HomeMy WebLinkAbout2019-05-14 KCDP Minutes Final
Harry Kim Michael Yee
Mayor Director
Duane Kanuha
Deputy Director
County of Hawai‘i
PLANNING DEPARTMENT
KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawai‘i 96720
Phone (808) 961-8288 Fax (808) 961-8742
Tuesday, May 14, 2019
Meeting Minutes
CALL TO ORDER
Chair Young called the Kona Community Development Plan (KCDP) Action Committee (AC) to order at
6:03 p.m. in the Kona Imin Center. The following persons were present:
ROLL CALL
Action Committee Members Present: Charles Young (Chair), Shirley David (Vice-Chair), David Huerta,
Franz Weber, Hiram Rivera, Janice Palma-Glennie, and Kari Kimura.
Action Committee Members Absent-Excused: Barbara DeFranco, and Shane Palacat-Nelsen.
Staff Planners: Bethany Morrison, Kevin Sullivan, Kamuela Plunkett, and Heather Bartlett.
Planning Director: Michael Yee.
Deputy Corporation Counsel: Ron Kim.
Members of the public: 27
ADDITIONS TO THE AGENDA: None.
ANNOUNCEMENTS: At the start of the meeting Chair Young offered an ‘ōlelo no‘eau to the Action
Committee.
e iho ana o luha That which is above shall be brought down
e pi‘i ana olalo That which is below shall be lifted up
e hui ana na moku The islands shall be united
e kū an aka paia The walls shall stand upright
1. Introduction of David Huerta, a new member of the Kona CDP Action Committee.
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2. General Plan Special Meeting scheduled for Wednesday, June 12 at the West Hawai‘i Civic
Center Council Chambers.
PUBLIC COMMENT ON AGENDA ITEMS: Two members of the public signed up to provide comment.
Their comments were taken after the presentation in agenda item 3 and were incorporated into the
discussion.
1. Michael Matsukawa, representing himself, testified on agenda item 3: Amendments to the
Kona Community Development Plan (KCDP). He introduced himself as a member of the
Hawai‘i County is an Equal Opportunity Provider and Employer Page 1
Steering Committee during the initial creation and adoption of the plan, and he testified with
general opposition to many of the proposed amendments. He reminded those present that the
CDP won an award from the American Planning Association, and recommended improving
upon the language or supplementing it with regional ordinances rather than lessening the
authority of those provisions.
A more detailed synopsis of his testimony \[Communication Number 2019-12\] may be viewed
and downloaded at the following website:
http://records.hawaiicounty.gov/Weblink/1/doc/100307/Page1.aspx
2. Ken Melrose, representing himself, testified on agenda item 3: Amendments to the Kona
Community Development Plan (KCDP). He introduced himself as a past member of the Steering
Committee who was involved in the effort of initially navigating the process of implementation.
He expressed feeling that the CDP has prevented its own implementation through over-
reaching its own authority. Through his involvement with the CDP Amendment Subcommittee,
and having discussed the issues at length in the process, he felt that the suggested
amendments do not dilute the plan.
RECOGNITION OF OUTGOING MEMBERS:
Planner Plunkett expressed his gratitude for Doug Payne’s 6 years of service with the Kona CDP Action
Committee. Mr. Payne thanked everyone and expressed gladness to have a new perspective on the
Committee.
APPROVAL OF MINUTES:
Committee Member Kimura moved to approve the minutes of the March 12, 2019 meeting as
submitted. Second by Committee Member Weber. The motion to approve the minutes as submitted
passed with 7 votes aye, 0 votes nay.
BUSINESS:
3. Amendments to the Kona Community Development Plan (KCDP) Progress Report.
Note: for a better understanding of the policy and amendment references made in these minutes –
please view the amendment package that was submitted to the Action Committee \[Communication
Number 2019-11.\] Communication Number 2019-11 may be viewed and downloaded from the
following website: http://records.hawaiicounty.gov/Weblink/1/doc/100226/Page1.aspx
In Communication Number 2019-11 the red wording denotes the amendments proposed by both the
Mayor’s office and the Action Committee, and the blue wording denotes the amendments proposed
by the Planning Department and other County agencies.
Planner Plunkett gave a brief presentation that gave some background of the process to amend the
CDP, the reason for its initiation, and what the next steps would be. He explained that after the Action
Committee had submitted their recommended changes, the Planning Department had discovered
additional items that required amending such as the plan’s narrative and actions. Planning Department
staff had cross-referenced the language of the plan with the Hawai‘i County Code and Hawai‘i Revised
Statutes, and had additionally sought consultation from other County departments and agencies.
The slides used in this presentation \[Communication Number 2019-13\] may be viewed and
downloaded from the following website:
http://records.hawaiicounty.gov/Weblink/1/doc/100308/Page1.aspx
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Following his presentation, the Action Committee and members of the public were welcomed to share
their viewpoints.
Committee Member Kimura stated that implementation of the CDP since adoption has been very
difficult. She noted that the plan has gone so far as to almost completely block development in general
in the Kona area. She asked if it was the overall goal of the plan to prevent any development from
happening and if so asked if they should be having that conversation with the community instead.
Committee Member Rivera stated that the CDP has effectively acted as a moratorium for the Kona
area; its provisions cannot be abided and developers often fall short. He commended however that the
plan creates a voice for the community that spans across administrations and could be a powerful tool
if done the right way.
Committee Member Weber expressed concern that the implementation table had been edited to
remove the words “supplements/supersedes Hawai‘i County Code” but was not replaced with the
department responsible for implementation.
Nancy Pisicchio, an executive assistant to the Mayor, explained that the plan was adopted in 2008 by
ordinance which is a format that differed from previous regional plans that had been adopted by
resolution. She explained that at the time of its adoption they questioned if the plan had the ability to
amend the code, or if it was possible to create regional ordinances. She encouraged community
members in attendance to continue following the amendment package and to get involved in the
conversation.
Councilmember Eoff asked how much time the Action Committee had been provided to review the
amendments after the Planning Department submitted their recommendations. Staff responded that
they had initially shared the recommendations two weeks before and had submitted a second version,
noting the changes, after incorporating comments from Corporation Council the afternoon before
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(May 13).
Committee Member Palma-Glennie had several amendments that she found concerning which she
wanted to discuss. She additionally expressed that she had concerns about the CDP Amendment
process from the beginning.
\[Note: this section of the minutes is meant to be read alongside the CDP Amendment Package –
Communication Number 2019-11\]
TRAN-1.1 – Committee Member Palma-Glennie questioned why the word “designate” was
changed to “recommend” in the second sentence of this policy. Planner Plunkett responded
that the inability to change the roadway classification creates an unnecessary degree of
inflexibility as the maps cannot be updated without going through the CDP amendment
process.
TRAN-1.4 – Committee Member Palma-Glennie asked why the word “would” was changed to
“could” in the second sentence this policy. Staff clarified that the original CDP used the word
“will”, the Action Committee suggested changing the word to “would”, and Planning Staff
recommended “could”. Planner Plunkett explained that the change came from working with
the County Subdivision Planners and was intended to create more flexibility in case of any
unexpected circumstances.
Action TRAN-1.5a(2)(a) – Committee Member Palma-Glennie suggested that this section of the
policy be amended or deleted because the area for the roadway is narrow and surrounded by
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sensitive natural and cultural resources. Planner Plunket responded that her point is valid but
that it might be an item for a future comprehensive review.
Land Use 4.2.2 Overall Strategy (1.) (d) and (e) (page 19) – Committee Member Palma-Glennie
questioned changing the “will” to “may” and “shall” to “should” respectively in these narrative
bullet points. Planner Plunkett responded that these mandating policies could create liability
for the County if the resources do not exist. Deputy Corporation Counsel Ron Kim added that
loosening the language also creates flexibility in the case that funding opportunities come from
other sources, using the State Revolving Fund as an example.
Policy LU-2.5 – Committee Member Palma-Glennie asked why the word “conceptual” was
added before the words “master plan” in this and other policies. Nancy Pisicchio responded
that the language was added to give consistency with the Project District application
requirements stated in the County Code.
Environmental Resources 4.3.2 Overall Strategy (4.) – Committee Member Palma-Glennie
suggested changing the “should” back to a “shall”. Planner Plunkett responded that the reason
“shall” was changed to “should” was that it created liability for the County. Ron Kim added that
this change is in line with the unpredictability of budgeting in the case that there is not enough
money to support the maintenance and that it does not clearly create parameters on what
would be considered “adequate funding.”
Vice-Chair David also expressed her objection to changing the “shall” to “should” in this
narrative. She reasoned that there could be public safety concerns if the public infrastructure is
not properly maintained.
Committee Member Weber agreed that the liability issues for the County need to be
considered and suggested that the sentence needs to be better spelled out to avoid those
issues. He expressed concern that if the CDP dictates the budget then it is competing with
County Council’s duties outlined in the County Charter.
Vice-Chair David stated that if they do not agree on every amendment, at least the County
Council would have the final word. She stood by her stance of keeping the “shall” in this
instance and offered that the Council should opt to change it back if necessary.
Staff Plunkett asked if this amendment could be considered for the future comprehensive
review, then suggested flagging it as such.
Policy ENV-1.2 – Committee Member Palma-Glennie asked why the words “it is recommended
that” was added to the policy. Staff Plunkett responded that the Kona Mauka Watershed
Partnership Action Plan has yet to be created.
Committee Member Rivera noted that the CDP will likely go through further amendments as it goes
through the process and he felt comfortable that they would be sought for input in the event that any
substantial changes are considered. He stated he was in favor of moving forward with the
amendments.
Chair Young expressed that he was comfortable with the process and that he felt the AC has
thoroughly vetted the CDP through the various stages of the amendment process thus far.
Councilmember Eoff stated that the Action Committee’s voice would hold a lot of weight while the
amendments move forward.
Committee Member Palma-Glennie said she would like to hear more of Michael Matsukawa’s points
and that the discussion he brought up should continue. She expressed looking forward to continuing
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the conversation as the CDP goes through the amendment process, and hoped that the AC is
consulted should the amendments stray the CDP away from its original vision.
Committee Member Kimura moved to approve Communication Number 2019-11 Kona CDP
Amendment Package. Second by Committee Member Rivera.
The Committee discussed that the amendments noted as appropriate for the future
comprehensive review will be recorded in the meeting’s minutes and do not need to be part of
the motion.
Committee Member Kimura stated that the comprehensive review will involve many more
suggestions and edits in a robust process. She noted that the amendments flagged for the
comprehensive review in this discussion would likely be only the beginning of that future
conversation.
Committee Member Weber stated that there should be plenty of opportunities to provide
input during the comprehensive review process.
Upon the motion to approve Communication Number 2019-11 Kona CDP Amendment Package, a vote
was taken. The motion passed with 6 votes aye and 1 vote kānalua.
Planning Director Yee reminded the Action Committee that the comprehensive review is not due to
begin until after the General Plan has been adopted and staff time is freed up from other projects. He
also shared his thoughts on the CIP process in relation to the CDP and to the Action Committee. He
suggested exploring how the CDPs can better influence the budget to get funding for community
projects in the future.
REPORTS and OTHER PRESENTATIONS:
4. Open Space Network Update.
Planner Kevin Sullivan presented on the current progress of the Kona Open Space Network Plan. His
presentation slides Communication Number 2019-14 can be viewed and downloaded from the
following website: http://records.hawaiicounty.gov/Weblink/1/doc/100309/Page1.aspx
Action Committee members asked clarifying questions and engaged in discussion. Community
Members suggested wanting to see nearshore coastal waters included as open space for
environmental conservation/protection; navigating partnerships with the State in relation to nearshore
water; prioritizing creating relationships and getting more people involved, and applying generous
consideration for cultural resources and practices as part of the planning process.
5. Presentation by Antu Harvey of Pulama ia Kona Regarding Hōlualoa Village and the proposed
formation of a Māmalahoa Kona Heritage Corridor.
Antu Harvey provided a brief overview of the efforts of her community group Pulama ia Kona and
identified the roadblocks they have encountered in maintaining and preserving the historic
Māmalahoa Kona Heritage Corridor. She asked for partnership with the Kona CDP Action Committee
and Long Range Planning staff as they continue on their mission. Her presentation, Communication
Number 2019-10, may be viewed and downloaded from the following website:
http://records.hawaiicounty.gov/Weblink/1/doc/100310/Page1.aspx
The Action Committee engaged in discussion in an effort to understand what their relationship with
this community group could look like and what they might be able to do to find solutions. They
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discussed the importance of compiling information, understanding potential funding sources, and
talking to decision-makers.
Director Yee explained how financing can be broken down into smaller hurdles and encouraged the
community group to use the Planning Department to leverage public-private partnerships.
Committee Member Kimura suggested collecting survey data and topographical maps for the area. She
explained that understanding the boundaries of roadside encroachments and compiling and
presenting these facts to stakeholders and would be greatly beneficial for grant seeking.
Committee Member Rivera suggested developing a community consensus on the specific elements of
their vision – for example: being able to identify the ideal location of sidewalks, where the road needs
to stay narrow, where it could be widened for safety reasons, suggested width of these sidewalks, etc.
would be valuable information and would save effort in the future.
The Action Committee generally agreed to maintain a community partnership with this group, which
could mean helping them to have their voice heard by decision-makers, providing Planning expertise,
endorsing their mission, and helping to bridge communications as the need arises.
6. Ali'i Parkway Investigatory Subcommittee.
Committee Member Kimura moved to defer agenda items 6 and 7 for a future meeting. Second by
Committee Member Weber. The motion to defer the agenda items passed unanimously.
BUSINESS (continued):
7. PONC Investigatory Subcommittee Proposal.
Deferred.
PROPOSED AGENDA ITEMS FOR NEXT MEETING: (June 12, 2019)
ADJOURNMENT: The Chair, without objection, adjourned the meeting at 9:15 p.m.
All Action Committee information can be viewed and downloaded from our website:
http://www.hawaiicountycdp.info/north-and-south-kona-cdp
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