HomeMy WebLinkAbout2016-03-30 KCDP Minutes Final1
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Kona Community Development Plan Action Committee
County of Hawaii
Final Minutes
Meeting Date: March 30, 2016
Call to Order 2:00 p.m.
Place: Kona Planning Conference Room. Bldg. E, 2nd Floor
West Hawai'i Civic Center
74-5044 Ane Keohokalole Highway
Kailua-Kona, Hawaii 96740
12 Roll Call:
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1. Members Present: George (Keoki) Schattauer Jr., Kari Kimura, Barbara DeFranco,
Hiram Rivera, Greg Ogin and Douglas Payne
2. Planning Department: Terry Dunlap
3. Public in attendance: Jeff Zimpfer, Janice Palma -Glenne, Karen Eoff, Riley Smith,
Peter Young, Michael Shibata, Nancy Carr Smith, Ken Melrose, Michael Riehm, Richard
Wheeler, Jim McClean, Ross Wilson, Maile David, Bobby Command, Bill Moore and Chris
Oakes.
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21 The meeting was called to order by the chair, Hiram Rivera, and introductions of AC members followed.
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23 STATEMENTS FROM THE PUBLIC REGARDING ITEMS ON AGENDA
24 1. Janice Palma -Glenne — comments on CDP force of law and term limits for Action Committee
25 members.
26 2. Ken Melrose — comments on disappointment of the Director's opinion on addressing whether
27 the ordinance adopting the KCDP also amended all of the other code provisions that the
28 KCDP stated it amended. Discussed the 8 year struggle to unlock the process for
29 projects to proceed. Problems with connectivity.
30 ADMINISTRATIVE MATTERS
31 1. Minutes were unanimously approved for January 27, 2016.
32 2. No addendum or supplemental agenda
33 3. No communications other than draft minutes.
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35 UNFINISHED BUSINESS
36 1. Legal opinion on the KCDP
37 Since the Planning Director was ill and unable to attend the meeting, a question was asked of
38 Terry as to whether he could answer questions about the letter on the legal opinion of the KCDP.
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Terry responded that he is unable to address the subject matter as it is a legal interpretation and is
outside of his expertise. The following comments were offered:
The letter was discussed with the Action Committee and attending members of the public.
Items discussed were:
• Will there only be one CDP island wide?
• The CDP was adopted without existing ordinances properly amended. Pg. 3,
paragraph 6, it is pointed out that the existing County Ordinances prevail.
• Goals and objectives are the guiding principles for the KCDP and that we should
move forward with this in mind.
• How will the Planning Department and the AC work together?
• Concurrency should focus on building specific roads. The subcommittee worked on
the concurrency plan which was enacted by plan and made recommendations to the
Planning Director to follow the County Code and utilize the level of service in
determining concurrency.
• The KCDP was enacted by plan with guiding principles as to where and how
development would grow. How will Planning review items such as roads and their
connectivity for concurrency plus how will Planning filter through the process
enacting capital improvements projects.
• The AC will be struggling in its new role.
• Some were more comfortable for the AC to operate now that the legal position has
been addressed. Where do we go from here? Our objectives will be Smart Growth
in the correct location and to establish walkable communities.
• A commented that the AC reviews are a grey area and the Planning Commission
exists to review projects.
• Revisions for Chapters 23 & 25 would affect all projects island wide and would not
work. The hope is that the new General Plan will allow KCDP to still exist.
• We should focus on principles and intent and not zoning changes.
• Minimum lot sizes should be reduced. Previously, the Director mentioned that the
General Plan would handle that.
• The KCDP will become a guide which will become more productive.
• TODs can be implemented in the General Plan.
• It was also mentioned that TODs cannot happen and that land planning should use
existing zones with consideration of adjacent lands.
• We need to look to the future in three ways:
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73 a. Connectivity
74 b. Guidance with disagreement for differences between developers and
75 the Planning Department
76 c. Guidance for goal interpretations and policy reinforcement
77 This will allow the KCDP to maintain its own autonomy.
78 • Open space needs to be kept in the forefront;
79 • Is the 1976 CDP vision of what, where and how are still there and the document is
80 still valid. Does it still fit the policy of the CDP?
81 • There is no financing to achieve concurrency as outlined in the KCDP.
82 • In the Missler's case, the question is still under appeal with the judge dealing with
83 the KCDP as a valid law. Should this opinion be brought before the County
84 Council? If we are unable to implement some situations of the KCDP, can the
85 County Council be informed?
86 • If we are not in compliance, then we have a quagmire.
87 • Recommended that we need an Action Statement: Change the Ordinance? This can
88 happen through the new General Plan.
89 • This is not all bad. This will provide direction to be utilized in the General Plan.
90 • Concerns about open space;
91 • We need a consultant for a redevelopment plan for the town of Kailua-Kona.
92 • The Open Space request will be on the final 2016-2017 budget.
93 Doug Payne made a motion to call for a special meeting to meet in April to further discuss
94 County Planning Department's legal opinion letter dated February 24, 2016 and to invite the
95 Director Duane Kanuha and Corporation Counsel Mr. Bill Brilhante to attend. An additional
96 request was also included to invite April Surprenant, Planning Program Manager for Long -
97 Range Planning Division to meet with the KCDP in May, 2016. Second by Greg Ogin with
98 unanimous approval.
99 2. Discussion followed for Hiram's draft letter to the Director in response to the Request for Legal
100 Opinion letter dated February 24, 2016.
101 A motion was made by Doug Payne and seconded by Greg Ogin to send the draft letter to Director
102 Kanuha for his review before the scheduled future meeting.
103 3. Business of Committee
104 Term limits were discussed including the following expiration dates for service:
105 • Greg Ogin's term expires in March 2016, and he cannot be reappointed. Greg has
106 agreed to continue serving until a replacement has been found or until he can no
107 longer serve.
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108 • Curtis Tyler III's term expires in March 2016; however, since he filled a previous
109 term and served less than one year, he is eligible for re -nomination and with
110 approval by the County Counsel, he can serve for a full 4 year term.
111 • Keoki Schattauer's term expires in June 2016 and he cannot be reappointed.
112 4. Subcommittee Reports
113 • No report from Open Space
114 • Greg read the draft Ad-hoc subcommittee report on implementing the KCDP a
115 copy of the report.is attached. Greg Ogin moved and Doug Payne seconded to
116 send a copy of this revised report to the director for his review and for discussion
117 at the next scheduled meeting.
118 • Doug Payne reported on the Statewide Traffic Improvement Plan (STIP) and that
119 widening of Kuakini Highway is scheduled. Discussion continued on Ali'i
120 Parkway and the importance of concurrency. Ken Melrose discussed that in the
121 past that the only roads being built were by developers and that the KCDP was
122 correct in addressing concurrency requirements with the County. Barbara
123 DeFranco asked that these subjects be placed on a future agenda. Doug Payne also
124 noted that Alii Parkway and Kealakehe parkway have been removed from the
125 STIP.
126 5. Motion to adjourn
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