs should have a false front that is appropriately scaled to the neighboring buildings. (2) Aside from false front buildings, new buildings shall have a pitched roof with a minimum pitch of 3:12. (3) Roof colors shall be earth tones. Reflective and shiny surfaces are not permitted, except for renewable energy equipment such as solar panels. The Director may grant an exemption from this requirement for energy-saving and heat mitigation measures if there is no significant adverse impact on nearby properties. (4) The use of more than one type of roof material is not permitted. The Director may grant an exemption from this requirement for energy-saving Page 12 of 44 and heat mitigation measures if there is no significant adverse impact on nearby properties. (5) When historic buildings are renovated, the functional and decorative features of roofs should be retained and preserved. (6) Minimize the visibility of roof-mounted equipment and skylights from public streets and pedestrian connections. Screens shall be consistent with the building's architectural design and finishes. (n) Building Materials and Color. (1) Light earth tones, and other colors commonly found in the Lihu`e Town Core, shall be used for new and existing development. Brighter and darker colors may be used for accents, trim, and architectural features (such as canopies, awnings, and doors) that comprise relatively minor portions of the surface. (2) The colors of all walls and the roof should be compatible, and the color scheme should fit with the contextual character of the surrounding area. (o) Off-street Parking. (1) General Parking Requirements, a. Retail sales and services (grocery stores, drug stores, clothing stores, gift and sundry stores, banks, personal and household services, etc.). One (1) stall per 400 square feet of net floor area. b. Eating and drinking establishments (restaurants, cafes and bars) and personal services (barber shops and beauty salons). One (1) parking space for each 400 square feet of gross floor area. C. Offices and office buildings. One (1) parking space for every 400 square feet of net office space including waiting rooms or other spaces used by the public for the transaction of business or services. d. Churches, sport arenas, auditoriums, theaters, assembly halls. One (1) parking space for each eight (8) seats in principal assembly area. e. Residential Uses. For single-family detached dwellings: two (2) spaces per unit. For multiple-family and single-family attached dwellings: one and one-half (1.5) spaces per unit. For senior living and group care home facilities: one (1) space per three (3) units. Page 13 of 44 (2) Shared Parking. a. Where uses and activities are mixed within the same building, project, or development and do not occur simultaneously (i.e. offices on the ground floor open during daytime hours and residential units on upper floors), parking spaces may be shared. Parking counts shall be determined by the use with the largest parking requirement. (3) Parking Bonus. a. The Director may allow a reduction in the parking requirement for commercial uses to one (1) space for every 550 square feet for properties that comply with all of the requirements and guidelines established in this :rficle. b. If bicycle parking or storage is provided for any use, the total number of required vehicle parking spaces shall be reduced by 1 parking space for every 5 bicycle parking spaces or storage units provided. C. The Director may allow a reduction in the parking requirements for commercial uses and multi-family dwellings if a bus or transit stop with a pullout area is provided and built to County Transportation Agency standards (subject to County Transportation Agency approval). The parking requirements shall be one (1) space per 550 square feet of net floor area or net office area for commercial uses and one (1) space per unit for multiple family dwellings. (4) Design of Off-street Parking Facilities. a. Off-street parking areas shall be located in the rear of properties and screened from view. b. Parking lots with five (5) or more spaces should be landscaped with a minimum five (5) foot wide landscape strip adjacent to any adjoining public right-of-way. The landscape strip should be planted with a continuous screening hedge that is at least 42 inches high. C. Parking lots with more than ten (10) parking spaces require one (1) canopy tree for every ten (10) stalls. Installed trees should be a minimum 25-gallon size. The tree well or planting area for the tree should be no less than nine (9) square feet in area or a minimum three (3) feet wide in any direction and should be adequately sized for larger canopy trees. For example, monkey pod trees should have a planting strip of at least eight (8) feet. Trees should be sited so as to evenly distribute shade throughout the parking lot. Page 14 of 44 d. Entrances to parking areas on a parcel shall be located away from intersections and where they do not interrupt the street tree pattern. The number of curb cuts shall also be minimized. e. Structured parking shall not dominate the street frontage of a building. Parking decks should be located to the rear of buildings and, where feasible, pedestrian-oriented uses, such as retail and office uses or a fagade that hides the parking, should be incorporated at street level to reduce the visual impact of parking structures along the road. f. Parking structures should incorporate landscaping to enhance the visual character of the structure. g. Vehicular entrances to parking structures should not dominate the street frontage of buildings. (p) Signage. (1) Signage shall comply with the County's Outdoor Sign Ordinance (KCC §15-4). (2) Permitted signs include signs mounted flat against a building fagade, a projecting sign, or hanging sign. (3) The design of signs should be compatible with the architectural style of the building and not dominate the fagade. (4) The name and address of buildings should be clearly visible from the street. (5) Signs shall be graphically simple and present an appropriate level of detail. (6) Sign material shall be non-reflective metal or wood, upon which the design shall be carved, sandblasted, or painted. (7) Flashing, rotating, inflatable, and interior-lit fluorescent plastic signs are not permitted. Signs shall not be located on the roof Sign lighting should be indirect. (8) Views into storefront windows shall not be obstructed by oversized product advertisement signage or posters. (9) Maximum gross area of a sign on a fagade shall not exceed ten (10) percent of the fagade area. Page 15 of 44 (10) Projecting signs shall maintain a minimum clear height of eight (8) feet above sidewalks and not extend beyond the roof, overhang, or awning. (q) Walls and Fences. (1) Walls and fences fronting a public right-of-way shall have a maximum height of three (3) feet. Fence post caps, finials and pillars may be up to six (6) inches taller. Walls and fences should be compatible with the architecture of the building and the overall style of the area. Chain link fences and unfinished concrete masonry use walls are not permitted along lot frontage, adjacent to public open spaces, or where it is readily visible to the public. (r) Outdoor Lighting. (1) Light fixtures shall be appropriately scaled with full-cutoff shielded lights directed downward. (2) In public gathering areas, appropriate lower level lighting shall be placed near seating areas, crosswalks, driveways, water features, landscaped amenities, and pedestrian pathways. (3) Light posts with attachments for hanging banners should be considered if existing lighting fixtures are replaced. (s) Utilities and Screening Utility Equipment. (1) All utilities, including power lines, cable and telephone lines should be placed in conduits underground. Existing overhead lines should be relocated underground. (2) Utility equipment, such as utility boxes and meters, shall be located, sized and designed to be as inconspicuous as possible, but also in conformance with applicable electric and utility standards, rules, and codes. (3) Electrical transformers shall be screened with either plant material or a wall to help conceal them from public view. (t) Screening Loading .Areas. (1) Loading and unloading areas and outdoor storage/service areas shall be screened from view through the use of building mass, freestanding walls or fences, and/or landscaping. Screening materials should match adjacent buildings. (2) Dumpsters shall be screened on at least three sides by an opaque fence or wall of sufficient height to block views of the containers. Plant material Page 16 of 44 and/or earth berms should be used for the general screening of trash collection areas from views of main roads, sidewalks and building entrances. (3) Avoid locating service and loading areas adjacent to residential areas, outdoor eating and gathering areas to minimize noise impacts from delivery and trash trucks. (u) Nawiliwili Gulch. (1) Development along the edge of Nawiliwili Gulch should not undermine soil stability. Shore up the foundation of existing buildings. Strategies to reduce and mitigate runoff, such as rainwater catchment systems, should be considered. Sec. 10-5A. Special Planning Area "E" ("SPA E"), also known as the "Kuhio Highway Neighborhood Mixed Use- Commercial Emphasis Design District Overlay"- Uses, Standards and Guidelines. The following exceptions, modifications and additions to the provisions of Chapter 8 and Chapter 10 of the Kauai County Code shall apply to development within SPA-E also known as the "Kuhie Highway Neighborhood Mixed Use- Commercial Emphasis Design District Overlay." This Section shall supersede any conflicting provisions in Chapter 8 and Chapter 10 of the Kauai County Code enacted before the enactment of this Article. (a) Generally Permitted Uses and Structures in SPA-E. (1) Accessory uses and structures (2) Art galleries and sales (3) Churches and temples (4) Clubs, lodges and community centers (private) (5) Commercial indoor amusement and recreation facilities (6) Convenience store and neighborhood grocery stores with a 20,000- square foot building footprint or smaller (7) Home businesses (8) Hotels and motels not to exceed RR-10 density (9) Household services (10) Light manufacturing, such as handicrafts and garment fabrication (11) Minor food processing, such as cracked seeds, jellies, candies and ice cream with a 20,000-square foot building footprint or smaller (12) Museums, libraries and public services (13) Offices and professional buildings (14) Parking garages/structures (15) Personal services, such as barber and beauty shops, salons, Laundromats, shoe repair shops, etc. (16) Public offices and buildings (17) Public parks and monuments Page 17 of 44 (18) Restaurants and food services (19) Retail sales and shops with a 20,000 square foot building footprint or less (20) Multiple-family dwellings not to exceed R-20 density (21) Single-family dwellings (22) Schools and daycare centers (b) Uses and structures that require a use permit in SPA-E. (1) Adult family boarding, group living and care homes (2) Animal hospital (3) Automobile repair, storage and gasoline sales (4) Bars, Nightclubs, and Cabarets (5) Botanical and zoological gardens (6) Communications facilities (7) Construction materials and storage (8) Convenience stores and neighborhood grocery stores over a 20,000 square foot building footprint (9) Food processing and packaging (other than what is permitted above) (10) Hotels and motels not to exceed RR-20 (11) Light manufacturing (other than what is permitted above) (12) Outdoor private amusement and recreational facilities (13) Public and private utilities and facilities (14) Research and development (including laboratory/medical research) (15) Retail sales over a 20,000-square foot building footprint (16) Warehouse, self-storage facilities (17) Any other use or structure which the Planning Director finds to be similar in nature to those listed in this section and appropriate to the district. (c) Setback and Build-to Line Requirements, K.uh16 Highway. The following setbacks and build-to requirements apply only to the portion of Kuhio Highway located within SPA-E. (1) Front Yards. a. For the makai side of Kuhio Highway, new buildings shall be built up to a twelve (12) foot build-to line from the edge of the curb. b. For the mauka side of Kuhio Highway, new buildings shall be built up to a twenty (20) foot build-to line from the edge of the curb. C. The Director may grant an exemption from the build-to line requirement to allow for variation in the streetscape, provided the setback enhances the pedestrian nature of the streetscape and does not exceed a total of 30 percent of the frontage along Kuhio Highway. Examples Page 18 of 44 include provisions for landscaping, wider sidewalks, plaza areas and outdoor eating and seating areas. d. Because the existing right-of-way fronting each property varies, all new buildings shall ensure that a continuous width of at least twelve (12) feet (from the street side edge of the sidewalk curb to the building facade, inclusive of tree wells) is provided on the south side of Kuhib Highway and a similar sidewalk of at least twenty (20) feet shall be provided on the mauka side of Kuhio Highway. Where buildings are set back from the build-to line, these areas shall be paved for ADA accessibility to meet with the sidewalk paving or shall be landscaped and serve a function that promotes pedestrian activity along the street front. e. Easements shall be granted in favor of the County over private property where necessary to maintain a consistent streetscape. The County will be responsible for the installation and maintenance of sidewalks and tree wells provided within the right-of-way easements. Adjacent landowners are encouraged to work with the County if patterned or special paving materials are desired. (2) Side Yards: a. Side yard setbacks are not required for buildings on Kuhio Highway, except where the side yard abuts a public street or a lot in a zoning district which requires a side yard setback. In such cases, the setback shall be equal to the minimum required for the adjoining or underlying zoning district. New development shall locate buildings at the minimum side yard setback, except in the following instances: i. Where access to on-site parking at the rear of the building is necessary; or ii. Where setback area is desired (i.e. for parking or outdoor seating) then the side yard setback along the first fifteen (15) feet of building depth shall be at the minimum setback. The remainder of either side yard shall be increased for the desired use. (3) Rear Yards: No minimum rear yard setback is required for properties, except where the rear lot abuts a residential property. In this case, the minimum yard setback shall be five (5) feet. (d) Encroachment (for build-to lines and setbacks). (1) Canopies, awnings, overhangs, balconies, eaves, signage, and similar permitted elements may encroach into the required right-of-way over the sidewalk, provided that the projection does not intrude into the street travelway Page 19 of 44 or block ADA-accessible sidewalks and meets applicable ground clearance standards. (2) Retail uses, such as sidewalk cafes and outdoor shopping areas, and temporary retail uses, such as sandwich boards and outdoor shopping displays, which "spill-out" onto the sidewalk are permitted, subject to approval by the Planning Director and County Engineer. Department of Transportation approval is also required for encroachments into a State-owned right-of-way. (3) Outdoor eating and gathering areas located within the roadway interface zone should be buffered from moving cars through the use of bollards, planters, landscaping, decorative fencing or similar measures. All buffers that encroach into a public right-of-way are subject to approval by the Planning Director and County Engineer. Department of Transportation approval is also required for encroachments into a State-owned right-of-way. (e) Enhance the Streetscape to Encourage Pedestrian Activity and Biking (1) The entries of new buildings shall directly access and face the sidewalk. (2) Site planning and building design shall facilitate pedestrian and bicycle access and circulation. (3) On Kuhio Highway, historical and cultural elements should be incorporated into the design of sidewalk paving, crosswalks, artwork and signage. Wayfinding information should also be incorporated into paving designs. (4) Improved crosswalks should be provided where recommended in the Uihu`e Town Core Urban Design Plan, or other County and State transportation plans. (5) Buildings located at street corners should help define the intersection by locating a portion of the main building at the corner. Parking, loading and service areas shall not be located at the street corner. (f) Architectural Context and Compatibility. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood: (1) A mix of architectural styles, based on local design traditions, is allowed. (2) Contextual design should be used to integrate new buildings into the streetscape and neighborhood. The design of new buildings should Page 20 of 44 demonstrate sensitivity to the historical context and surrounding natural conditions. (3) The adaptive reuse of historic buildings shall be considered. (g) Building Density and Mass. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood: (1) No new building should significantly change the overall scale of the neighborhood. (2) Building facades for mixed-use and commercial buildings should employ the classic tri-part layering with a base, body, and roof for each building. At the base, the building should be pedestrian scaled, friendly, and inviting. The body should express the building's function and the roof should create an interesting line. Taller buildings should be created by adding height in the middle tier. (3) Human-scale elements, such as windows, doors, and ornamentation should be used to break up large surfaces. Canopies, overhangs, and balconies should be used to help to reduce the vertical emphasis of buildings. (4) Large buildings (with facades greater than 64 feet in width) should be broken down by articulating different volumes, window and column definition, and through varying roof and wall planes. These architectural features should be well-proportioned and related to create a satisfactory composition. (h) Building Height. (1) Building heights for new structures shall not exceed 50 feet from finished grade to the highest point of the roof. The Director may waive the building height requirement to allow additional height for sloping roofs, if it is determined that the overall building height will enhance the streetscape. (2) The height and front fagade of historic buildings should be preserved. (3) Where taller structures are located adjacent to shorter structures the contextual scale should be reduced using vertical divisions and stepping the building height or roof lines to provide a transition between the taller structure and shorter structure. (i) Street-level Activity, Building Facades and Fenestration. Page 21 of 44 (1) Blank facades along Kuhio Highway are not permitted. Use of awnings, arcades, large articulated windows, porches, balconies, decks, outdoor seating and other elements to promote the use of the street front, provide places for social interaction, and give buildings a strong street presence should be considered. (2) Primary entrances to buildings shall be both architecturally and functionally designed to face Kuhio Highway or the main public street. Building entries should be clearly defined, welcoming, and relate to the sidewalk along the street. Doorways may be recessed to enhance circulation and highlighted through the use of ornamentation, building massing, and change in roof lines. (3) Exterior building materials should have a human scale to help pedestrians relate to the size of the building. (4) Uses that support pedestrian activity, such as retail and food and drinking establishments, should be located on the ground floor of buildings on Kuhio Highway. These uses shall be oriented to the street and have direct access from sidewalks through storefront entries. Areas for outdoor eating and shopping are encouraged. (5) Buildings located at street corners should be designed to address the corner and engage the interest of drivers, pedestrians and bicyclists at the intersection. (6) Windows, bays and door openings should be proportioned so that verticals dominate horizontals, except for street level store front windows, which may be square. Large openings, such as large areas of glass or porches, should be made up of smaller vertically proportioned elements grouped together to create the desired width. (7) For historic buildings, entrances shall remain in their original location. The Director may grant an exemption from this requirement to allow entrances to be relocated to face the main public street. (8) Canopies, awnings, or similar building projections that provide shade for pedestrians, are required for all new buildings on Kuhio Highway, and should be considered for other buildings fronting a public street. Building projections should be compatible with the scale and character of the building. 0) Roofs. (1) New development or major renovation shall utilize roof shapes, materials, and colors which are compatible with the existing traditional and historic architectural character of the area. The following roof types are permitted: false front with gable roof, false front with shed roof, false front with Page 22 of 44 flat roof, gabled roofs, hip roofs, hip and gable roofs, and double pitched roofs. With the exception of the false front roof combinations mentioned above, a combination of roof types will be permitted. Flat roofs should have a false front that is appropriately scaled to the neighboring buildings. (2) Aside from false front buildings, new buildings shall have a pitched roof with a minimum pitch of 3:12. (3) Roof colors shall be earth tones. Reflective and shiny surfaces are not permitted, except for renewable energy equipment such as solar panels. The Director may grant an exemption from this requirement for energy-saving and heat mitigation measures if there is no significant adverse impact on nearby properties. (4) The use of more than one type of roof material is not permitted. The Director may grant an exemption from this requirement for energy-saving and heat mitigation measures if there is no significant adverse impact on nearby properties. (5) Roofs on historic buildings should be preserved or restored. When existing historic buildings are renovated, the functional and decorative features of the roof should be retained and preserved. (6) Minimize the visibility of roof-mounted equipment and skylights from public streets and pedestrian connections. Screens shall be consistent with the building architectural design and finishes. (k) Building Materials and Color. (1) Light earth tones, and other colors commonly found in the Lihu`e Town Core, shall be used for new and existing development. Brighter and darker colors may be used for accents, trim, and architectural features (such as canopies, awnings, and doors) that comprise relatively minor portions of the surface. (2) The colors of all walls and the roof should be compatible, and the color scheme should fit with the contextual character of the surrounding area. (1) Off-street Parking. (1) General Parking Requirements. a. Retail sales and services (grocery stores, drug stores, clothing stores, gift and sundry stores, banks, personal and household services, etc.). One (1) space per 400 square feet of net floor area. Page 23 of 44 b. Eating and drinking establishments (restaurants, cafes and bars) and personal services (barber shops and beauty salons). One (1) parking space for each 400 square feet of gross floor area. C. Offices and office buildings. One (1) parking space for every 400 square feet of net office space including waiting rooms or other spaces used by the public for the transaction of business or services. d. Churches, sport arenas, auditoriums, theaters, assembly halls. One (1) parking space for each eight (8) seats in principal assembly area. e. Residential Uses. For single-family detached dwellings: two (2) spaces per unit. For multiple-family and single-family attached dwellings: one and one-half (1.5) spaces per unit. For senior living and group care home facilities: one (1) space per three (3) units. (2) Shared Parking. Where uses and activities are mixed within the same building, project, or development and do not occur simultaneously (i.e. offices on the ground floor open during daytime hours and residential units on upper floors), parking spaces may be shared. Parking counts shall be determined by the use with the largest parking requirement. (3) Parking Bonus. a. The Director may allow a reduction in the parking requirement for commercial uses to one (1) space for every 550 square feet for properties that comply with all of the requirements and guidelines established in this Article. b. If bicycle parking or storage is provided for any use, the total number of required vehicle parking spaces shall be reduced by 1 parking space for every 5 bicycle parking spaces or storage units provided. C. The Director may allow a reduction in the parking requirement for commercial uses and multi-family dwellings if a bus or transit stop with a pullout area is provided and built to County Transportation Agency standards (subject to County Transportation Agency approval), the parking requirement shall be one (1) space per 550 square feet of net floor area or net office area for commercial uses and one (1) space per unit for multiple family dwellings. (4) Design of Off-street Parking Facilities. a. Off-street parking areas shall be located in the rear of properties and screened from view. Page 24 of 44 b. Parking lots with five (5) or more spaces should be landscaped with a minimum five (5) foot wide landscape strip adjacent to any adjoining public right-of-way. The landscape strip should be planted with a continuous screening hedge of at least 42 inches high. C. Parking lots with more than ten (10) parking spaces require one (1) canopy tree for every ten (10) spaces. Installed trees should be a minimum 25-gallon size. The tree well or planting area for the tree should be no less than nine (9) square feet in area or a minimum three (3) feet wide in any direction and should be adequately sized for larger canopy trees. For example, monkey pod trees should have a planting strip of at least eight (8) feet. Trees should be sited to evenly distribute shade throughout the parking lot. d. Entrances to parking areas on a parcel shall be located away from intersections and where they do not interrupt the street tree pattern. The number of curb cuts shall also be minimized. e. Structured parking shall not dominate the street frontage of a building. The parking decks should be located to the rear of buildings and where feasible, pedestrian-oriented uses, such as retail and office uses, or a facade that hides the parking, should be incorporated at street level to reduce the visual impact of parking structures along the road. f. Parking structures should incorporate landscaping to enhance the visual character of the structure. g. Vehicular entrances to parking structures should not dominate the street frontage of buildings. (m) Signage. (1) Signage shall comply with the County's Outdoor Sign Ordinance (KCC 15-4). (2) Permitted signs include signs mounted flat against a building facade, a projecting sign, or hanging sign. (3) The design of signs should be compatible with the architectural style of the building and not dominate the facade. (4) Where multiple business inhabit a building along Kuhio Highway, a business directory shall be provided and contain information on business establishment names and locations, pedestrian linkages and historic buildings. The directory should be compatible with street furnishings located nearby. Page 25 of 44 (5) The name and address of buildings should be clearly visible from the street. (6) Signs shall be graphically simple and present an appropriate level of detail. (7) Sign material shall be non-reflective metal or wood, upon which the design shall be carved, sandblasted, or painted. (8) Flashing, rotating, inflatable, and interior-lit fluorescent plastic signs are not permitted. Signs shall not be located on the roof. Sign lighting should be indirect. (9) Views into storefront windows shall not be obstructed by oversized product advertisement signage or posters. (10) Maximum gross area of a sign on a facade shall not exceed ten (10) percent of the facade area. (11) Projecting signs shall maintain a minimum clear height of eight (8) feet above sidewalks and not extend beyond the roof, overhang, or awning. (n) Walls and Fences. (1) Walls and fences fronting a public right-of-way shall have a maximum height of three (3) feet. Fence post caps, finials and pillars may be up to six (6) inches taller. Walls and fences should be compatible with the architecture of the building and the overall style of the area. Chain link fences and unfinished concrete masonry unit walls are not permitted along lot frontage, adjacent to public open spaces, or where it is readily visible to the public. (o) Outdoor Lighting. (1) In parking areas, light fixtures should be scaled to the pedestrian as well as the automobile with fully-shielded lights directed downward. The recommended height for light fixtures is no more than thirty (30) feet. Pedestrian-scaled light fixtures shall create a uniform illumination level for security without harsh light or glare. (2) Accent lighting for water features, landscaping, pedestrian pathways, and other amenities shall be directed downward and fully-sluelded. (3) Floodlighting of buildings is prohibited. (p) Utilities and Screening Utility Equipment. Page 26 of 44 (1) All utilities, including power lines, cable and telephone lines, should be placed in conduits underground. Existing overhead lines should be relocated underground. (2) Utility equipment, such as utility boxes and meters, shall be located, sized and designed to be as inconspicuous as possible, but also in conformance with applicable electric and utility standards, rules, and codes. (3) Electrical transformers shall be screened with either plant material or a wall to help conceal them from public view. (q) Screening Loading Areas (1) Loading and unloading areas and outdoor storage and service areas shall be screened from view through the use of building mass, freestanding walls or fences, and/or landscaping. Screening materials should match adjacent buildings. (2) Dumpsters shall be screened on at least three sides by an opaque fence or wall of sufficient height to block views of the containers. Plant material and/or earth berms should be used for general screening of the trash collection areas from views of main roads, sidewalks and building entrances. (3) Avoid locating service and loading areas adjacent to residential areas, outdoor eating and gathering areas to minimize noise impacts from delivery and trash trucks. Sec. 14-5A.9 Special Planning Area "F" ("SPA-F"), also known as the "`Akahi, `Elua and `Uxni Streets Neighborhood Design District"- Uses, Standards and Guidelines. The following exceptions, modifications and additions to the provisions of Chapter 8 and Chapter 10 of the Kauai County Code shall only apply to development SPA-F also known as the "`Akahi, `Elua and `Umi Streets Neighborhood Design District." This Section shall supersede any conflicting provisions in Chapter 8 and Chapter 10 of the Kauai County Code enacted before the enactment of this Article. All the following uses, standards and guidelines shall only apply to development located on `Akahi and `Elua Streets within SPA-F: (a) Generally Permitted Uses and Structures within SPA-F. (1) Accessory uses and structures (2) Art galleries and sales (3) Churches and temples (4) Clubs, lodges and community centers (private) Page 27 of 44 (5) Commercial indoor amusement and recreation facilities (6) Convenience store and neighborhood grocery stores under 10,000- square feet of building footprint for `Akahi Street only. (7) Home businesses (8) Household services (9) Light manufacturing, such as handicrafts and garment fabrication (10) Minor food processing, such as cracked seeds, jellies, candies and ice cream under a 10,000-square foot building (11) Museums, libraries and public services (12) Offices and professional buildings (13) Parking garages/structures (14) Personal services, such as barber and beauty shops, salons, laundromats, shoe repair shops, etc. (15) Public offices and buildings (16) Public parks and monuments (17) Restaurants and food services (18) Retail sales and shops: Under 1,000 square feet of net area; or under a 10,000 square foot building footprint or less for `Akahi Street only (19) Multiple-family dwellings not to exceed R-10 density (20) Single-family dwellings (21) Schools and daycare centers (b) The following uses require a use permit. (1) Adult family boarding, group living and care homes (2) Animal hospital (3) Communications facilities (4) Convenience stores and neighborhood grocery stores over 10,000 square feet but under 20,000 square feet of building footprint for `Akahi Street. (5) Convenience stores and neighborhood grocery stores under 10,000 square feet of building footprint for `Elua Street. (6) Hotels and motels not to exceed RR-10 density (7) Public and private utilities and facilities (8) Research and development (including laboratory/medical research) (9) Retail sales and shops: (10) For `Elua Street, up to a 10,000-square foot building footprint a. For `Akahi Street, up to a 20,000-square foot building footprint b. Multiple-family dwellings, not to exceed R-20 density (11) Any other use or structure which the Planning Director finds to be similar in nature to those listed in this section and appropriate to the district. (c) Setback requirements. Page 28 of 44 (1) Front Yards. The minimum front yards setback for all structures is twenty-five (25) feet. (2) Side Yards. The minimum side yard setback is five (5) feet for one- story buildings and ten (10) feet for two-story buildings or half the height of the tallest exterior wall plate. (3) Rear Yards. The minimum rear yard setback is ten (10) feet. (d) Encroachment. (1) For primary buildings with a minimum front yard setback of twenty-five (25) feet, inhabitable projections (such as porches, balconies, and decks) may encroach into the required front setback up to a maximum of six (6) feet. (2) Eaves may extend an additional three (3) feet within the six (6) foot encroachment that is permitted for porches, balconies and decks. (3) Projections such as porches, balconies and decks, including eaves, may encroach into the required rear yard setback up to a maximum of four (4) feet. (e) Enhance the Streetscape to Encourage Pedestrian Activity. The following shall apply to all new development within SPA-F. (1) The design of new sidewalks, tree wells, and on-street parking shall be consistent with Sections 4.2 and 4.65 of the Lihue Town Core Urban Design Plan of 2009. (2) Pedestrian connections to Kuhi6 Highway from `Akahi Street should be provided as shown in the Pedestrian Circulation Plan of the Lihu`e Town Core Urban Design Plan of 2009. These pedestrian easements shall be at least ten (10) feet in width with a five (5) foot paved path and shall be lighted and landscaped with good visibility. (3) Site planning and building design shall facilitate pedestrian and bicycle access and circulation. (4) Creative designs, wayfinding tools, and historical elements should be incorporated into the sidewalk and crosswalk paving. (f) Architectural Context and Compatibility. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood: Page 29 of 44 (1) The adaptive re-use of the historic cottage-style buildings is preferred over the demolition and construction of a new building. (2) Architectural styles should focus on preserving and reinforcing the small-scale, plantation-style cottage house characteristics of the existing 1930s to 1940s houses on `Akahi and `Elua Streets. Buildings are typically single-story wooden structures elevated on pier and post supports. The support structure is screened with stone or wooden slats, and features a lattice design. Front entries are typically stepped up but variations or secondary entries may be used to allow for ADA accessibility. (g) Building Density and Mass. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood: (1) New development should respect and maintain the building mass and design of existing small-scale plantation-style cottage houses that have architectural elements such as front porches, bays, and rear, detached garages. Multiple smaller buildings are preferred over one massive structure. (2) Human-scale elements, such as windows, doors, and ornamentation, should be used to break up large surfaces. (3) Minimize large volumes through the use of varying roof and wall planes and canopies and balconies to reduce the vertical emphasis of buildings (h) Building Height. (1) Building heights for new structures shall not be more than two (2) stories in height or exceed thirty (30) feet from finished grade to the highest point on the roof. The Director may grant an exemption from the building height requirement to allow additional height for sloping roofs, if the overall building height will relate to the surrounding neighborhood. It is preferable to locate one- story structures closer to the public street and step taller, two-story structures towards the back of the lot. (2) Secondary detached structures, such as garages, will be permitted and shall have a height of ten (10) feet. Additional height may be allowed for a sloping roof, subject to approval of the Planning Director. Additional dwelling units shall be located at the back of the lot with the main building taking prominence at the front of the lot. (3) The height and front facade of historic buildings should be preserved. (4) The height and the scale of new buildings or major renovations should be compatible with adjacent residences. Page 30 of 44 (i) Building Materials, Facades and Fenestration. (1) Blank facades along public streets are not permitted. The design of facades should be compatible with the historic 1934-40s residences and the traditional small town residential character of Lihu`e with regard to scale, detailing, and materials. (2) Primary entrances and porches should be designed with the residential scale and architectural style of the neighborhood. They should be designed and incorporated into the front facade of the building and connect to sidewalks. Front entries are typically stepped but may include ramps for ADA accessibility. (3) Doors at the main entry should be single or French (double) doors with half to full glazing. Sidelights are also acceptable. (4) Windows should be double or single-hung and may have articulated panes/grilles. Windows should be oriented vertically and paired or tripled to scale appropriately with the size of the wall. (5) Exterior wall materials shall consist of wood (or materials that are manufactured to look like wood) and may include stone detailing at the foundations or entry. Wood siding shall be painted and mounted consistently in a horizontal or vertical direction and detailed with trim and accents to create interest. (6) For historic buildings, original building materials shall not be covered up with finish materials that mask the original building material or that will significantly alter the appearance or character of the historic buildings. {j) Roofs. (1) Roofs on historic buildings should be preserved or restored. (2) New development or major renovations shall utilize roof shapes, materials, and colors which are compatible with the existing traditional and historic architectural character of the area. The following roof types are permitted: hip roofs, gables roofs, and double-pitched hip roofs (Dikey roofs). A combination of roof types is permitted. Minimum pitch shall be 3:12. (3) Roof colors shall be earth tones. Reflective and shiny surfaces are not permitted, except for renewable energy equipment such as solar panels. The Director may grant an exemption from this requirement for energy-saving and heat mitigation measures if there is no significant adverse impact on nearby properties. Page 31 of 44 (4) Minimize the visibility of roof-mounted equipment and skylights from public streets and pedestrian connections. (k) Building Color. Light earth tones, and other colors commonly found in the Lihu`e Town Core, shall be used for new and existing development. Brighter and darker colors may be used for accents, trim, and architectural features (such as canopies, awnings, and doors) that comprise relatively minor portions of the surface. (1) Off-street Parking. (1) General Parking Requirements: a. Commercial Uses (offices, retail sales and services). One (1) space per 440 square feet of net floor area. b. Residential Uses. Two (2) spaces per single-family dwelling unit. For multiple-family and single-family attached dwellings: one and one-half (1.5) spaces per unit. One (1) space for granny flats and additional dwelling units with two (2) bedrooms or less. (2) Shared Parking. For commercial/residential mixed use buildings, shared parking will be permitted, with the offices, retail sales and services portion of the building requiring one (1) stall per 400 square feet of gross floor area occupied, and one (1) space per dwelling unit for the residential portion of the building. (3) Parking Bonus: a. The Director may allow a reduction in the parking requirement for commercial uses to one (1) space for every 550 square feet for properties that comply with all of the requirements and guidelines established in this Article. b. If bicycle parking or storage is provided for any use, the total number of required vehicle parking spaces shall be reduced by 1 parking space for every 5 bicycle parking spaces or storage units provided. C. The Director may allow a reduction in the parking requirement for commercial uses and multi-family dwellings if a bus or transit stop with a pullout area is provided and built to County Transportation Agency standards (subject to County Transportation Agency approval). The parking requirements shall be one (1) space per 550 square feet of net floor area or net office area for commercial uses and one (1) space per unit for multiple family dwellings. Page 32 of 44 (m) Design of Off-street Parking Facilities. (1) Off'-street parking areas shall be located in the rear of properties. If located on the side yard of a property, they shall be screened from view to the maximum extent feasible. Parking in front yards is highly discouraged but may be allowed for overflow parking. Regular parking areas should not be located along the public street. (2) Parking lots with five (5) or more spaces should be landscaped with a minimum five (5) foot wide landscape strip adjacent to any adjoining public right-of-way. The landscape strip should be planted with continuous screening hedge of at least 42 inches high. (3) Parking lots with more than ten (10) parking stalls shall require one (1) canopy tree for every ten (10) stalls. Installed trees should be a minimum 25-gallon size. The tree well or planting area for the tree should be no less than nine (0) square feet in area or a minimum three (3) feet wide in any direction and should be adequately sized for larger canopy trees. For example, monkey pod trees should have a planting strip of at least eight feet. Trees should be sited so as to evenly distribute shade throughout the parking lot. (n) Signage. (1) Signage in this neighborhood shall be compatible with the residential character of the streetscape and comply with the County's Outdoor Sign Ordinance (KCC 15-4). (2) Signs shall hang at entryways or be mounted flat against the front of the building fagade. Small roadside signs are permitted on mailbox posts or mounted separately so long as they do not obstruct pedestrian paths or vehicle access. (3) The design of signs should be compatible with the architectural style of the building and not dominate the fagade, (4) Signs shall be graphically simple and present an appropriate level of detail. (5) Sign material shall be wood (or a wood substitute), upon which the design shall be carved, sandblasted, or painted. Other sign materials (such as neon) are not permitted. (6) Flashing, rotating, inflatable, or lighted signs are not permitted. Sign colors shall be compatible with building color. Page 33 of 44 (7) Views into windows shall not be obstructed by oversized produce advertisement signage or posters. (8) Maximize gross area of a sign on a facade shall not exceed five (5) percent of the front fagade area. (o) Walls, Hedges and Front-yard Landscaping. (1) Low hedges and garden walls are recommended for front yards along `Akahi and `Elua Streets. Hedges are preferred over walls for `Elua Street. (2) Existing hedges should be maintained. New hedges and garden walls along the front property boundary shall have a maximum height of three (3) feet. Corners and support posts/pillars may be six (6) inches taller. (3) Wall material shall be of natural materials (such as stone or wood) without abrupt material changes on the same wall. (4) Chain link fences are not allowed along lot frontage, adjacent to public open spaces, or where it is readily visible to the public. (p) Outdoor Lighting. (1) Excessive outdoor lighting and floodlighting is not permitted. Only areas that need to be lit for safety purposes should have outdoor lighting. If businesses so not remain open after dark, general outdoor lighting should not be provided. (2) If outdoor lighting is required, fixtures should be scaled to the pedestrian with fully-shielded lights that are directed downward to minimize impact to Kaua`i's shearwaters and other native birds. Outdoor lights should be on a timer or have light sensors and have automatic shut-off capabilities for the hours between 10:00 PM and 5:00 AM. (q) Utilities and Screening Utility Equipment. (1) All utilities, including power lines, cable and telephone lines should be placed in conduits underground. Existing overhead lines should be relocated underground. (2) Utility equipment, such as utility boxes and meters, shall be located, sized and designed to be as inconspicuous as possible, but also in conformance with applicable electric and utility standards, rules, and codes. (3) Electrical transformers shall be screened with either plant material or a wall to help conceal them from public view. Page 34 of 44 (r) Screening Loading Areas. (1) Loading and unloading areas and outdoor storage/service areas shall be screened from view through the use of building mass, freestanding walls or fences, and/or landscaping. Screening materials should match adjacent buildings. (2) Dumpsters shall be screened on at least three sides by an opaque fence or wall of sufficient height to block views of the containers. Plant material and/or earth berms should be used for general screening of the trash collection areas from views of main roads, sidewalks and building entrances. (3) Avoid locating service and loading areas adjacent to residential areas, outdoor eating and gathering areas to minimize noise impacts from delivery and trash trucks. Sec. 10-5A.10 Special Planning Area "G" ("SPA-G"), also known as the "Lihu`e Civic Center and Community Facilities Neighborhood Design District."- Uses, Standards and Guidelines. The following exceptions, modifications and additions to the provisions of Chapter 8 and Chapter 10 of the Kauai County Code shall apply to development within Special Planning Area "G", also known as the "Lihu`e Civic Center and Community Facilities Neighborhood Design District." This Section shall supersede any conflicting provisions in Chapter 8 and Chapter 10 of the Kauai County Code enacted before the enactment of this Article'. (a) Generally Permitted Uses and Structures in SPA-G. (1) Accessory uses and structures (2) Churches and temples (3) Gymnasiums and recreational facilities (4) Museums, libraries and public services (5) Parking garages and structures (6) Public offices and buildings (7) Public parks and monuments (8) Restaurants and food services under 1,000 square feet of net area. (9) Retail sales under 1,000 square feet of net area. (10) Schools and daycare centers (b) Uses and structures that require a use permit in SPA-G. (1) Clubs, lodges and community centers (private) (2) Communication facilities Page 35 of 44 (3) Convenience stores and neighborhood grocery stores under 10,000 square feet. (4) Outdoor private amusement and recreational facilities. (5) Public and private utilities and facilities (6) Any other use or structure which the Planning Director finds to be similar in nature to those listed in this section and appropriate to the district. (c) Setback Requirements: (1) Front Yards. The minimum side yard setback is ten (10) feet for one-story buildings and fifteen feet for two-story buildings, or half (0.5) the height of the tallest exterior wall plate. (2) Side Yards. The minimum side yard setback is ten (10) feet for one-story buildings and fifteen (15) feet for two-story buildings or half (0.5) the height of the tallest exterior wall plate. (3) Rear Yards. The minimum rear yard setback is ten (10) feet. (d) Encroachment. Building projections (such as eaves) may encroach into the required front, rear and side yard setback up to a maximum depth of four (4) feet. Projections that encroach into the required setbacks shall not be a large or integral part of the overall building mass. (e) Views. Structures should be oriented to minimize intrusion into views of Wai`ale`ale, Ha`upu, and Kalepa. (f) Enhance the Streetscape to Encourage Pedestrian Activity and Biking (1) Site planning and building design shall facilitate pedestrian and bicycle access and circulation throughout the property. An interconnected network of pedestrian pathways should connect with the sidewalks surrounding the Civic Center and Community Facilities Neighborhood and provide pedestrian access to all buildings within the neighborhood. (2) ADA-accessible sidewalks should be provided throughout the area. (3) Trees should be planted along streets, and be consistent with the street tree planting theme in Sections 4.2.6 and 4.6.5 of the Lihu`e Town Core Urban Design Plan of 2009. (4) Improved crosswalks should be provided where recommended in the Lihu`e Town Core Urban Design Plan of 2009, or other County and State transportation plans. Page 36 of 44 (5) The design of the pedestrian circulation system should strive to create a sequence of events and an interconnection of "places", rather than be simply a means to get from one building to another. (6) Pedestrian pathways should be designed to visually communicate their role within the pedestrian network. For example, primary paths should be distinguished from secondary paths. (7) Adequate widths should be provided to handle the expected type and volume of traffic. (3) Pedestrian pathways and open spaces should have amenities such as landscaping, street furniture, benches, bicycle racks, trash receptacles, water fountains, information signagelkiosks, lighting, public art, and civic monuments. Section 4.2.3 of the Lihu`e Town Core Urban Design Plan of 2009 provides more detailed guidelines on suitable amenities for pedestrians. (9) The alignment of pedestrian pathways should capitalize on visual amenities along the route, including views of civic buildings, open spaces, and other significant view elements. (10) Pedestrian security shall be considered in the design of the pedestrian network, through the use of security lighting, and by considering visual control and potential hiding places. (11) Pedestrian pathways should be constructed using durable, non-slip materials. Contrasting and patterned paving materials, including signature designs or motifs, are encouraged. (12) Buildings and open spaces should provide seating opportunities through the use of ledges, steps, corners, and walls, as well as moveable chairs and benches. (g) Plazas, Courtyards and Open Space. (1) Plazas, courtyards and open spaces should create a hierarchy of open spaces and be connected by the pedestrian circulation network. The potential volume of pedestrian activity, including the use of the space as a venue for community events, should also be considered. (2) Plazas, courtyards, and open spaces should provide seating amenities for both employees and visitors of the Civic Center. (3) The design of open spaces should consider the microclimate, including wind intensity, sun angles, precipitation and landscaping. Page 37 of 44 (4) The design of plazas, courtyards, and open spaces should complement the design of adjacent buildings. (5) Public spaces shall meet ADA-accessibility standards. (6) Views of prominent topographical, cultural and landscape features should be considered in the design of open spaces. (7) Plazas, courtyards, and open spaces should be buffered from roads, service areas and parking lots to minimize visual impact, noise and air pollution. (h) Architectural Context and Compatibility. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood: (1) New buildings should be compatible with the existing historic buildings and landmarks within the neighborhood. New architectural styles may be appropriate if scaled and sited to respect the historic buildings, view planes and significant landscaping. (2) The adaptive reuse of historic buildings is encouraged as an effective sustainable building practice. (i) Building Density and Mass. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood: (1) No new building should significantly change the overall scale of buildings in Civic Center, particularly the historic buildings. (2) Civic buildings may be designed to be of a grander scale. However, human-scale elements, such as windows, doors and ornamentation, should be used to break-up large surfaces. (3) Large buildings (with facades greater than 64 feet in width) should be broken down by means of the articulation of separate volumes. These should be well-proportioned and related to create a satisfactory composition. (j) Building Height. (1) Building heights for new structures shall not be more than two (2) stories in height or exceed 30 feet from finished grade to the highest point on the roof. The Director may waive the building height requirement to allow additional height for sloping roofs. (2) The height and front fagade of historic buildings should be preserved. Page 38 of 44 (3) The height and the scale of new buildings should be compatible with adjacent buildings. (k) Street -level activity, Building Facades and Fenestration. (1) Blank facades along public streets are not permitted. (2) The design of facades should be compatible with the historic character of the neighborhood. Facade elements common to the neighborhood include recessed window openings, recessed entries, exposed columns, arcades, balconies, and decorative building elements reinforced by repetition of fenestration and strong horizontal lines expressed by a combination of fenestrations, openings, wall edges and decorations. New development shall be contextual to these elements, incorporating and employing these elements to visually relate new buildings to adjacent facades of historic buildings. (3) Recessed entries, arcades, balconies and windows also serve to define and give importance to major entrances, offer protection from the weather and visually welcome people to the public buildings. Building entries should be clearly defined, welcoming and connect to ADA-accessible sidewalks. (4) Buildings located at street corners should be designed to address the corner, to engage the interest of drivers, pedestrians and bicyclists at the intersection. (5) Use ornamentation, such as building trim, on windows and door openings to enhance a building's design statement with details that add interest to the building. Ornamentation can also help to develop a human scale for the buildings. (1) Roofs. (1) Roofs on historic buildings should be preserved or restored. (2) New buildings may utilize a wide range of roof shapes, materials, and colors given the existing range of traditional and historic architectural character of the area. (3) Roof colors shall be earth tones. Reflective and shiny surfaces are not permitted, except for renewable energy equipment such as solar panels. The Director may grant an exemption from this requirement for energy-saving and heat mitigation measures if there is no significant adverse impact on nearby properties. (4) The use of more than one type of roof material is not permitted. The Director may grant an exemption from this requirement for energy-saving Page 39 of 44 and heat mitigation measures if there is no significant adverse impact on nearby properties. (5) Roof-mounted equipment shall be screened from view in all directions to a distance of 1,000 feet. Screens shall be consistent with the building architectural design and finishes. (m) Building Materials and Color. (1) For historic buildings, original building materials shall not be covered up with finish materials that will significantly alter the building's appearance or character. (2) Building materials shall be in keeping with the historic buildings in the district. A consistent type of finish material shall be used on all walls of a building. Wall finishes shall consist of concrete, stone, or plaster as deemed appropriate contextually. Reflective or opaque glass and glass films are not desirable, since they reduce visual interest and are not in keeping with the character of the Civic Center. (3) Building colors should be selected to harmonize with existing historic building. Colors and surfaces which predominate include white walls, warm earth tones, natural stone and cast concrete. The use of shiny metal or reflective surfaces, including reflective paints and slick, plastic-like surfaces should be avoided. (4) If the use of metal surfaces is required, they should be used minimally with dark, matte finishes. Copper and brass are permitted surfaces for accents, such as gutters and trim. Any glass surfaces should be recessed and clear, or of light tints. (n) Off-street Parking. (1) General Parking Requirements. a. Retail sales and services, eating and drinking establishments (including: restaurants and coffee shops). One (1) parking space for each two hundred (200) square feet of net floor space. b. Offices and office buildings. One (1) parking space for every two hundred (200) square feet of net office space and waiting rooms of other spaces used by the public for the transaction of business or services. C. Churches, sport arenas, auditoriums, theaters, assembly halls. One (1) parking space for each eight (8) seats in principal assembly area. Page 40 of 44 (2) Parking Bonus a. The Director may allow a reduction in the parking requirement for commercial uses to one (1) space for every 550 square feet for properties that comply with all of the requirements and guidelines established in this Article. b. If bicycle parking or storage is provided for any use, the total number of required vehicle parking spaces shall be reduced by 1 parking space for every 5 bicycle parking spaces or storage units provided. C. The Director may allow a reduction in the parking requirement for commercial uses and multi-family dwellings if a bus or transit stop with a pullout area is provided and built to County Transportation Agency standards (subject to County Transportation Agency approval). The parking requirement shall be one (1) space per 550 square feet of net floor area or net office area for commercial uses and one (1) space per unit for multiple family dwellings. (3) Design of Off-street Parking Facilities a. Off-street parking areas shall be located in the rear of properties and screened from view. b. Parking lots with five (5) or more spaces should be landscaped with a minimum (five 5) foot wide landscape strip adjacent to any adjoining public right-of-way. The landscape strip should be planted with a continuous screening hedge of at least 42 inches high. C. Parking lots with more than ten (10) parking spaces require one (1) canopy tree for every ten (10) spaces. Installed trees should be a minimum 25-gallon size. The tree well or planting area for the tree should be no less than nine (9) square feet in area or a minimum three (3) feet wide in any direction and should be adequately sized for larger canopy trees. For example, monkey pod trees should have a planting strip of at least eight (8) feet. Trees should be sited to evenly distribute shade throughout the parking lot. d. Parking structures should not dominate the street frontage. They should be located below grade or in the interior of the lot and be screened from view by: 1) wrapping the structure with inhabitable spaces or a fagade that hides the parking, 2) planting of canopy and tall vertical- form trees, or 3) planters with climbing, or cascading vines or flowering shrubs along parking level railings to soften the appearance of a parking Page 41 of 44 structure. Trellises and planting material should be used to help mitigate the visual impact of rooftop parking. e. Underground parking with street-level landscaping would be an appropriate way to hide parking and mitigating the visual impact of a parking structure and open up more space for public use. f. Entrances to parking areas on a parcel shall be located where they do not interrupt the street tree pattern and where the width and number of curb cuts are minimized. g. Vehicular entrances to parking structures should not dominate the street frontage. (o) Signage. (1) Outdoor signs shall comply with the County's Outdoor Sign Ordinance (KCC § 15-4). (2) The use of a consistent signage style and graphics for all public facilities is encouraged to give this district a coordinated appearance. Signage style should also distinguish it from other non-governmental uses in the district. Special plaques and signage for historic buildings and landmarks should also be unique, consistent and easily recognizable. (3) In developing a consistent signage style and graphics, the design of signs shall consider: 1) historical precedents and elements specific to Lihu`e, 2) appropriate scale of signage for the neighborhood, 3) appropriate locations for signage, 4) compatible signage material, and 5) visibility of the sign from the street. (4) Signs shall be graphically simply and present an appropriate level of detail. (5) Flashing, rotating, inflatable, neon and roof-mounted signs are not permitted. Sign colors should be compatible with building colors and a Lihu`e signature motif or color scheme. Sign lighting shall be indirect, down-lit and fully-shielded. Interior-lit fluorescent signs are not permitted. (p) Walls and Fences. (1) Walls and fences fronting a public right-of-way shall have a maximum height of three (3) feet. Fence post caps, finials and pillars may be up to six (6) inches taller. Page 42 of 44 (2) The design of walls and fences shall be coordinated for the neighborhood. Chain link fences and unfinished concrete masonry walls are not permitted along lot frontage, adjacent to public streets or open spaces, or where it is readily visible to the public. (q) Outdoor Lighting. (1) All lighting fixtures shall be fully-shielded and directed downward. They should create a uniform illumination level for security without harsh light or creating glare. (2) All lighting not needed for safety purposes shall be on a timer with motion sensors and automatic shut-off controls. (3) In parking areas, light fixtures should be scaled to the pedestrian as well as the automobile. (4) In public gathering areas, appropriate lower level lighting shall be placed near seating areas, crosswalks, driveways, water features, landscaped amenities, pedestrian pathways. (5) Floodlighting buildings is prohibited. (r) Utilities and Screening Utility Equipment. (1) All utilities, including power lines, cable and telephone lines should be placed in conduits underground. Existing overhead lines should be relocated underground. (2) Utility equipment shall be located, sued and designed to be as inconspicuous as possible, but also in conformance with applicable electric and utility standards, rules, and codes. (3) Electrical transformers should be screened with either plant material or a wall to help conceal them from public view. (s) Screening Loading Areas. (1) Loading and unloading areas and outdoor storage and service areas shall be screened from view through the use of building mass, garden walls or fences, and/or landscaping. Screening materials should match adjacent buildings. (2) Dumpsters shall be screened on at least three (3) sides by an opaque fence or wall of sufficient height to block views of the containers. Plant Page 43 of 44 material and/or earth berms should be used for general screening of the trash collection areas from views of main roads, sidewalks and building entrances. (3) Avoid locating service and loading areas adjacent to Rice, Hardy and `Umi Streets. If no other location is possible, screen the view of the loading area with a fence or wall fronted with landscaping. Sec. 10-5A.11 Implementation of the Llhu`e Town Core Urban Design Plan. The Planning Department shall develop an outreach program to work with existing community organizations and interested individuals to implement the Lihu`e Town Core Urban Design Plan 2009 and shall report on the progress made towards implementation to the Planning Commission on an annual basis. SECTION 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. SECTION 4. This ordinance shall take effect upon approval." (Material to be deleted is bracketed. New material is underscored.) 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