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HomeMy WebLinkAboutpc02-23-10 KAUAI PLANNING COMMISSION REGULAR MEETING February 23, 2010 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair, Caven Raco, at 9:08 a.m. at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. James Nishida Mr. Herman Texeira Ms. Paula Morikami Mr. Caven Raco Mr. Jan Kimura Mr. Hartwell Blake Ms. Camilla Matsumoto Discussion of the meeting, in effect, ensued: APROVAL OF THE AGENDA Chair Raco: Can we get an approval of the agenda? Mr. Texeira: So moved. Ms. Matsumoto: Second. Chair: All those in favor say aye, motion carries. On motion made Herman Texeira and seconded by Camilla Matsumoto, to approve the agenda, motion carried unanimously voice vote. Chair: Minutes for January 26, 2010, if there are no comments, motion to approve. Mr. Kimura: So moved. Mr. Matsumoto: Second. Chair: All those in favor say aye, no, motion carries. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to approve meeting minutes of the Planning Commission dated 1/26/10, motion carried unanimously by voice vote. GENERAL BUSINESS MATTERS There were no general business matters. COMMUNICATION There were no communications. SUBDIVISION Mr. Nishida: Meeting was called to order, present were myself, Cammie Matsumoto and Jan Kimura. We had new business, tentative subdivision action, S-2010-6, Patrick Ibbs, approved 3-0, final subdivision action for Ed Bettencourt, et. al., approved 3-0, Princeville Prince Golf Course, LLC, approved 2-0, Herbert H. & Barbara S. Nishida and D avid Nakamura, S-2006-18, approved 33-0. Move to approve subdivision committee report. ~3 ~IgIsO®bt2VYbdSSjf3~/ tl~9M P1' ca-ap Co 011 s u,04 Vf fjovl refv~--r 0 9 2010 Ms. Matsumoto: Second. Chair: All those in favor say aye, motion carries. On motion made by James Nishida and seconded by Camilla Matsumoto, to approve Subdivision Committee report, motion carried unanimously by voice vote. UNFINISHED BUSINESS Request to Amend Condition No. 19, sub d), e), f) and h) of Zoning Ordinance PM-2004- 370 and Conditions No. 3 and No. 4 of Zoning Ordinance No. PM-2005-374 relating to the Kukui`ula Workforce Housing proiec6twhich is adjacent to and east of Po'ipu Road on former MCBryde Sugar Company plantation lands, located on Tax Map Key 2-6-4: por. 19, and containing an area of 9.4 acres, more or less = Kukui `ula Development Company (Hawai'i), LLC [Hearing closed 1/26/10.] a. Staff Report pertaining to this matter. Ms. Morikami: Mr. Chair, I will be recusing myself on this agenda item due to a possible conflict of interest. Staff Planner Michael Laureta read staff report and department recommendation (on file). Chair: Are there any questions for the planner before I call the applicant up, seeing none I will call the applicant up. Mr. Tom Shigemoto: For the record my name is Tom Shigemoto representing Kukui`ula Development Company, Hawai'i. With me here is Lindsey Crawford, he is a project manager or project engineer with Kukui`ula. We have had a chance to review the staff report and we really are not here to argue the comments made by the Housing Agency. We understand the Planning Department's position in supporting the Housing Agency's recommendation. However I need to go on record as again, not opposing, we don't want to debate this but go on record explaining that we still feel our request is a valid, reasonable request in that we want to be treated like everybody else based on the current County's Housing policy ordinance which allows a 10 and 20 year buy back period. We don't know where the 25 years came from although the Housing Agency's recommendation mentioned that they are taking Maui's 25 years. But things like this are the reason why the County adopted a Housing policy to begin with because the numbers were just going back and forth with different developers, different developments had different requirements and so the County I guess saw fit to adopt a policy that was consistent to treat everybody fairly. Our request is simply to be allowed to conform to the County's current Housing policy. As I say we are not here to debate, we leave it in your hands and we ask for your consideration of our request, thank you. Chair: Any questions for the applicant, seeing none, I see the Housing Agency out there, are there any questions for Housing? Mr. Texeira: Can Housing come up? Mr. Eugene Jimenez: Good morning Mr. Chairman and members of the Planning Commission, my name is Eugene Jimenez, Housing Director. With me I have Mr. Gary Mackler who is the development coordinator for the County Housing Agency. Mr. Texeira: My question is can the Housing Agency respond to the statement brought forth by... Mr. Jimenez: Yes we can respond and what I would like to say is, I will generalize, for any specific information I will have Gary who has tremendous historical background relative to this issue. I just want to state that these conditions were effectuated between the County and A&B prior to the passage of the Housing ordinance. We are not (inaudible) being in the sense that we believe that we should be consistent however these conditions that were given pursuant to their zoning request predated the ordinance so it should stay there. There was some question about the 25 years and from my understanding it was not following Maui County's Housing Planning Commission Minutes 2 February 23, 2010 Agency's buy back provision but there were some other things in some of the documents that came from Kukui`ula Development relative to employee housing and their tenure as employees which had that 25 year thing. And maybe I can turn it over to Gary to further explain that whole idea so we can clear this issue up. Mr. Gary Mackler: Good morning Commission Chair Raco and Commissioners, Gary Mackler for the record. Just a bit of the background for our recommendation which is a 25 year restriction, first of all it is a policy consideration how you structure a buy back and the term that you use. In our comment letter to the petitioner's request we did highlight for your consideration what other Counties within the State are using, Maui County has the longest restriction by their ordinance which is 25 years, the State of Hawai'i, the City and County of Honolulu, Hawai'i County, all use 10 years. And in the County of Kauai's Housing ordinance, ordinance 860, it is 20 years during the time when units are sold under a price restriction, it is 10 years when units are sold without a restriction and it is 0 when the units are sold on the open market. So we have a different structure from the other jurisdictions statewide. In our recommendation of 25 years it is important to understand that we have an affordable housing agreement which was entered into after Kukui`ula negotiated it's affordable housing conditions in 2004 before the County Council. One of the issues that came up when the affordable housing agreement was being drafted was what happens to a project employee who retires because technically they are no longer an employee and technically they would then not be allowed to remain inside the unit that is intended for employee housing. And we worked with then representative of Kukui`ula, Mike Roberts, quite extensively to address this situation and basically what happened in the agreement was that we came up with a provision that would allow a project employee who works for the project for 25 years or longer to be able to retire and to remain in that home until they deceased and for their surviving spouse to also remain in that home until they are deceased. And then the unit would then be repurchased under the formula that is used in the buy back so there was a 25 year period when somebody could reach retirement and remain in that unit. And when we looked at what kind of restriction would make sense for this project not only for the developer to be able to market the units successfully when they become available for sale but also what is fair to the buyer, more importantly what is fair to the buyer we felt that 25 years would be a reasonable period given the time it takes for somebody to retire and continue to live in the unit to try to bring some consistency to that number. So that at the end of 25 years if you have worked for that project and you have retired you no longer have any restrictions imposed upon you by either the developer or government. So that is really the thinking behind it. That is the rationale behind it. It is not based on Maui County's Policy. Let me be clear about that. Chair: Are there any more questions for the Housing Agency, thank you, is there anybody in the public that would like to testify on this agenda item, seeing none what would the Commission like to do? Ms. Matsumoto: I just have a question of the applicant, A&B. Chair: Tom, you can come back up? Ms. Matsumoto: So just given that information, you are comfortable with that? Mr. Shigemoto: Well obviously the Housing Agency has its reasons for recommending 25 years and it is true, I believe there is in the Housing agreement that we struck with the County that 25 year period to repurchase the unit. And as Gary mentioned it was done prior to the County adopting its Housing policy. It is just that we feel that since the County does have a standard now which is 10 and 20 years, we would just like to be subject to that current Housing policy. And again, just to be treated like everybody else. The time when we agreed to the 90 year buy back, times were a lot different and based on today's economy it is just impossible for us to get a developer if we were going out to get a developer to do the housing for us or even for buyers to qualify for loans now with the 90 year buy back. I don't know if this was on purpose and this is nothing against Gary but he didn't mention what Kaua'i's buy back policy is and I think it is 10 years and I can be corrected if I am wrong but I think it is 10 years as well. So you have the State, Honolulu and the Big Island having 10 and Maui's is 25 so if they wanted to Planning Commission Minutes 3 February 23, 2010 support us they could have easily agreed with the 20 year buy back. But they chose 25 which is their charge, they are in charge of Housing, that is their responsibility so we can't argue with that 25 except what we have put forth in our application is that we simple want to be treated like everybody else. Chair: Are there any other questions for the applicant, any discussion before the motion? Mr. Nishida: Move to receive staff report, item D.1, request to amend condition No. 19, Kukui`ula Development Company, LLC. Mr. Blake: Second. Chair: All those in favor say aye, no, motion carries. On motion made by James Nishida and seconded by Hartwell Blake, to receive staff report, motion carried unanimously by voice vote. Mr. Nishida: Move to approve staff report, item D.1, request to amend condition No. 19, Kukui`ula Development Company, Hawai'i, LLC. Mr. Blake: Second. Chair: Any discussion before we vote, all those in favor say aye, no, motion carries. On motion made by James Nishida and seconded by Hartwell Blake, to approve staff report, motion carried unanimously by voice vote. CONTINUED PUBLIC HEARING There were no continued public hearings. NEW PUBLIC HEARING Use Permit U-2010-8 Variance Permit V-2010-2 and Class IV Zoning Permit Z-IV- 2010-9 to permit the construction and operation of a telecommunication facility that includes a 150 ft high stealth monopine (a monopole designed to look like a pine tree) and associated equipment at a site located on a cane haul road approx. 350 ft north of the cane haul road's intersection with Kaumuali`i Hi hway said intersection is located approx. 0.5 miles west of the Kaumuali`i Highway and Maluhia Road intersection, further identified as Tax Map Key 2-7- 001.005 and affecting a 1,000 sq, ft. portion of a 244.974 acre parcel = Verizon Wireless. [Director's Report received 2/9/10.1 Staff Planner Ka`aina Hull read staff report department recommendation (on file). Chair: Are there any questions for the planner? Mr. Nishida: Ka`aina, on the Verizon Wireless application, the map, T-1, when you are looking at the location, from that intersection further towards Lihu'e, that is all where the tall trees are? Chair: You are asking if the tall trees are is where Kalihiwai Street is? Mr. Nishida: My point was you really cannot see the tower from that side so you are really looking at it from the other side headed towards the West Side from that address, that intersection. Staff. I am actually missing the map in this file. Mr. Nishida: Actually you don't really need the map. Chair: You know off Kaumuali`i Highway, coming from the West Side, would you be able to see it going towards LPhu'e, northbound? Planning Commission Minutes 4 February 23, 2010 Staff: Certain portions of the Highway, you will be able to see it heading towards Lihu'e. Mr. Nishida: And then they have a representation on the Knudsen, the second or fourth one, they have some pictures from the proposed... Staff: That is correct. They have from both the Highway as well as from the Kahili dirt road. Mr. Nishida: So have we ever approved a 150 foot tower? Staff: No. The highest I believe is 120 feet at this point. Chair: How tall? Staff: 120 and that would be the Princeville site and that is not a stealth tree. Mr. Nishida: That one, right in the community it's self, there are trees around it. Mr. Costa: I believe we also approved a 120 foot tower at the Water Department for their (inaudible) system. Mr. Nishida: So the picture that they show with the blue sky in the back... Staff: Are you talking from the Highway or the dirt road? Mr. Nishida: The Highway. Staff: It should be, yes that is correct, you are going to have some silhouetting affect from that particular location but the majority of the location, the Kahili Mountains will be in the background. Mr. Nishida: Whereas the Moloa'a one, you can see it from several different angles. Staff: Exactly. Mr. Nishida: Silhouetted by the sky. Staff: Silhouetted by the sky as well as the ocean and in particular the Moloa'a site differs in that the Highway isn't lined up directly with the facility its self, that is, in direct line of site when you are driving. Chair: Any more questions Ms. Matsumoto: I am also concerned with preserving the view plane. Chair: If there were no more questions for the planner I will call the applicant up. Have you read the recommendation and understand the recommendation? Is there is anything you want to add? Mr. Eric Kaneshiro: Not to the recommendation. I want to give a general overview. My name is Eric Kaneshiro. I am with Verizon Wireless. I would like to thank the Planning Commission for allowing us to make this presentation today. This tower, when we went in we knew 150 feet, even I kind of dropped when we thought about it but it has been in design now for maybe 4 years and what we looked at was, currently what is in the area, Verizon and several of the other companies service the entire Po'ipu/Koloa, Highway, Tree Tunnel, with one site basically on the top of the ridge between Kola. We call it Koloa/Po'ipu. But if you go down Tree Tunnel, if you look to the left on the very top of the mountain you are going to see a tower there of about 100, 120 feet, I think Verizon is at about 100 level. We don't own that tower but that is where we are located and our general thought when we went into this was we wanted to move away from that tower on top of the mountain for a variety of reasons. Planning Commission Minutes 5 February 23, 2010 First off, that one tower covers so much that it cannot cover the area well. Specifically it cannot cover tree tunnels. It does not cover a lot of the Po'ipu area, it does not cover some of the Highway area between Puhi all the way to Kalaheo. When we went into design we looked at it and we said that tower because it sits up on the mountain 100 feet even above the mountain, one site cannot cover everything. There is no alternate site that we can use so what we did in the alternative is Verizon started to look at a plan to take down our site there with several other sites, lower sites in the general communities. We have already received approval to place a site at the Hyatt Regency in Po'ipu, another site at Lawa`i Beach in Po'ipu, these are all on top of buildings that have been approved. This here is the third site that we are looking at and obviously the most difficult because of it's height but when we looked at it we looked at it and said we are already up on the top of a mountain, 100 feet up beyond the mountain and by doing this, number one we can improve service. We made presentations to the Koloa Community Association and was approved by the Koloa Community Association. And basically we chose this site in particular for several reasons. First of all it is set back from the roadside. We are about maybe three eights to a half mile back from the roadside. There is substantial tree growth in the area. So that was number one. The second part I think from our standpoint was nobody covers Tree Tunnel well at this point and this site will substantially improve coverage in the Tree Tunnel. It will also improve coverage off of the Highway, the areas between Puhi and all the way to Kalaheo; it kind of has peaks and valleys and is very difficult to cover. So when we set it back about a half mile on that dirt road it provided us somewhat of an angle to shoot to both Kalaheo and to Puhi. It has to be tall because we have to get over the trees. The trees in the area are already at about 90 feet. Also in discussions with the County they wanted to make sure that we allowed for co-location, if they are going to approve they want one pole similar to like where we are now in the mountains. So what we did is if we went too low everybody else would be in to the trees so that would basically negate co-location so that is why we have to go above and we have to allow for others to go above the tree line also. So in all of this, basically this site here will substantially improve coverage into Tree Tunnel, it will help us on the main Highway coverage. It will allow Verizon to remove it's site from Koloa/Po'ipu once we install all the sites. Again this one site on the top of the mountain covers a mass 20 mile, so square mile area and that is why it doesn't do very much as far as coverage and that is why Tree Tunnel is poor right now as far as coverage goes. But if you go down Tree Tunnel, maybe midway to three quarters of the way into Koloa, if you look to the left you are going to see that giant tower on top of the hill and that is where we are currently located. So this whole process is to take down this one particular tower. And again in design we were very cognizant of esthetics, we met with the Community Association, the Association did approve the installation. I also wanted to kind of give you a...when we took our photos of around the area, from the Lihu'e side, I guess from Maluhia Road all the way to that dirt road you cannot see it. The tree line along the roadside is at about 90 feet so from the roadside you are looking at straight trees, you cannot see. Really where you can see it from would be from the Kalaheo side as you come up over the bend and it kind of straightens out. From that angle you can see it and that is basically where we took the photos from if you look at the photos we have. What we also did was we specifically had the surveyor spot the trees and the tall utility pole in the area so it would give you a true look of what it would look like. So in the first photo that we have, from the corner of the dirt road off of Kaumuali`i Highway to the site, that tree on the left, that kind of Ohia Tree is about 75 feet. If you look to the right you see that tall, it looks skinny in this drawing but it is a massive'electrical pole that is 95 feet in height. Again this was all spotted by an actual survey, our tree would come in at about 150. So this gives a pretty good picture of what it would look like from the main Highway back into the valley. The second photo was taken approximately 250 feet, plus or minus, west of that area. Unless you are specifically looking for it, it is not going to be that easy to see it. The next one was 500 feet away, it is a little bit more visible and the last one and I want to point out the last one. The last one was from the north side of the pole looking back toward the main Highway and if you notice in that photo it is going to be tall when you are looking at it but just to give you what it would look like from the roadside back. If you look at that one photo, if you look right back down the middle and you see at the very edge of the photo you will see the pine trees. Those are the pine trees that line currently Kaumuali`i Highway and those are 135 feet. So you can imagine, that is what you are going to see coming back is something that... and you can see it blends in very well. Looking from the north side back down gives you a Planning Commission Minutes 6 February 23, 2010 good depiction of what our monopine will probably look like. It is probably our best effort to somewhat design it so that we could achieve all the various coverage scenarios, esthetics scenarios and as I say this site has been in design for numerous years now because number one, it was difficult to find a site that could lynch pin the coverage areas between Tree Tunnel, the lynch pin between the Highways. And finally when we started discussions with ...it is used by a tree farm now, Hawaiian Mahogany actually leases the land from the Eric Knudsen Trust and we in tern are subleasing from Hawaiian Mahogany. But it is a tree farm now and so those areas basically our tree will fit into there. But I think this is probably the best we could do to get it to blend in allowing us to remove our facility from that mountain top facility that we are currently on. Mr. Nishida: Will this antenna, this is the last part of the system to remove... Mr. Kaneshiro: The last part of it is going to be, in fact I am going to be submitting it next week, is it is going to be a stealth design at the Big Save Market. It is going to be a short 32 foot site at Big Save but that is going to be the last site. Basically it is kind of like a triangle, we have one at Hyatt, one at Lawa`i Beach, one at Big Save and then this one here on the Highway. Mr. Nishida: And you intention is to... Mr. Kaneshiro: Remove once we have all the sites up and running and optimized. Mr. Nishida: When you say remove you are only talking about your antenna. Mr. Kaneshiro: We don't own the tower so we can only remove ours but I know in discussions with several other carriers, there is no one site that can cover everything so you need at least two sites if not three. So I know some of the other carriers are looking at other sites to somewhat take down and we have already been approached by Sprint about locating on this tower. I think Sprint has another proposal somewhere in Koloa or in Po'ipu near a church or some place, they are saying they need to link up also. But to get away from that big tower you have to come down to several lower sites. Mr. Texeira: Your target market is to enhance service to the residents or to the vehicular traffic on Kaumuali`i Highway? Mr. Kaneshiro: Primarily it is to improve the resident... well actually I would say both because number one, right now Highway coverage is pretty good because that mountain site does a wonderful job of shooting over everything. It is so tall it can see the...it shoots like this over the Highway so it does a great job of shooting that but primarily it is to cover Tree Tunnel, that is the one area that we cannot cover right now and I don't think any of the competition really covers very well. So it is to cover the Tree Tunnel and this site takes us into probably three quarters into Koloa and the Koloa site will need to come back up to connect it to this site. Mr. Texeira: What about Oma'o? Mr. Kaneshiro: It will help because of the way we set it back we have somewhat of an angle to Oma'o, and again, that is why when we looked at it, it was so difficult because to get the site in the specific area that will cover Oma'o, cover back to Puhi where you are subject to a lot of peaks and a lot of turns in the road, that it had to be at a certain area. The good thing is from the mountain side of the Highway it is a flatter plain than from the ocean side of the Highway. The ocean side of the Highway is where you have all your mountain tops and that is why that site on the mountain had to be so tall, you are on the mountain but you still had to go 100 feet above because you had all the mountain ranges. This way by coming off of there we are in somewhat of the plains area that we can shoot without going into the mountains or with the mountains as obstructions. So that was the general purpose. Chair: Any more questions for the applicant? Mr. Blake: So who remains on that mountain top? Planning Commission Minutes 7 Febmary 23, 2010 Mr. Kaneshiro: We don't own the tower it's self so I cannot say for sure. I know AT&T definitely is there. There may be some other communication company, I don't think it is a wireless company but I don't know exactly who. I know definitely AT&T is there. Mr. Blake: If this gets approved when will we be able to talk in the Tree Tunnel? Mr. Kaneshiro: That is another thing. Mr. Blake: The reason I ask is I got my first cell phone is 1996 I think and they said don't worry, don't worry. Mr. Costa: Of course Commissioner that would be with a hands-free device. Mr. Kaneshiro: Hopefully if everything goes well we want to be in construction later this year. We still have to file for permits and all that and I will be honest with you, in todays economic times even the very large companies who watch their budgets with a shoestring so to speak. So everything has to be budgeted and this site is going to be expensive for us, it is going to be very expensive. But we hope to be in construction some time late this year if everything works out well. Mr. Texeira: Are we trying to improve service while people are driving? I thought one of the things is we want to have less cell phone usage while people are driving. It seems like we are kind of encouraging it. Mr. Kaneshiro: I don't think Kaua'i County has implemented it. I know Oahu and Big Island have but on Oahu and Big Island you cannot use a phone while driving, you have to use a hands-free set. So I think there are ways to mitigate the risk. For my company its self we are banished from using cell phones while driving without a headset, we have to use a headset. People will use it but I think we have to...wireless phones have become (inaudible), you use it in everyday life, people use it today for work more than pleasure. So it is a business took, a work too, an emergency tool, it is just that you have to use it in an appropriate manner. Mr. Dahilig: Just for the Commissioners information, the County of Kauai will be implementing the no cell phone while driving use law similar to what Hawai'i County and City and County of Honolulu has. So that will be I believe some time in May so that will be the policy now that you can't hold a device while you are driving. Mr. Costa: Counsel, that bill did pass. Mr. Dahilig: Yes. I don't have the ordinance number but I know that it passed and implementing is meant in May sometime. Mr. Costa: So Commissioner, I guess in driving through the Tree Tunnel it should be with a hands-free device. Chair: Are there any more questions for the applicant? Ms. Matsumoto: I have a question for the planner. I just wanted to know if there are records that show usage of all the antenna on the island? For example what a company pulls out of an agreement not to use a certain pole, do we have records of that? I am wondering if we have any of these antenna not being used. Are they required to take them down when they pull out and all of that? Staff: They are, when they are initially being put up and this is strictly for telecommunications, I don't think the department or Commission placed a requirement on but over the past at least 5 years a condition has been placed on all applications, or at least to my knowledge, all the applications I have reviewed. They have a condition that should the pole be de-commissioned it will be removed from the site at the applicant's expense. Chair: And that would be which condition for the Commission? Staff: We have that as condition No. 3. Planning Commission Minutes 8 February 23, 2010 Ms. Matsumoto: Regardless of size. Staff Correct. Chair: Any more questions for the applicant or the planner before I call for public testimony, is there anybody in the public that would like to testify on this agenda item? Seeing none, what would the Commission... Mr. Texeira: Mr. Chair, move to close the public hearing for Use Permit U-2010-8, Variance Permit V-2010-2, and Class IV Zoning Permit Z-IV-2010-9. Ms. Matsumoto: Second. Chair: All those in favor say aye, no, motion carries. On motion made by Herman Texeira and seconded by Camilla Matsumoto, to close the public hearing, motion carried unanimously by voice vote. Mr. Texeira: Mr. Chair, motion to receive the staff report. Mr. Blake: Second. Chair: All those in favor say aye, no, motion carries. On motion made by Herman Texeira and seconded by Hartwell Blake, to receive staff report, motion carried unanimously by voice vote. Mr. Texeira: Mr. Chair, motion to approve. Mr. Blake: Second. Chair: All those in favor say aye, no, motion carries. On motion made by Herman Texeira and seconded by Hartwell Blake, to approve staff recommendation, motion carried unanimously by voice vote. Use Permit U-2010-10 and Class IV Zoning Permit Z-IV-2010-11 to allow the establishment of a sanctuary for church services, children's vacation bible camp, child care and pre-school activity, associated church related activities and services (i.e. funerals, weddings, community social events) and the establishment of professional office uses in an existing warehouse space on property situated in Kapa`a Homesteads along the south side of Kawaihau Road approx 250 ft west of its intersection with Kuahale Street further identified as Tax Map Key 4-6-37:67 and containing a total area of 3.161 acres = New Hope Christian Fellowship Kauai (Director's Report received 2/9/10.1 Staff Planner Mike Laureta: I would like to locate the project for the Commissioners, it is in Kapa`a Homesteads. Kawaihau Road runs in this direction, east to west, Macky's Meats is across the street. This is the old Pineapple Cannery in Kapa`a Homesteads. The existing self- service station is located here. The applicant proposes to utilize the existing warehouse building. This is the proposed first floor plan and the second floor plan, copies of which you have. Passed out this morning was a petition, a packet of photos and the Department of Health comments so you should all have those we just passed out. Staff Planner read staff report (on file). Chair: Are there any questions for the planner? Mr. Texeira: Mike, can you just explain the project a little bit more in detail? Is the existing retail shop going to remain as is along with the gas station? Staff: Yes. (Inaudible) in the warehouse will be converted to uses reflected. Planning Commission Minutes 9 February 23, 2010 - Mr. Texeira: So all the parking you are talking about will be in that concrete slab, nothing on the roadside or along the building in the front. Staff. That is the concern the Planning Department and Public Works had is that no parking occurs along the roadway either in the road right-of-way or in the frontage of their property. All the parking occurs on the concrete slab. So the expectation is the applicant has to manage the parking in order to avoid parking and turning conflicts to the roadway. Mr. Texeira: So there is kind of like a mixed us in that area as far as the parking stalls, right, you have the church services twice a week on Sundays, and then you have the office space, people utilizing... Staff: Well the gas station and the sundries store will have the parking out in front, all other uses will occur on that large concrete slab. The anticipation is management of the parking over time is where the issue really raises its head that if the parking isn't managed properly, signage and what have you the parking will eventually spread out into convenience areas which is along the Highway. So that is one of the concerns the two departments have. Mr. Texeira: So how do you address that concern? Staff: It is touched on in the preliminary evaluation. Mr. Texeira: One more question, in terms of ..maybe I can ask the applicant when he comes up. Ms. Morikami: I have a question, Mike, on the wastewater system. I am looking at the report here by the Health Department, as far as the wastewater system is it adequate to handle this new use? Staff: For now but because they are coming in incrementally, as they come in the Department of Health will be reviewing the proposed uses as they come in but what exists there now is sufficient. Ms. Morikami: The other question I had, you mentioned weddings and funerals and 90 parking stalls. If it is a large funeral, large wedding, where are the people going to be parking? Are they going to be parking right on the main Highway? Staff: As you can see in the pictures that slab, they have control of the entire slab now. This lets call it a facility, can actually handle more than 90 parking spaces provided they are stripped. Now if they are not stripped the potential of hap hazard parking will eat up a whole bunch of area and then parking will occur out on the roadway. So it is something that needs to be considered that if in fact they are going to handle funerals and weddings, unless they have a really good parking plan and they can convince Planning and Public Works that it can be managed and those uses can be controlled, the parking, I am not sure the parking can be managed over time. It has to be, unless you have the parking or you have a parking management plan, something has to show it. Chair: Any more questions before I call the applicant for their presentation, if the applicant could come up. Mr. Avery Youn: Good morning Commissioners, my name is Avery Yount. I am an authorized agent for the applicant. With me today is Pastor Don Kimi. I have known Donny for a long time and he asked me to help him with this application so I said yes, if I help you with this application then you have to help me get to heaven. So that is why I am here. My presentation is pretty brief and I will try to address some of the concerns you raised earlier. The church is here today primarily because they need a place of worship. They are currently in the Kapa`a High School cafeteria and they can use it only on Sundays. But the church activities go beyond just Sunday so they need a place that is more permanent and they could do more services and activities. Their intent is primarily to use an existing facility that has everything in tact and immediately available and this facility sort of fits all their immediate needs and uses. The worship area is big enough; it is almost 6,000 square feet. Planning Commission Minutes 10 February 23, 2010 Their services are twice on Sunday morning, I believe it is at 8:00 and 9:30 and 150-250 people. If you look at that map on the wall and some of the pictures you can see how big the parking area is. The orange colored area is actually the church. The area outlined in red in front of it is the convenient store, the green area is the parking lot and that is where the children's play area is going to be. The area between the green area and the convenience store is also like a daycare center. You will see on the bottom there is a stripped area that is where the Hawaiian Enrichment Program and the childcare preschool will occur. It looks pretty small on that map but actually but square footage it is almost 3,000 square feet so there is adequate space in there. The parking in that upper slab can hold at least 90 stalls. There is a lower parking area at the bottom of the map outlined in green; it is also an additional parking area. Activity will occur primarily on Sunday mornings; that is when the mass of the parking will be required. Although the staff report sort of or the application sort of piggy backs the number of parking stalls required for office space, for congregation, for day center, etc. it will all not happen at once so this is what is called overlap parking. Justification for this project other than the church needs a place where they can hold more activities rather than just once on Sunday, it is already situated on a main traffic corridor which is Kawaihau Road. All activities will occur within an existing building. The worship service is well insulated in that orange area because they have a store in front. It is an air conditioned building and hollow tile structure. So even if they have amplified church music you probably will not be able to hear it from the outside. There are some conditions in the report that I would like to address primarily to clarify. The condition No. 1, exterior colors and finishes of all structures, etc. The building is already painted. If you look at picture No. 9, it is the front of the building and is the front entrance of the church also. So I don't think the church had in mind that they were going to paint the building, they were just going to move in. So if this condition refers to if the building has to be painted, can we just have that understanding that should the applicant decide to paint it that it should meet this condition. Chair: Avery, we haven't even read the recommendation. Mr. Youn: Sorry, I will come back later. Chair: If there is anything else you want to present to the Commission or if there are any questions before we get into the recommendations. Mr. Kimura: On my map it says future lease area but you guys do have the lease on the whole concrete parking area, is that correct? Unidentified Speaker: Yes. Mr. Kimura: Do you guys plan on stripping all of that for future parking? Unidentified Speaker: Yes we are. And just a note on the two services at 7:30 and at 9:00, we do about 100 to 120 people on the first service and about 200 or 225 on the second service, about 20 to 25% of those people are youth so our youth is a big part of the church. We have maybe 80 to 100 youth in our church. Chair: Can you state your name for the record? Pastor Don Kimi: My name is Pastor Don Kim, I am with New Hope Church and I would like to apologize for our senior Pastor, Matt Higa, who is not here. This morning he is in an ongoing emergency with a leader in our church and it happened last night and they are with the police as we speak this morning. He sends his condolences that he wasn't able to make it. So I am here representing the church, thank you for seeing us this morning. Ms. Morikami: I have a question for the applicant. You are leasing the space and then you in turn are going to lease spaces for office use up stairs? Planning Commission Minutes 11 February 23, 2010 Pastor Kimi: Yes, to some of the people in our congregation. Because of the cost of the lease there are people who would like to, in the church that have small businesses, that would like to lease a small office in the upstairs and that would help us with the amount of the lease. Ms. Morikami: I am just curious if you know what kind of offices will be established there, type of businesses. Pastor Kimi: An attorney was looking and wanted to come in and have small piece and also the police department was interested in putting a substation in one of the offices so they had enquired also. Ms. Morikami: And you are establishing the offices to defer the expense of the lease? Pastor Kimi: Yes. Ms. Morikami: Thank you. Mr. Texeira: Do you have any plans for receptions? Pastor Kimi: Right now it is just we wanted to put it in there in case it did come up because right now we don't formally go out and do that but we do have people in the congregation when there is a wedding or something like that they have rented other facilities and we go in as a church and just help out. We just help out and lower the cost and that is basically what the church is doing. Chair: Any more questions? Avery, I have a question for you, what is the rest of the warehouse use? Pastor Kimi: It is still owned by the Boyers and it is actually under the roof we have kind of placed where our barriers would be but the Boyers right now, to my knowledge, have no intention of doing anything right now. We are just at the process of applying for our permits so that we could move forward. It is completely empty. Honsador was in there and they moved everything out prior to last year so the whole slab and everything that you are seeing is completely gutted out. Chair: My question would be how would the interaction be if the landlord does decide to rent out that space and what conflicts would these tenants have as far as parking and leasable space. That if an applicant comes in with an allowed use in that zoning, where would their parking be? Pastor Kimi: I have spoken to Mr. Boyer briefly on that subject and he said that he would work with us in having a business that would come in Monday through Friday during the daytime for that space that we are talking about and they would share the parking during the Monday through Friday hours. Chair: I just have the same concerns regarding the parking, the stripped parking, and it's whole entire use, where is your parking, where is his parking or future parking or management parking because that is one thing that the applicant does not have, or your application does not have is a parking management plan. And if we could maybe get that at our next meeting. Mr. Costa: Chair, also the permit does run with the overall property and you could put a condition in that any changes in uses or additional uses would need to be addressed and possibly come back to the Commission. Pastor Kimi: We also, when we were going through this first phase, we approached Otsuka's and actually have a letter on file. Chair: You can just give it to Mike and he can pass it around. Pastor Kim: Otsuka's is a warehouse to the ocean side of our proposed building and their parking that they have on their facility in front of the facility, because they are only doing business from Monday through Friday have given us a verbal as well as a written agreement that Planning Commission Minutes 12 February 23, 2010 in case in the future if we needed extra parking it would be not a problem to use their parking and actually be contractual to it. And then if you look at that concrete slab that Avery was speaking about on that bottom part where that lower part is, that extra parking there is about 25 to 30 stalls and on each of our services we have parking attendants already that are in orange vests that control the parking. So there are people out there that will be controlling it when this happens for the people who are going in from second service and coming out of first. Chair: Are there any more questions? Mr. Texeira: If I can get back to receptions again, the point I would like to make is if receptions are held to offset some of your expenses which is logical, if the reception is an evening reception would it be from a certain time to a certain time so the surrounding residents wouldn't be affected by the music, some kind of...to prevent loud music (inaudible). Pastor Kimi: Because of the church I can speak if that is brought in front of me, not only will there be a time that it would end in a manner that would be okay for the community but the music sound in that building, there is actually no sound that comes out of it. We test ran a praise and worship practice in there to full volume and we had leaders of the church walk completely around the building, completely around the capsule, no sound was coming out. It was amazing how insulated that building is. That would definitely be one of the things, another thing would be the times that (inaudible) would be definitely be at an ample time. Mr. Costa: And again, Commissioner Texeira, that is something that we can lay the frame work in a condition. Chair: Any more questions, thank you Avery, if there is anybody in the public who would like to speak on this agenda item, seeing none... Mr. Texeira: Mr. Chair, move to close the public hearing. Chair: Okay, and then if we could have a motion prior to that to receive the exhibits and correspondence that we have which are the agency comments, the pictures, and the public testimony or signatures and the exhibit that went around from Otsuka's. Ms. Morikami: Move to receive. Mr. Texeira: Second. Chair: All those in favor say aye, motion carries. On motion made by Paula Morikami and seconded by Herman Texeira, to receive correspondence and exhibits, motion carried unanimously by voice vote. Mr. Texeira: Motion to close public hearing. Mr. Blake: Second. Chair: All those in favor say aye, motion carries. On motion made by Herman Texeira and seconded by Hartwell Blake, to close public hearing, motion carried unanimously by voice vote. Chair: Did you want to revise the comments, Mike, with some of the concerns on the floor or would you move it to the next meeting? Staff: (Inaudible). Chair: We will take a caption break. Commission recessed for caption break at 10:38 a.m. Meeting was called back to order at 10:49 a.m. Planning Commission Minutes 13 February 23, 2010 Chair: We are on item F.2.b, New Hope Christian Fellowship and I guess we can go into the recommendations and the conditions. Staff: The evaluation covers the concern about parking and noise and the Use Permit consideration. Would you like me to read those or just go straight in to the conclusion and recommendation? Chair: I would just go straight into the conclusion and recommendation. Staff Planner Mike Laureta Read conclusion and department recommendation (on file). Mr. Costa: Read that condition again. Staff: "In order to avoid noise impacts to the community, no functions and/or receptions shall extend beyond 10:00 p.m.," "no church functions and/or receptions." Chair: I am okay with 10:00 because of the residential right next. Mr. Kimura: Does that include cleaning up and the whole nine yards? Staff: That shouldn't be generating noise unless... Mr. Kimura: Just the party it's self. Mr. Costa: I am not sure if the Commission wanted to allow that 7 days a week. Because right now I think as it stands that is 10:00, 7 days a week. Staff: Yes. Chair: There should be some peace and order during the week. Ms. Matsumoto: I agree, we had an application in the past where we talked about this and for the sake of the community, the neighborhood. I think we did limit it. I can't remember what we did but... Chair: I remember the application. It was the New Christian Fellowship on the Koloa bypass road. Ms. Matsumoto: They couldn't have activities on Mondays or something like that. Mr. Costa: Monday through Thursday or whatever. Chair, can we get the applicant up? Chair: Can the applicant come up? Mr. Costa: I guess I just wanted to clarify what type of activities you foresee during the week or say Sunday through Thursday. Pastor Kimi: We would have our dance halau would come in for about an hour on Mondays, which right now we presently rent a space out from Kapa`a Missionary. We also have our Tuesday night, every other Tuesday we have a men's meeting that goes from 5:30 to 8:00. We have a place on Hanama'ulu that we have space at presently. Wednesday's, once a month we have a prayer meeting that goes from 6:00 to 8:00. Presently we rent out Faith Christian Fellowship in Hanama'ulu. On Thursday we have, I believe we have our prayer team comes together and presently right now they are meeting at a person's house. So that is basically what happens from Sunday to Thursday. As far as the 10:00 issue, because we have two people on staff who, we are a completely voluntary driven church, if there was an activity I would want to make sure that not only is it finished at 10:00 but it is finished at 9:00 so that our volunteers can clean up and go home. Mr. Costa: I guess I am just wondering if we refine that condition to limit to say noise generating activities between Sunday and Thursday to 8:00 and then Friday... Planning Commission Minutes 14 February 23, 2010 Pastor Kimi: Sunday through Thursday to 8:00. Mr. Costa: The halau, what time is that? Pastor Kimi: That is an early one. The two meetings that we might be close on is our Wednesday prayer meeting because a lot of times we finish from 7:30 to 8:00 but people stay and pray for each other and fellowship with each other. Mr. Costa: Even if we said 8:30. Mr. Kimura: But that is not noise generating. Mr. Costa: I didn't think so either. Pastor Kimi: And on Tuesday's with the men it's the same thing, there is really no noise generation except us sitting in a room like we are right now and talking about our issues. Mr. Costa: And maybe we could say noise generating activities which utilize amplified sound. Pastor Kimi: No, there wouldn't be... Mr. Costa: Shall be limited to or shall not exceed 8:00. Pastor Kim: We are fine with that, definitely. Ms. Matsumoto: I was concerned about when people rent your facilities for a reception. Pastor Kimi: With that it would first of all probably be members of the church with a guideline to follow. Mr. Costa: And those guidelines I would imagine follow whatever the conditions are. Pastor Kimi: Definitely, it would have to be that way. Staff: Do you anticipate any issues looking forward to the usage you are requesting, receptions, weddings, funerals? Pastor Kimi: No because I think we would be the ones setting out the time guides and also limitations of what can be done in that so it wouldn't be them telling us what to do but we would definitely have guidelines for each function. So my understanding is that 8:30 is a weekday and 10:00 is a weekend? Chair: Well the proposed time was from Sunday through Thursday, 8:00, and then Friday and Saturday to 10:00. Would you rather have it go to 8:30? Pastor Kimi: As far as for what days? Chair: Sunday through Thursday. Pastor Kimi: Yes if 8:30 could be possible, that would be great. The only concern would be on the Tuesday and the Wednesday but if you are talking amplification, 8:30, we are good with that definitely, thank you. Mr. Kimura: That is only for noise generating, the meetings and stuff like that is not a problem. Chair: So with that said, Mike. Planning Commission Minutes 15 February 23, 2010 Staff: Condition No. 8, "In order to avoid noise impacts to the community no amplified sound generating activity shall occur after 8:30 p.m. Sunday through Thursday and 10:00 p.m. Friday and Saturday." Mr. Costa: Can you work with that? Pastor Kimi: Yes, thank you. Chair: Any discussion on that condition? Next one, are there any other conditions we want to add to that, I would then entertain a motion. Ms. Matsumoto: I think we did something too, with construction. Do you need a status report? We talked about sometimes with projects you don't know what is happening, its hard for the Planning Department oversee all of the projects that are going on so you want a status report, an annual? Staff: Not so much for this one because everything is with an existing structure so the parking will cover, the initial parking requirement, 90 stalls, all that has to be provided up front. If they propose their uses in phases, that is okay but if the Commission would like to track this, especially in terms of the parking an annual report would suffice if you would like one. Mr. Costa: Typically we put that condition in when there is extensive construction or extensive conditions and maybe it be the Commission's desire to whether it is 6 months or just have them come and report back how things are working out or if they have any changes anticipated perhaps. But perhaps maybe a one shot thing as apposed to a yearly. Ms. Matsumoto: Just to help the Planning Department. Chair: So Cammie, is that a condition that you want to impose? Mr. Costa: Do you anticipate construction at all? Pastor Kimi: No. Mr. Costa: And how soon if this were approved today, how soon would you be... Pastor Kimi: The first thing we have to do is go back to our four square organization in the mainland and take our budget and everything as well as your approval and set it before the board. Mr. Costa: I see, so you haven't committed to the lease per say. Pastor Kimi: No, we need to get an okay from them and then it comes back down to our church. Our church has voted for it but it still has to come from our headquarters on an approval and it is all based on dollars and budget especially with the church right now. You are going to see the numbers in the church as far as that parking concern, it is like a sway here, January and February it seems to be the most busy and summertime, you will see a reduction of 20 to 30% in the people coming. And then just before Christmas it gets busy again. But we need to get that approval from there and in the last 6 months our tithes and offerings has dropped dramatically because of our recession that we are in. So we have hard numbers on what has happened in the last 6 months and we are going to put it before the board in the next 30 days or after this meeting is approved to even take the next step. Mr. Costa: I guess in a perfect world would you anticipate operating at an anticipated level in 6 months? Pastor Kimi: That would be good, maybe 4 to 6 months, Mr. Costa. Mr. Costa: I would say 6 months would be the earliest. It sounds like maybe even a year but I guess I am thinking that probably just one report. Planning Commission Minutes 16 February 23, 2010 Pastor Kim: We would like to see it sooner. We would like to put it in front of the board in four square and get a vote right away. We have never done this as a church before so I can't really give the limitations right now. Mr. Costa: I think the point is not to strangle you with this condition but to just assure that things are meeting your needs as well as not changing in any significant way. Pastor Kimi: I think for us the shorter the period the better but again it's got to be upon approval. Mr. Costa: Perhaps 6 months or even 8 months. Staff: I have an alternative, "Applicant shall submit to the Planning Department a status report 1 year from the commencement of activities discussing progress toward implementation and operation of the project." It starts from when they can get into motion and then the clock starts and 1 year from that. Ms. Matsumoto: That's good. Staff. And then you just submit it to the Planning Department. Mr. Costa: Any comments on that? Staf£ "Applicant shall submit to the Planning Department a status report 1 year from the commencement of activities discussing progress towards the implementation and operation of the project." Mr. Youn: Is this a one time report? It's not an annual report, right? Mr. Costa: And it's to the department. Ms. Matsumoto: And it doesn't have to be a detailed extensive report, it's just feedback. Staff: So the clock starts 1 year from the date you start operating. So however long it takes you to get in motion the clock doesn't start until then. Pastor Kim: And that is No. 9 on your agenda? Staff: Yes, No. 9. Mr. Costa: It might be appropriate to add to that some mechanism for notifying the department when the activities commence. Chair: Any more conditions that we want to add, seeing none, do you want to read that condition No. 9 for the record. Staff: "Applicant shall notify the department on the date of the commencement of operations and shall submit a status report 1 year from the commencement of activities discussing progress towards the implementation and operation of the project." Chair: Any more discussion on the amendment and any more amendments, with that said I would entertain a motion. Ms. Morikami: Mr. Chair, are we doing F. Lb first, shall we do F. La? Chair: We already did F. Lb, we already closed. Ms. Morikami: Are we on F. Lb? Chair: We are on agenda item F. Lb. Planning Commission Minutes 17 February 23, 2010 Ms. Morikami: For F. Lb, move to approve the recommendations of the staff report as amended read by the planner today. Ms. Matsumoto: Second. Chair: All those in favor say aye, no, motion carries. On motion made by Paula Morikami and seconded by Camilla Matsumoto, to approve staff recommendation, motion carried unanimously by voice vote. NEW BUSINESS For Acceptance into Record - Director's Reports for Projects Scheduled for Public Hearing for 3/9110 Public Hearing. Use Permit U-2010-9, Variance Permit V-2010-3, Special Permit SP-2010-1, and Class IV Zoning Permit Z-IV-2010-10 to permit the construction and operation of a temporary concrete batch plant located on a private access road off of Kaumuali`i Highway, VTrox. 1.7 miles west of the Kaumuali`i Highway and Kipu Road intersection, and approx. 500 ft. north of that area generally referred to as Halfway Bridge, further identified as Tax Map Key 3-4-001:003 and affecting a 1 acre area of a 2893.705 acre parcel = Jas W. Glover, Ltd Class IV Zoning Permit Z-IV-2010-12 to permit the construction and operation of a telecommunication facility comprised of a 70' monopole and associated equipment located on Kekaha Road, immediately north of the Kekaha Road and Kala Road intersection, Kekaha, Kauai further identified as Tax Map Key 1-3-009:001, and containing a lot area of 1.943 acres = Sprint Together with Nextel. Use Permit U-2010-11 and Class IV Zoning Permit Z-IV-2010-13 to permit the construction and operation of a telecommunication facility comprised of a 70' monopine (a monopole designed to look like a pine tree) and associated equipment located on a property Uprox 600' west of the Po'ipu Road and Malino Road intersection K61oa Kauai, further identified as Tax Map Key 2-8-010.009 and containing a lot area of 3 acres = Sprint Together with Nextel. Ms. Morikami: On F.2.a, b, and c, move to accept into the record the three items a, b, and c, and schedule public hearing on March 9th Mr. Kimura: Second. Chair: All those in favor say aye, opposed, motion carries. On motion made by Paula Morikami and seconded by Camilla Matsumoto, to receive Director's reports into record for public hearing on 3/9/10, items F.2.a, F.2.b, and F.2.c, motion carried unanimously by voice vote. For Acceptance and Finalization - Director's Report for Shoreline Determination. There were no Director's Reports for shoreline determination. ADJOURNMENT Commission adjourned the meeting at 11:13 a.m. Respectfully Submitted. ] C~ W~ Lam L. Agoot Commission Support Clerk Planning Commission Minutes is February 23, 2010