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HomeMy WebLinkAboutpcmin07-13-10 KAUAI PLANNING COMMISSION REGULAR MEETING July 13, 2010 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair, Caven Raco, at 9:18 a.m. at the Lihu`e Civic Center, Mo`ikeha Building, in meeting roo2A-2B. The following Commissioners were present: Mr. Herman Texeira Ms. Paula Morikami Mr. Caven Raco Mr. Jan Kimura Mr. Hartwell Blake Mr. James Nishida Ms. Camilla Matsumoto Discussion of the meeting, in effect, ensued: APROVAL OF THE AGENDA Chair: Can I get an approval of the agenda? Mr. Blake: So moved. Ms. Matsumoto: Second. Chair: All those in favor say aye. On motion made by Hartwell Blake and seconded by Camilla Matsumoto, to approve the agenda, motion carried unanimously by voice vote. Chair: If I could get a motion to receive the items into the record. Ms. Morikami: So moved. Ms. Matsumoto: Second. Chair: All those in favor say aye, motion carries. On motion made by Paula Morikami and seconded by Camilla Matsumoto, to receive items into the record, motion carried unanimously by voice vote. Chair: Minutes for our regular meeting of June 81h, are there any revisions, if not then I will ask for a motion for approval. Ms. Morikami: Move to approve. Ms. Matsumoto: Second. Chair: All those in favor say aye, motion carries. On motion made by Paula Morikami and seconded by Camilla Matsumoto, to approve Planning Commission regular meeting minutes of June 8, 2010, motion carried unanimously by voice vote. AUG 10 2010 GENERAL BUSINESS Consideration of Infrastructure Master Plan for the Llhu`e/Hanama`ulu Master Plan Area pursuant to Condition No. 15 of Ordinance No PM-326-96 Zoning Amendment ZA-96-2 further identified as Tax Map Key 3-6-002.001. 3-7-001.001. 3-7-002.001 012. 3-7-003.020 = Visionary LLC(formerly Lihu`e Plantation Co., Ltd. & Amfaa MB). Staff Report pertaining to this matter. Staff Planner Dale Cua read staff report (on file). Chair: Commissioners are there any questions for the planner? If not I will call the applicant up. Mr. Clyde Kodani: For the record Clyde Kodani, authorized agent for the applicant. We have no objections to staff s report and we are here on the unlikely chance there are any questions, we are here to answer them. Chair: Are there any questions for the applicant? Mr. Blake: Mr. Kodani, on page 3 of the report, bullet point 4, it says that the principals of smart growth include fostering distinctive attractive communities with a strong sense of place. And the term sense of place has been one of the recent catch phrases utilized by our visitor industry wherein the site makes the, as I understand it, makes the guest feel that they are actually on Kauai, in Po`ipu for instance, versus Waialea or somewhere else, Waikiki. How has or have you incorporated that principal into your plan of this community? That is again, the sense of place. Mr. Kodani: Commissioner Blake what report are you referring to on that one? Mr. Blake: The one that Dale just gave us. Staff Commissioner Blake, just for the record, the report you are reading is for the next one coming up. It is for the next one on the agenda item. Mr. Blake: We are not reading from LA? Staff: No. Mr. Blake: Did we skip LA? Staff: Actually it would be mislabeled; the LA that you have in your exhibits is actually the report for A.2 so you just have to flip flop it. So if you look at the heading of the first page of the report it should read "Consideration of Infrastructure Master Plan for the Lihu`e/Hanama`ulu Master Plan Area". Mr. Blake: Are you going to go back to the, what did you say this was again? Staff: On the first page... Mr. Blake: A. La should be... Staff: 2.A and 2.A is LA. Mr. Blake: Are you going to go back to LA or excuse me, 2.A? Staff: It will be handled with the next one, yes. Mr. Blake: So I will defer that question to the next report. Chair: Any more questions for the applicant? Planning Commission Minutes July 13, 2010 2 Mr. Texeira: Mr. Chair, we are called upon to approve this master plan, infrastructure master plan at this meeting, it just seems to me that in terms of the material provided I certainly would need more time to look at the material to come up with some type of intelligent thoughts and ideas about the master plan. So I just wanted to throw that out, for me personally. Chair: Any more discussion or questions for the applicant, if not let me see if there is anyone in the public that would like to testify on this agenda item. Seeing none if, Commissioner Texeira, if you want to defer you can defer. Mr. Texeira: I personally would like to. I don't know how the other Commissioners feel about this and the Planning Department. I know that you have constraints time wise, so many projects coming forward. Chair: Dale, do we have any time constraints on approving this agenda item? Staff: There are none. Mr. Jung: Just for clarification Commissioners this is an approval of a condition within the ZA that was approved back in 1996 so if you need more time to defer you have that option. Mr. Nishida: Dale, are you expecting a response back from Public Works on this particular amendment? Staff: For the next item on the agenda the department is awaiting a response because it is a proposed amendment to a condition of the ordinance. However I would also like to clarify that in consideration of this infrastructure master plan I think as I noted in the report the infrastructure master plan covers a variety of infrastructure issues which includes drainage, wastewater, water, parks and roadways. So with that in mind because the roadway designs are part of the infrastructure master plan the department came up with this recommendation. Mr. Nishida: The department what? Staff: That is why the recommendation was written the way that it was because it was contingent upon the consideration to the proposed amendment to condition 6 which is being handled with the next application. Mr. Nishida: So the two lanes to the single lane is going to be handled in the next one. Staff: Right. Mr. Nishida: And this one here is what? Staff: It's to consider the whole master plan, that big thick binder that you have before you. Mr. Nishida: So there are no changes to the whole master plan except for what is coming up next? Staff: Yes, except for the roadway design. As far as the wastewater issues, that has been approved by the Wastewater Division of Public Works, the water master plan has been approved, the drainage concerns have been approved. Mr. Nishida: So why are we having this now? Staff: Because the condition of the ordinance says that it needs the Planning Commission's blessing essentially. Mr. Nishida: Because they never came in before? Staff: This is the first time so after 14 years it is here before you. Mr. Blake: So these charts up here refer to which report? Planning Commission Minutes July 13, 2010 3 Staff: These exhibits on the board will be for the next one. Mr. Texeira: So Dale, going back to my previous question, it seems like we are approving the concept of the master plan, right, we are just stamping our approval. We aren't actually really needing to go into the master plan in detail, the approval has already been given. Staff: Right. The specialty agencies have given their blessings. Chair: The more technical agencies have already given their blessings already so we are just responding to a zoning amendment that had one condition that said the Planning Commission should approve or give their blessings. So it is approved already. Any more discussion, if not I will entertain a motion. Ms. Morikami: Mr. Chair, for item No. A, La, actually A.I and A. La, move to approve. Ms. Matsumoto: Second. Chair: All those in favor say aye, motion carries. On motion made by Paula Morikami and seconded by Camilla Matsumoto, to approve staff report, motion carried unanimously by voice vote. Request to amend the Draft Urban Design Plan of the Lihu`e/Hanama`ulu Master Plan Area. pursuant to Condition No. 6 of Ordinance No. PM-326-96. Zoning Amendment ZA-96-2. further identified as Tax Man Key : 3-6-002:001 = Visionary LLC (formerly Lrhn`e Plantation Co.. Ltd. & Amfac/JMB. Staff Report pertaining to this matter. Staff: Before starting the report maybe I will just go up to the board to identify the project. For the Lihu`e master plan area, I think as I noted in the staff report and also keep in mind this is also in your packet, all of these exhibits are in your packet. You have four primary areas within the LYhu`e master plan area, for benchmarks this is the LPhu`e Airport facility here. The first area you have the Molokoa Village area which is adjacent to the existing Molokoa residential area that is here, this is Kapule Highway moving from west to east and then you have Ahukini Road moving from south to north. Directly adjacent to the heliport facility you have Ahukini, makai, across the street is the Ahukini, mauka, project area and which Wal-Mart is here so this is the area behind Wal-Mart. And finally the fourth area is the Hanama`ulu triangle area or known as Kohealoa, the King-K Elementary facility is in this location here and this is Kuhi`o Highway. The next exhibit you have here, the next three exhibits, the upper portion of the illustration is the original street section that was approved in 1996 so this applies to all three roadways. The bottom illustration depicts the proposed amendment to the design standards for these particular roadways. So I believe in this first one is the street section for Ho`olako Street in Molokoa, the next one is Ka`ana Street, and the final one is the minor collector street. Staff Planner read staff report (on file). Chair: Any questions for the planner? I will call the applicant up then. Ms. Kimi Yuen: Aloha and good morning Chairman Race, members of the Commission, Deputy Director Aiu, thank you for having me here today. For the record my name is Kimi Yuen from PBR Hawaii, consultant for Grove Farm on this application. The main reason we are here before you today is to propose revisions to those three sections as Mr. Cua described and it is mainly to incorporate bike lanes within Ka`ana and Ho`olako. These discussions had come up as we have been doing the detail design for this project. And in doing the subdivision design and so before we even approached any of that consideration we had our traffic engineers double check whether going from the two lane plus two which is basically, the original street section is basically like Rice Street, how Rice Street is right now where you have two lanes, three lanes Planning Commission Minutes July 13, 2010 4 and then during rush hour time you have four lanes, two in each direction and the on-street parking goes away, supposedly during that time. What we are proposing today is actually to simplify that street section and make it a lot more pedestrian and bike friendly. We checked with the traffic engineers and they said that eliminating that second lane during rush hour won't necessarily impact traffic. The areas of concern would be the intersections and so the intersections would be designed to accommodate that rush hour traffic. But having the general street sections in Molokoa narrowed down to two lanes so that we can accommodate a painted, permanent bike lane as well as a permanent on- street parking is what we are proposing and the traffic engineers were actually okay with that. We have also designed the bulb-out as Dale described for the tree wells so that they are just as wide as the parking lane which will be 8 feet. And that actually provides a lot more space for the trees so they will be healthier, they won't pull up sidewalks as much. We will also have root barriers and all that when we install but the idea is to give the trees even a better place within the streetscape so that they can be healthier. The sidewalk would not change. You would still have the 4 feet within the right-of-way and the 5 foot setback for a total of 9 foot clear pedestrian space. And we are also designing the bulb-outs to act as bio-filtration for the drainage, storm water runoff. So we will have little inlets within the bulb-outs that will allow water to pass through, it will collect all the bigger debris. During smaller rain events it will actually absorb a lot of the runoff and it won't even go into your drainage system and then should there be a heavier rainfall event where those landscaped areas can't accommodate that through absorption it would continue on to the standard drainage system to catchment basins. For the 56 foot right-of-way the only thing that changed was that we put in the bulb-outs to have a similar street design. The right-of-way wasn't wide enough to put painted bike lanes in but at the same time we are recommending that they be designated as bike routes and that wasn't included in the original urban design plan. So that is actually an improvement in accommodating more bike facilities in the roadways. And then other than that those were the only proposed recommendations we had. I just wanted to emphasize that it would be specific to the Molokoa area of the project, not all of the Lihu`e/Hanamd'ulu project site but just the Molokoa which is that core space that Grove Farm is moving forward with. So if there are any questions I am happy to respond. Ms. Matsumoto: About the bike path in figure 7, so you were just explaining that you didn't have enough room for that, is that what you are talking about? Ms. Yuen: Right. That would be designated as a bike route which you don't have a painted bike lane in it but bikes would be encouraged to use those streets as well. Ms. Matsumoto: Along the travel lanes. Ms. Yuen: Right. Ms. Matsumoto: And how long would those be? Ms. Yuen: They would just be sharing the roadway basically with the cars. Ms. Matsumoto: So it is like the way it is you see sometimes with that solid line along the side of the roads? Ms. Yuen: That is actually a bike lane. A bike route doesn't have that painted stripe so they would be sharing basically the roadway with the cars. The original street section does not actually accommodate a bike route at all. Ms. Matsumoto: But these others do or will? Ms. Yuen: Right. Mr. Blake: On your proposed street section for Molokoa, that is the bottom portion of that picture? Planning Commission Minutes July I3, 2010 5 Ms. Yuen: Right. Mr. Blake: You have a bike lane, what did you can it, a bike lane? Ms. Yuen: Yes, there is a bike lane for Ho'olako and Ka' ana Street. Mr. Blake: And that is on the left hand side of the picture? Ms. Yuen: Yes, the two on your right. The two farthest left is the 56 foot... so for Ho'olako and Ka'ana, the street section it's self is pretty much the same between the two of them, they would have a 6 foot bike lane, two travel lanes and then the 4 foot sidewalk with the 5 foot setback, total of the 9 foot pedestrian... Mr. Blake: What is a bulb-out? Ms. Yuen: The bulb-out is basically if you are looking in plain view, you have parallel parking on the street, the landscaping tree well will actually be in between the parked cars, on- street parking. So it is an 8 foot by I am not sure how long you are going to make it but basically the same width as that parking lane and it is coming out into that parking lane. So instead of being on the sidewalk it is actually in line with the parked cars on the street. They call it a bulb- out because it pushes out the curb from a straight sidewalk edge, it pushes out. Mr. Blake: And do you have a landscape plan? Ms. Yuen: We are working with Grove Farm on a landscape master plan. Mr. Blake: Have you given any consideration to using native plants and species? Ms. Yuen: Absolutely, that is actually the direction we are going in. Mr. Blake: And you said this proposal here applies only to Molokoa? Ms. Yuen: Right, for now. Mr. Blake: Are you going to incorporate it into the rest of the development? Ms. Yuen: Because that is a later phase in the development we will see but definitely we would include similar concepts, we are trying to do a sustainable, really nicely landscaped community, very pedestrian and bike friendly. A lot of that like I said is actually already included in the 95 version of the Urban Design Plan, we are just tweaking it a little. Like all the street trees are already included in the right-of-ways there were approved in that 95 plan, we are just adjusting the street sections in these areas to accommodate the bike lanes. The existing section of Kaana actually has a bike lane so we are connecting that up and it will connect to the town core. Mr. Blake: I wasn't here in 96 when this was approved but where does the drainage go? Who do the waters go? Mr. Kodani: As Kimi eluded to on the smaller more frequent storms hopefully these landscape bulb-outs, it is a fancy word for island, hopefully these islands will then absorb the drainage runoff. But for the larger storms it is designed so that the overflow will flow into a normal standard drainage system and this drainage system will then go to a detention basin, the detention basin right now is designed right next to the existing detention basin by the stadium area. And then after that then it goes to through its normal course down through the Marriott Hotel out to Kalapald. Mr. Blake: Does it go into the ocean? Mr. Kodani: Eventually it will, yes. Mr. Blake: By the time it goes into the ocean has the water been treated? Planning Commission Minutes July 13, 2010 6 Mr. Blake: That is part of the function for the detention basin to not only detain the peak runoff to its existing but also to have some time for sedimentation so that the solids can be settled down and then liquid can just go through. Mr. Blake: The reason I ask is when (inaudible) was here and he was going to put his golf academy on the strip of land between the airport runway and the ocean they were saying that all of the water that was used to water or irrigate the golf course would eventually flop over into that shoreline area and there would be no adverse affects to shellfish and fish in the area. But it wasn't drinking water quality obviously it was irrigation water so when the question was posed to that group of people that were speaking for the development and asked if they would like to try some opi`i right now that had been irrigated by this water, none of them took up on the offer. So my concern is that the drainage from what is not all fields which would percolate down through the surface not adversely affect the fishery or the shellfish that are present on that coastal area. And that is why I asked the question because sedimentation I think generally would be addressed by the settling ponds but you also have the non-point source pollution type issues that don't necessarily settle out in the settling ponds. So my question was is that addressed or is it being addressed? Mr. Kodani: During construction, let's put it this way, during construction BMP, Best Management Practice mitigating measures are installed and upon final development if you want to call it that. And that is part of the reason why we have these bulb-outs because for the more frequent storms they will act as the filtration system whereby it will collect the storm runoff and it will just percolate into the ground. And the more major storms that is where the detention basin comes into play, it acts as a sedimentation and a detention basin to maintain the peak flow runoff. Mr. Blake: My concern of course is the major storms when the water turns brown. You probably weren't prepared to answer that question today but if, I would appreciate it if you did address or put some attention to what happens to the natural fishery in the Nawiliwili Bay in times of major storm runoff. Ms. Yuen: I did want to mention though as part of the entitlement process Grove Farm did have a requirement to do stream water quality and marine water quality monitoring so they do have a requirement to do that. A lot of the problem is that the existing situation is what it is and so they do have a condition to follow up on that. Mr. Blake: What was that again, what was that condition again? Ms. Yuen: There are conditions already in place as part of their approvals to do stream water quality and marine water quality monitoring so that is ongoing and that will be done administratively as the process goes. They already did all their baseline studies and they are supposed to initiate when construction commences so they will be checking on those things. Mr. Blake: And then my other question was the one that I asked on the wrong report but what you are doing to encourage a sense of place? What is your definition of that and how do you do it? Ms. Yuen: That is always a tricky question but it is about the esthetics and the quality of the experience people have walking through the place. I think we have a very good starting point with the Urban Design Plan and the requirements that are in there, having street trees that aren't actually a normal part of a County standard roadway but you have street trees to encourage pedestrian and bike use. The setbacks have awnings also over building commercial street fronts, the street names we picked based on famous Kauai songs, just little details that Grove Farm is taking to design the community as some place people want to be and enjoy and get out of their cars and walk. We are also working with Jeanne Rapozo on accommodating transit through the project as well so there are a lot of layers. I think the architects are taking great attention to make the streetscape and the store fronts and the buildings very pedestrian friendly and very interesting, not blank walls and that sort of thing. So there are a lot little things that we are working on with Grove Farm to make sure that that sense of place and a really inviting community is created. Planning Commission Minutes July 13,2010 7 Mr. Blake: So sense of place means what? Does that mean sense of place as in I live on Kauai or I live in L-ihu'e or this is just smart growth principals? Ms. Yuen: That is a good question. We are trying to of course definitely a sense of Kauai and L-1hu`e, we are selecting native plants, I think we have already decided to continue some existing street trees selections like the (inaudible) on Ka'ana. So it is all part of ..I think the original vision too was to maintain kind of the small town feel, not too tall buildings. Mr. Blake: One thing I picked up on was you said you were incorporating Hawaii songs into the street names, that I think personally encourages a sense of place if you take the time to figure out what the street name is. So those are the kinds of details that I am asking about. But again, you say you are addressing that. Ms. Yuen: It is all being done through the design process and I think the architects are taking a lead on that in terms of the built environment. The landscape team is working like I said the native plants and the landscaping. Chair: What song is Puka Puka? Mr. Aiu: We would like you to answer by humming a few bars of it. Ms. Yuen: I am going to let a Grove Farm representative do that. Unidentified Speaker: I would do a lot of injustice to it if I actually hummed it let alone to dance it. But we have several names that were selected and many of them were composed by Mr. Rivera who is an icon here on the island. For example we have Waialiale, we have Limahule, we have Pua Olena, and so those are some various songs that we have chosen and all of the songs have a connection and a root to Kauai. So those are the kinds of details that we paid attention to, to create that sense of place because for example if you look at Waialiale, Waialiale is a major collector road and as you drive along that road you face Waialiale so we do pay attention to those types of details that is important to all of us at Grove Farm. Mr. Kimura: I have a question, not to change the subject on the songs but talking about streets, I notice you guys don't have any roundabouts in this project. We know that roundabouts work, what is the reason for that? Ms. Yuen: We did hire our traffic consultants and with consideration of full build-outs and the densities we felt that, and this is consistent with working with the Kauai Department of Transportation, that roundabouts weren't necessary for this particular development. We have received approvals from the Department of Transportation to proceed with our intersections, our access ways so for this particular development it wasn't applied to. Mr. Kimura: When you say this development are you talking about just this section right here? Unidentified Speaker: The Lihu`elHanama`ulu Master Plan. Mr. Kimura: This whole thing here. Unidentified Speaker: Correct. Mr. Kimura: And they said you don't need a roundabout. Unidentified Sneaker: Not for this particular development. That is not to say that it doesn't work elsewhere. As, Jan, you and I both know we both drive in from the North Shore every day and I take the bypass and it works from that particular area at the Kapa`a bypass but however at this development it was not a consideration at this time. Mr. Kimura: For the L-ihu'e Town Core meeting that we had here they said that Hardy Street, and I correct, by Wilcox School they wanted to put a roundabout there. Now that is before all this came about, this was part of that for the roundabout? Chair: The L-ihu'e Urban Development Plan is... Planning Commission Minutes July 13, 2010 8 Mr. Kimura: But they changed it, right, that is what we are here for. Chair: But that is away from this project. Mr. Kimura: Well it is right around the corner and so I figured with all this new infrastructure in here... Unidentified Speaker: The roundabout, yes the roundabout I believe and of course Kimi can actually speak to this... Ms. Yuen: I guess the main point is that the traffic in this area doesn't actually warrant a roundabout. A lot of times it is used as a device in place of a traffic signal and so in the case of the Wailani Project it was actually just not warranted, the traffic levels didn't reach that point. In terms of the one that is in the Town Core at Hardy and Umi that one did require some kind of traffic mitigation and so the engineers recommended a roundabout given its location and the types of streets that were there. So that is why in that scenario a roundabout got recommended but in the Wailani Development a roundabout just wasn't actually warranted. Mr. Kimura: I just thought it was pretty odd because Safeway is required to put about roundabout in Phase I and Phase II and this is, the scale is much bigger on this and they don't require a roundabout. Ms. Yuen: Right. We do have signal requirements on Ahukini and Kapule which are the main roadways but on the internal streets there aren't any. Mr. Kimura: I just thought it was pretty odd that Safeway required it and this project they don't require it. Ms. Yuen: It is just how the traffic counts work, how they do their calculations. Mr. Kimura: Thank you. Ms. Matsumoto: I have a question, going back to figure 7, where is that on the map? Ms. Yuen: The 56 foot right-of-way (inaudible) collectors? Ms. Matsumoto: Yes. Ms. Yuen: That is primarily... Clyde can help me with that, which roadways are the 56 foot right-of-way? I think it is Limahule so Pua Olena, I think Hulaia, this section between Kamulani and Ka'ana and then Limahule Street, those are the 56 foot. So as you can see they are minor collectors going through the Moloakoa area. Ms. Matsumoto: Thank you. I also have some thoughts about the sense of place. This is a really, it is almost near the gateway of Kauai and it has great potential to be the first impression of the island. In that respect I would love to see some place so beautiful there that is reflective of the kind of community we have. And I like the idea for a sense of place, this could be known as a community where you have the trees of course, you have native Hawaiian plantings, a profusion of that, not just here and there as token plantings but to be almost like a garden of native plants, that is one thing. And the other thing is that if you are going to be encouraging walking which I think is healthy for our community, if you look in this area you have the police station, you have parks, you have all these different things that are surrounding this area and it would be really nice if people could walk from their homes to these different places. Right now the way I see it, it is a highway, it is a section, you area is inside a section that is becoming a major ...I almost have to brace myself when I go driving there. I think okay, I am hitting the 50 mile an hour freeway here on Kauai which it sort of doesn't make sense if you are developing something that is walking friendly and pedestrian friendly but to get out to the rest of the island you have to get in your car and go down a highway. So there is that balance there I think is really important and also near the airport, if Kauai can achieve a beautiful community inside the airport area that would be award winning because airports are just ...people come and Planning Commission Minutes July 13, 2010 9 go and it should be one of the most beautiful places. With all due respect if you look at our example of Oahu the first impression you get coming off is not beautiful, it is so intense. So I am hoping that with a community like this you can begin to shape that concept for the entire area, otherwise it is just going to be an industrial place and you are going to have a housing complex in an industrial place. You want to turn it around and make it a beautiful community, one, and the other stuff second. So that is my idea of a sense of place. Mr. Blake: I agree with you, otherwise it is just like Honolulu Airport, it is just (inaudible) and chain link fences and steel buildings and so I am happy that Grove Farm, this is a Grove Farm development because Grove Farm does pay attention to things like that as a result of their long residence, their Kama`aina status on the island. So that is encouraging. But I had questions about Ahukini makai, is the heliport going to stay there on the edge of the development or is the heliport going to go elsewhere? Mr. Kodani: We really don't know what is going to happen on that right now. Chair: That is State DOT. Mr. Blake: I don't envy working with DOT. Mr. Kodani: Commissioner Blake and Matsumoto, you guys brought up good points about the identity and all that, let me just say without really getting into trouble if you want to call it but Grove Farm does have plans to make this area really Kauai. Because development is what it is I can't really go into specifics but I can tell you this much, Grove Farm has plans to consider all what you and Commissioner Matsumoto have indicated to make it a real Kauai place. Mr. Kimura: The parks, is it just going to be vacant land or are you going to put some kind of structure up? Ms. Yuen: For the parks there is the park master plan actually that is part of the packet with your infrastructure plans that kind of details potentially what could be developed there. They were sized, we are showing some playfield potentially but it is all up to County Parks what they want to do with that. So in this particular area actually we did make an adjustment to combine the park with an existing as well as the new proposed park so that is why you see a nice bigger green space in there. So we have been working with the County Parks Department on a lot of these efforts and if you have questions specifically there is the park master plan in your packet as well that you can reference. Mr. Kimura: I must have bypassed that section. Ms. Morikami: I just have a general question, I noticed that you have four primary areas of development for this whole entire project, what is your time schedule for this Wailani, what are we looking at for this Phase I of the four part phase? Unidentified Speaker: The Lihu`e/Hanama`ulu Master Plan is specifically that, it is a master plan, the Molokoa Phase, we are looking at a forty year development. As other Commissioners have noted this is a large, rather large project and not obviously going to come on board all at once. Our first phase, we have thanks to your blessing we are able to proceed with our construction documents for the Molokoa area of the Lihu`e Master Plan. As far as construction and full build-out we don't expect to have full build-out for at least 10, 15 years down the road. Ms. Morikami: Thank you. Ms. Matsumoto: Can you explain how this project links with the overall bike path plans, developments for the area from ...there is a huge plan for the Lydgate all the way through, if you can describe that to us using the map that would help too. Ms. Yuen: Right now Kapule Highway and Ahukini Road are designated as bike roads by the State DOT and so our project actually, here is Ka'ana Street right here, we will have the bike lane as proposed as well as Ho'olako so they would connect into the State bikeway, designated bikeway path. I am not sure exactly how they are getting through, I think it might be Planning Commission Minutes July 13, 2010 10 through Ahukini to get through but I think going this way it is Kapule Highway is the designated bike route. So where they are actually connecting I think they are still working on the EA. Right now we had talked with Doug Haig on the draft EA that went through and talking about accommodating at least through Grove Farms efforts. I don't know if they have exactly designated or decided yet how far they have gotten on that approval of that connection down towards the coastline. But at least within Grove Farm's project you have Ka'ana and Ho'olako connected to the two State bike routes so that wherever they connect they would connect to their project that way. The County already has a segment of a bike lane in the existing Ka'ana Street. The Town Core Urban Design Plan of Ka'ana Street is actually also designated with bike lanes so that that connection would actually go all the way to the Town Core by Wilcox School. We have also been in discussions with Doug Haig about another bike route, pedestrian and bike route maybe connecting through the residential area but that hasn't been detailed yet since that layout hasn't been worked out. But as we go through that we will be working with the County on that part too. Ms. Matsumoto: And then eventually you will encourage people to be able to walk into Lihu`e. Ms. Yuen: Absolutely, Ka'ana will be your main connector to the Town Core. You will also have Malae at this side of it, Hardy Street is up here and goes around but Ka'ana is really going to be the main core and that is the middle section that is up on the board. Chair: If there are no more questions then let me see if there is anybody in the public that would like to testify on this agenda item? Mr. Teddy B lake: Good morning Mr. Chairman and members of the Commission, my name is Ted Blake. I am here today to read a letter from the island coordinator of Get Fit Kauai and Nutrition and Physical Activity Coalition of Kauai County, Bev Brody. Bev is involved with Get Fit Kauai, Built Environments and the Complete Streets. "I am writing today on behalf of Get Fit Kauai to voice our support for Grove Farm's proposal to use one lane of its planed four lane street for a multi-mobile path leaving three lanes for vehicular traffic with pedestrian and bicycle considerations in their Wailani project. This is everything Get Fit Kauai advocates. We are becoming more and more aware that built environment influences a person's level of physical activity. For example an accessible or nonexistent sidewalks and bicycle and walking paths can contribute sedentary habits, these habits lead to poor health outcomes as obesity, diabetes, cardiovascular disease and in some instances cancer. Grove Farm's proposal to include connectivity, sidewalks, and bicycle lanes in their Wailani project is a step in the right direction. Not only is this plan totally in line with smart growth issues, it addresses the health and well being of our community. I urge you to support Grove Farm's proposal." I would like also to speak as a member of the concerned citizens of Koloa. In 2007 we gifted a Koloa/Po`ipn area circulation plan to the County and in that plan there are many references to multimodal paths and this is something that we definitely support. Off the record, to Ms. Yuen and Mr. Kodani, as Commissioner Blake will reach Senior Kupuna status next Sunday and I thank you for the patience and compassion and understanding you have shown in responding to his questions, thank you. Chair: Is there anybody else in the public? Seeing none I will entertain a motion. Ms. Morikami: Mr. Chair, for item A.2 and A.2.a, move to approve pending the comments from Public Works. Mr. Blake: Second. Chair: All those in favor say aye, motion carries. On motion made by Paula Morikami and seconded by Hartwell Blake, to approve staff recommendation, motion carried unanimously by voice vote. Planning Commission Minutes July 13, 2010 11 Chair: For the next agenda item for executive session I recuse myself as Chair and Vice Chair will run the meeting. Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to discuss the Fifth Circuit Court Order, Civil No. 07-1-191, relating to development of a condominium project consisting of eight (8) single-family residents on CPR units 1 to 8 and 72 multi-family units on CPR 9 for Use Permit U-2007-20 and Class IV Zoning Permit Z-IV-2007-24, Tax Map Key 2-8-09:1, K61oa, Kauai = Kaloa Creekside Estates LLC. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the County as they relate to this agenda item. On motion made by James Nishida and seconded by Camilla Matsumoto, to go into executive session, motion carried by the following roll call vote: Ayes: Morikami, Nishida, Matsumoto, Kimura, Blake, Texeira -6 Noes: None -0 Absent: None -0 Not Voting: Raco -1 Commission went into executive session at 10:26 a.m. Meeting was called back to order at 11:23 a.m. Pursuant to Hawaii Revised Statutes Section 92-4 and 92-5(a)(4), the Purpose of this executive session is to discuss matters pertaining to the Planning Director and, if necessary, to consult with County's legal counsel. This session pertains to the evaluation of the Planning Director where consideration of matters affecting privacy will be involved and, if necessary, to consult with legal counsel regarding the powers, duties, privileges, immunities, and/or liabilities of the Planning Commission as it relates to this agenda item. On motion make by Paula Morikami and seconded by Jan Kimura, to go into executive session, motion carries unanimously by voice vote. Commission went into executive session at 11:28 a.m. Meeting was called back to order at 1:36 p.m. SUBDIVISION There was no Subdivision Committee meeting. UNFINISHDED BUSINESS Proposed Zoning Amendment ZA-2010-9 for an Ordinance to amend Section8-27.8 of the Kauai County Code, as amended by Ordinance No. 863 and Ordinance No. 8871 to the implementation of scientifically generated erosion based setbacks and establishing procedures for the Planning Commission to determine whether activities proposed on property abutting the shoreline are subject to a shoreline setback and activity determination = Kauai County Planning Commission. [Hearing closed 6/22/10.1 Deputy Director Imai Ain: Staff has nothing further to add at this time. If there are any questions we can address them. Chair: Does the Commission have any questions for the Planner or Deputy? Is there anybody in the public that would like to testify on this agenda item? Seeing none then I would entertain a motion being that we closed the public hearing for ZA-2010-9. Ms. Morikami: Mr. Chair, for item D.1, proposed zoning amendment ZA-2010-9 for an ordinance to amend section 8-27.8 of the Kauai County Code, as amended, by ordinance No. 863 and ordinance No. 8871, move to approve. Planning Commission Minutes July 13, 12 Mr. Kimura: Second. Chair: Any discussion, all those in favor say aye, opposed, motion carries. On motion made Paula Morikami and seconded by Jan Kimura, to approve ZA- 2010-9, motion carried unanimously by voice vote. NEW PUBLIC HEARING Use Permit U-2010-18 and Class IV Zoning Permit Z-IV-2010-20 to construct improvements to the existing Hanamd'ulu Wastewater Pump Station (W WPS involving the replacement of two existing pumps and the addition of a generator room approx. 208 sq. ft. in size, on a parcel situated on the makai end of Hanamd'ulu Road, in Hanamd'ulu, approx. 2,500 ft. southeast of the Hanamd'ulu Road/Knhi`o Highway intersection, ftuther identified as Tax Map Key 3-7-003:012, and containing a land area of 2,250 sq. ft. = County ofKaua'i, Department of Public Works. [Director's Report received 6/22/10.1 Supplement Director's Report pertaining to this matter. Staff Planner Dale Cua read supplemental Director's Report (on file). Chair: Commissioners, are there any questions for the planner? Seeing none is there anything the applicant wants to add to the report? Mr. Clyde Kodani: For the record, Clyde Kodani, authorized agent for the County of Kauai, via Visionary LLC. We have no comments. Chair: Are there any questions for the applicant? If not let me take public testimony, this is a public hearing, is there anybody in the public that would like to testify on this agenda item? Seeing none, I will bring the meeting back to order and this is a public hearing and we received all the comment? Staff: Yes. Chair: I can entertain a motion to close the public hearing. Ms. Morikami: Mr. Chair, move that we close this public hearing. Ms. Matsumoto: Second. Chair: All those in favor say aye, opposed, motion carries. On motion made by Paula Morikami and seconded by Camilla Matsumoto, to close the public hearing, motion carried unanimously by voice vote. Staff Planner read conclusion and department recommendation (on file). Chair: Commissioners, are there any questions regarding the recommendation? If not I will call the applicant if there is anything he wants to add. Mr. Kodani: No objections. Chair: Is there anybody in the public that would like to testify on this agenda item? Seeing none what would be the pleasure of the Commission? Ms. Morikami: Mr. Chair, move that we approve Use Permit U-2010-18 and Class IV Zoning Permit Z-IV-2010-20 pursuant to the applicant's request. Mr. Kimura: Second. Chair: Are there any recommendations or additions, discussion, seeing none all those in favor say aye, opposed, motion carries. Planning Commission Minutes July 13, 2010 13 On motion made by Paula Morikami and seconded by Jan Kimura, to approve staff recommendation, motion carried unanimously by voice vote. NEW BUSINESS For Acceptance into Record - Director's Report for Proiect Scheduled for Public Hearing for 7/27/10 Public Hearing. Use Permit U-2010-19 and Class IV Zoning Z-IV-2010-21 to establish a telecommunication facility partially atop the roof of a supermarket, located on Koloa Road, at the intersection of Koloa Road at the intersection of Koloa Road and Waikomo Road Koloa Kauai, further identified as Tax Map Key 2-8-008:042 = Ve&Qn Wireless. Director's Report pertaining to this matter. On motion made by Paula Morikami and seconded by Jan Kimura, to receive Director's Report into the record, motion carried unanimously by voice vote. Use Permit U-2010-20 and Class IV Zoning Permit Z-IV-2010-22 to construct an administration building and covered pedestrian walkway at Kalaheo School, located on Maka Road at the intersection of Maka Road Pu`u Road Kalaheo Kauai further identified as Tax Map Key 2-3-002:005 = State of Hawai `i, Department of Education. Director's Report pertaining to this matter. For Acceptance and Finalization - Director's Report for Shoreline Setback Activity Determination. (NONE) Memorandum (7/7/10 from Deputy Planning Director Imaikalani Ain to Caven Raco, Chair, Kauai Planning Commission, requesting the Commission reconfirm consent to approve TV-1073-NCU, Tax Map Key 4-9-004:007, Michael H. Lorscheider and TVNC-1345, Tax Map Key 4-5-002:004, Cynthia P. Bloom, and TV-1075-NCU, Tax Map Key 1-3-003:073, Sarah Grossman, originally approved on January 26, 2010. Staff Report pertaining to this matter. Chair: I have read the memorandum into the record, is there anything that you want to add? Deputy Director Aiu: No, at this time if the memo has been read into the record then that is no problem, we are all good. Chair: Are there any questions for the request to the Commission to confirm and approve these transient vacation rentals? I have a general question, in the past we haven't had the applicants come up or none of these vacation rental people have come up to get our approval because it is more of a Director's or the department, right? Mr. Ain: In a lot of cases yes. Still a few have had their representatives here but in most cases most of these stem from administrative delays so we are forwarding them. Chair: These four right here were administrative? Mr. Ain: Yes. Chair: And not on the applicants or... Mr. Ain: Some of them were due to like incomplete nature of the application or trouble scheduling inspections but in any case they were not necessarily appeals or on the request of the applicant, it is more us just being able to finally complete what was given. Planning Commission Minutes July 13, 2010 14 Ms. Matsumoto: But at some point you are in direct contact with either a manager or the owner. Mr. Ain: Yes. Ms. Matsumoto: So they speak to you directly. Mr. Aiu: Usually it is an applicant's representative but yes. Chair: Any more questions? Is there anybody in the public that would like to testify on this agenda item? Seeing none then I will entertain a motion. Ms. Morikami: Mr. Chair, for item 4 and 4.a, move that this Commission reconfirm its consent to approve these TVRs pursuant to the staff report. Mr. Kimura: Second. Chair: Any discussion, all those in favor say aye, opposed, motion carries. On motion made by Paula Morikami and seconded by Jan Kimura, to approve staff report, motion carried unanimously by voice vote. Memorandum (7/17/10 from Deputy Planning Director Imaikalani Ain to Caven Raco, Chair, Kauai Planning Commission, recommending the Commission consent to TVNC-1078, Tax Map Key 5-8-009:013, James R. Christiansen. Staff Report pertaining to this matter. Deputy Director Imai Ain read staff report (on file). Chair: It wasn't approved the first time? Mr. Ain: This was basically the application wasn't complete, they didn't turn in stamped plans with their application and scheduling of inspections was delayed. They had coordinating times to get out there with the owner's representative just basically presented some difficulties to get on property. Chair: So with those grounds is there any legal entity on reasoning being that it was the applicant's incomplete package or application that now it is complete that we have to grant them approval? Mr. Jung: If you look at the ordinance it actually allows for an application to be processed after the March 30`h date if they can prove compliance with the conditions and the ordinance which is compliance with all State and County land use laws as well as providing documentation for paying GE and TAT taxes. So the department doesn't have the administrative ability to approve this they have to bring it before the Commission to get your approval of the requirements. Chair: Any more questions for the planner? Mr. Kimura: You said the scheduling was a delay because of the department's side or was it the applicant's side? Mr. Aiu: In speaking to the inspectors they arranged to meet the applicant's representative off-site, I believe it was at the Princeville Shopping Center and when they went out there the applicant's representative wasn't there. So they basically just had to go a few rounds of trying to get on property for this project. Mr. Kimura: As the applicant don't you think they should be represented? Mr. Ain: Here you mean? Planning Commission Minutes July 13, 2010 15 Mr. Kimura: I mean for them not showing up when the inspectors are out there to me that is grounds for denial. Mr. Ain: And actually that was made, once the March 30`" deadline passed they were considered unlawful so they couldn't operate for all that time. Mr. Kimura: So why are we giving them the okay now? Mr. Ain: Because they still have the right to get approval by Commission. Chair: They have that right but we have the final say if we give them approval or not. Mr. Aiu: Yes, basically, so now they have to prove to you that they were in compliance so by not working with the inspectors so to speak to get on site, the cost of the applicant was that time to operate between the March 30th deadline and now that they didn't get in under the administrative deadline and now they have to come to the Commission approval. Chair: My thing was always what Hartwell says that the burden of proof is on the applicant that they provide us and provide the department that process and if they fell short then plead to us, tell us why you would want us to grant approval when you wasted the planner's time and now our time. I am sure the applicant is not here right now. Mr. Aiu: The applicant is not here right now. Mr. Kimura: To me it seems like he is taking this Commission for granted. Chair: I don't want to say okay, transient vacation rental, you forgot and misspelled a word, you get approval. I want to put some weight to it. Mr. Kimura: And when the department is out there waiting for them and they don't even show up it like, well, it's only the County of Kauai, don't worry about it. Mr. Aiu: Perhaps. Mr. Kimura: The County has been taken advantage of long enough. Chair: Or the people have. Ms. Morikami: I have a question, do we have documentation that specifies date, time, and place of the meeting initially, with the applicant and the department? Is there any documentation to that effect or was there a miscommunication? Mr. Ain: I don't know of any hard copy documentation, usually that is just kept in inspector's notes for when they schedule inspections. Chair: How would you document that other than putting a note and say 10:30, meet Mr. Christiansen at Princeville, other than taking notes. Ms. Morikami: Answering machine message or something so that it is not he said/she said, who said what. Chair: The applicant is not even here today to try to plead why he needs approval. It is like why do we even go through this process. Mr. Ain: I understand that but keep in mind that the standards of approval aren't, yes, it is an inconvenience to go out and to not meet there however just understand that the standards of approval are the standards of section 8-17.8, which is compliance with County law and history of uses there were vacation rentals prior to March 7th Mr. Kimura: Inconvenience to the inspectors. Mr. Ain: Inconvenience to the inspectors. Planning Commission Minutes July 13, 2010 16 Mr. Kimura: That is costing the County money. Mr. Ain: True enough. Mr. Jung: Commissioners, I think I have to interject here. What the standard of what you are looking at is a objective standard where you have to meet a criteria under 8-17.10 (c) and (d). So if that applicant meets that criteria the department felt that this application did meet the criteria so it is asking for Commission approval because they can't do it under the way the ordinance is written currently. That is why it is before you now, whether or not they inconvenienced the department or not is sort of (inaudible) because they did satisfy the requirements that are actually required. Mr. Kimura: But they didn't comply on March 30th, right, by March 30th? Mr. Aiu: They did not comply by March 30th so on March 30th this was considered denied or at least an unlawful use but that did not then cut off their right to seek approval from the Commission. Mr. Kimura: Isn't it why you have a deadline? So you have a deadline and then some. Mr. Ain: The deadline was basically, yes, it was not a hard and fast denial deadline obviously because the law did allow for approval by the Commission after the deadline. Mr. Kimura: You know how I feel about TVRs. Mr. Ain: I do know how you feel about TVRs. Mr. Texeira: It is so tempting. You just want to do what is right as apposed to following the letter of the law. Mr. Kimura: I agree with you. Mr. Texeira: Sometimes it just seems that way, we so much have to follow the law but we know in our hearts what is right. I am just making a comment. Mr. Kimura: The applicant is not even here. Mr. Blake: (Inaudible). Mr. June: The question of legality, we can go into executive session if you would like and we can discuss the nuances of this bill and how it is applied to this particular application. Mr. Kimura: Been there done that. Mr. Jung: And we have sort of beaten that horse to death. If you want to go in you are entitled to request an executive session. Mr. Kimura: Let's just call it frustration at its finest. Mr. Blake: I agree with Jan, how far do we have to bend over to be quote, fair? They are not being fair with us so that is the deadline; if you are applying then you make it happen. When the inspectors are there you better be there unless you call in ahead of time with an excuse, don't just not show. If that is the way it is then fine, no need. Mr. Kimura: My thoughts exactly. Chair: So can we have the applicant come? Mr. Aiu: You can defer it and have the applicant show up. Chair: So Commission we can defer or we can deny. Planning Commission Minutes July 13, 2010 17 Mr. Kimura: Let's defer it. Make an inconvenience for him to come out. Chair: We can also deny on the grounds that this is what the reason is. Mr. Kimura: I am kind of tired of some of these applicants taking advantage of the County where it's like it's a done deal. I don't have to even show up. Chair: So with that said is there a motion? Mr. Kimura: I make a motion to defer this agenda item to July 27th. Let's hold it off to December. Mr. Ain: I personally would not. Department wise we are trying to clear as much of these out as we can. Mr. Jung: Commissioners, you do have to be reasonable in this and so I think a deferral to either the next meeting or the meeting after that would be appropriate. Not until December. Mr. Kimura: The meeting after that. Mr. Ain: August. Ms. Morikami: First meeting in August. Mr. Jung: And that will give ample time to contact the applicant. Mr. Kimura: We want to make sure he shows up or his representative shows up on time. Ms. Morikami: I second it. Chair: Any discussion? Ms. Matsumoto: I have a question. Do you know who was supposed to meet the inspector? Mr. Aiu: Not off the top of my head. We have that in the record. Chair: Going back to the record, other than he wasn't there at that meeting to do the inspection what else did he fall short of? Mr. Aiu: Turning in stamped plans. Chair: So to me that is an incomplete... regardless of the not making the meeting it is an incomplete application and that would be my point of view and that is the way I would be looking at it. He had the burden of proof, right, burden of proof was on the applicant and everybody else complied and got a, b, and c. Mr. Ain: I would say that application was incomplete and has been completed. Chair: Any more discussion? Ms. Morikami: Mr. Chair, if the maker of the motion wants to withdraw his motion I will withdraw my second. Mr. Kimura: Why would I...? Ms. Matsumoto: And could you repeat what was the other piece that he didn't do? Mr. Ain: Stamped plans. Chair: Incomplete application. So motion to defer is on the floor... Planning Commission Minutes July 13, 2010 18 Mr. Costa: I guess I was informed by the Commission secretary that those items, they are not notified like other items on the agenda. In other words they were not sent a notice that they were being placed on the agenda, number one. Mr. Kimura: That is why they are not here? Mr. Costa: It could be a reason but the other one is as far as the stamped plans that was not part of the ordinance, it was something that we required as a matter of policy to help put the burden on the applicant so that we wouldn't have to go dig up plans and figure out whether they were current or not. It was a way to have the applicant submit current plans, certified by an architect and again that was not part of the ordinance so that was part of the difficulty. We couldn't technically say it was an incomplete application because of that. Mr. Kimura: Incomplete is incomplete, right. I mean that is why they were denied. Mr. Costa: I would just say that was part of the reason we could not render an approval by March 30th. Chair: If there is no more discussion the motion on the floor is to defer, all those in favor say aye, motion carries. On motion made by Jan Kimura and seconded by Paula Morikami, to defer to 8/10/10, motion carried unanimously by voice vote. ADJOURNMENT Commission adjourned the meeting at 2:11 p.m. Respectfully Submitted. Lani Agoot Commission Support Clerk Planning Commission Minutes July 13, 2010 19