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HomeMy WebLinkAbout2018-03-13 KCDP Minutes FinalHarry Kim Mayor County of Hawaii 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, March 13, 2018 DRAFT Meeting Minutes Michael Yee Director Daryn Arai Deputy Director CALL TO ORDER Chair Young called the Kona Community Development Plan (KCDP) Action Committee (AC) to order at 2:05 p.m. in the West Hawai'i Civic Center — Planning Department Conference Room. The following persons were present: ROLL CALL Action Committee Members Present: Charles Young (Chair), Shirley David (Vice -Chair), Kari Kimura, Shane Palacat-Nelsen, Janice Palma-Glennie, Arnold Rabin, and Hiram Rivera. Action Committee Members Absent -Excused: Barbara DeFranco, and Doug Payne. Staff: Michael Yee — Planning Director; April Surprenant — Long Range Planning Program Manager; Keola Childs — Kona CDP Planner; and Heather Bartlett — Planner. Members of the public: 5 ADDITIONS TO THE AGENDA: NONE ANNOUNCEMENTS: At the start of the meeting Chair Young offered an 'olelo no'eau to the Action Committee and encouraged other members to do the same in future meetings. 'A'ohe hana nui ke alu 'ia. "No task is too big when done together by all." PUBLIC COMMENT ON AGENDA ITEMS: One person signed up to provide comment. He chose to speak at the start of the meeting. 1. Ken Melrose, representing himself, testified on agenda item #2.Mr. Melrose thanked the Action Committee for his opportunity to testify, and the Mayor's office for initiating the CDP amendment process. He stated his overall support for the CDP Amendment Subcommittee's report [Communication Number 2018-08] with particular support for the Subcommittee's proposal to retain the original wording for CDP policies LU -1.5: Shoreline Setback and PUB -4.2: South Kona Water System. Communication No. 2018-12: Ken Melrose Written Testimony may be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/92428/Pagel.aspx Hawai `i County is an Equal Opportunity Provider and Employer Page 1 APPROVAL OF MINUTES: Committee Member Palacat-Nelsen moved to approve the minutes of the February 21, 2018 meeting as submitted. Second by Vice -Chair David. Committee Member Rabin requested that the minutes be amended to include discussion about hosting meetings in South Kona under item 5: Discussion of 2018 AC Meeting Dates and Goal Setting. Committee Member Palacat-Nelsen moved to amend his motion to state the words "to include South Kona" on page 6 under the discussion about meeting dates. Second by Vice -Chair David. The amendment to the motion passed unanimously with 7 votes aye, 0 votes nay. The motion to approve the minutes as amended passed with 7 votes aye, 0 votes nay. REPORTS and OTHER PRESENTATIONS: 1. Kailua Village Redevelopment Subcommittee Report Discussion and Action. Chair Young requested moving this agenda item to the end of the meeting in anticipation of the late arrival of the Chair of the Kailua Village Redevelopment Subcommittee Barbara DeFranco. Committee Member DeFranco was not able to attend and this item was ultimately postponed to be addressed at the next meeting. BUSINESS: 2. Communication Number 2018-08: Kona CDP Amendments Subcommittee Report: Response and Discussion. Chair Young requested that with the complicated nature of the report they discuss the most complicated topics first. He asked the Chair of the Kona CDP Amendments Subcommittee Shane Palacat-Nelsen to facilitate discussion. Committee Member Palacat-Nelsen asked Action Committee members to suggest policies or topics in the report for discussion. The Action Committee opted for general group agreements rather than formal motions to aid this discussion. The Kona CDP Amendments Subcommittee Report [Communication Number 2018-08] shows the policy language used for this discussion and provides context necessary to understand the discussion summary. The Mayor's Office's proposed amendments shown in red in the communication are referred to as the "original proposed amendments". Policy PUB -4.2: South Kona Water System. For this policy the subcommittee recommended maintaining the word "shall" instead of the original proposed amendment to change it to "should". Committee Member Rabin recommended to the Action Committee deleting the entire policy from the CDP. He explained that he felt the issue of sprawl in South Kona would be better solved by way of stricter zoning regulations than by restricting County water. Additionally, he felt that restricting water would be a detriment to farmers in the area. See also Committee Member Rabin's letter regarding this issue [Communication No. 2018-09]. Committee Member Palma-Glennie responded that the policy was originally drafted in response to requests from the South Kona community to limit water availability in order to deter development in the area. www.hiplanninj dept.com kona(aihawaiicounty.Qov Page 2 Chair Young expressed that the County should prioritize servicing the communities that are already established [such as Ho'okena Village] before considering extending the waterline for new developments. He also stated that he hasn't seen a lack of water impact the prospect of new development and that he feels the area experiences enough rainfall to support most of the crops grown there [coffee, sweet potato, etc.] Vice -Chair David expressed concern that by considering deleting policies the Committee is straying too far beyond just changing "shalls" and "shoulds". Committee Member Palacat-Nelsen asked the AC if they had a unanimous agreement to keep their recommendation regarding this policy as stated in the subcommittee report. The group responded favorably and no objections were heard. Policy PUB -4.5: Wastewater Treatment and Effluent Reuse. Committee Member Kimura suggested changing the word "of" in this policy to "from" to enable developments located adjacent to Hina Lani Street to connect to the Kealakehe Sewer Treatment system. She believed this would allow development on the north side of Hina Lani to connect and therefore could reduce negative environmental impacts. Committee Member Rivera suggested removing the word "south" from this policy to further reinforce this intent. Committee Member Palacat-Nelsen asked the Committee if they had a unanimous agreement to change the word "of" to "from" and to delete the word "south" in the Action Committee's recommendation regarding this policy. The group responded favorably and no objections were heard. PolicyTRAN-1.1: Official Transportation Network Map & PolicyTRAN-6.1: Official Concurrency Map. Committee Member Rivera read the summary of Roy Takemoto's explanation of the concurrency requirements as written in the February 21 minutes and asked for clarification. Mr. Takemoto explained that the current concurrency requirements exceed what is proportional to the impact of development, and that developers are often either expected to wait until the government can initiate construction or else opt to construct the roadway themselves. He also stated that development agreements are utilized for larger projects. Mr. Takemoto explained that his version of the policy reduces the burden on developers of having to build these roadway improvements and instead requires them to define a right-of-way through metes and bounds. He reiterated his previous statement that there are sections of the concurrency map where the alignment is not clearly defined. Mr. Takemoto went on to suggest that funds from the Fair Share account could be used to do the preliminary engineering for these roadways. Mr. Takemoto also explained that his policy also creates consistency with the Zoning Code in which concurrency requirements kick in once a project triggers the Zoning Code requirement to present a Traffic Impact Analysis Report (TIAR) a part of a rezoning application. Mr. Takemoto suggested that the segment of text that the subcommittee proposed moving from TRAN-1.1 to TRAN-6.1 [colored in green on the report], would be best kept where it was originally written [TRAN-1.1]. He explained that this is because the Official Transportation Map [TRAN-1.1] applies to the whole district of Kona whereas the Official Concurrency Map [TRAN- www.hiplanninj dept.com kona(aihawaiicounty.Qov Page 3 6.1] applies only to Kona's urban area. If the segment is written under TRAN-1.1 it would apply to the larger area. Committee Member Palacat-Nelsen asked the AC if they had a unanimous agreement to keep the segment of text in TRAN-1.1 in their recommendation. The AC responded favorably and no objections were heard. Mr. Childs asked the Action Committee about the language changes the subcommittee had suggested to the same segment of text. Mr. Takemoto generally agreed that the changes the Subcommittee proposed seem reasonable. The AC agreed to keep the subcommittee's proposed language changes in the Action Committee's recommendation. The Action Committee read through the remaining subcommittee amendments to TRAN-6.1, which involved removing a significant portion of text that had been originally proposed. It was explained that this would additionally remove reference to Table 4-1. The Action Committee generally agreed to keep this proposed subcommittee amendment in their recommendation. Mr. Takemoto had two comments, the first was that TIARs are very project specific and not well tailored to a regional network analysis. The second was that many of the roadways listed under concurrency section have already been completed, therefore there is not much left to define. Table 4-1: Concurrency Table The subcommittee had proposed changing the title of this table to "Concurrency Roadway Description Table" and keeping all of the completed roadways which had been deleted in the original proposed amendments. The Action Committee generally agreed to keep this amendment in their recommendation and there were no objections heard. Policy TRAN-1.5: Frontage Road. Committee Member Palma-Glennie proposed amending this policy to exempt Kaloko- Honokohau National Park from being included in the roadway system by deleting the words "Makai of Queen Ka'ahumanu Highway" from the policy recommendation. She referenced an old map created by the Department of Transportation which depicted a proposed road running through the park. Mr. Takemoto commented this may be unnecessary because there is no intent to continue the frontage road through the park as seen by current plans for the intersection above the Honokohau harbor. Policy TRAN-6.2: Prioritized Road Improvements. Committee Member Palacat-Nelsen brought this section to the Action Committee's attention to finish off discussion about concurrency before moving on to other topics. The Action Committee generally agreed that the completed streets should still be listed in the CDP and marked as complete as a mark of accomplishment. PolicyTRAN-1.2: Trunk Line. www.hiplanninj dept.com kona(aihawaiicounty.Qov Page 4 Committee Member Palma-Glennie suggested not changing the first "shall" to "should" in this policy because she felt that would remove the requirement to make Ane Keohokalole a trunk transit route. Mr. Takemoto responded that replacing the "shall" would give deference to the Island -wide Mass Transit Plan which already defines the road as a major transit way. The Action Committee unanimously agreed that the first "shall" could remain in their recommendation for this policy. For the second sentence in the policy, the Action Committee discussed changing the "should" [which was originally "will" in the CDP as adopted] to "shall" for the same reason. The Action Committee unanimously agreed to this change. However, further discussion on this revealed doubts as to the feasibility of having an additional dedicated transit way along the roadway and whether that would even be necessary within the 10-15 year horizon of the plan. The Action Committee then unanimously decided to change the word back to "should" [over-riding their earlier decision]. Further discussion also occurred to explain the definition of headways. The subcommittee's amendment to the last part of the paragraph attempts to remove confusion by bypassing the use of the word "headway" altogether. Policy TRAN-2.1: Connectivity Standards. Committee Member Palma-Glennie shared her concern for changing the "shall" to "should" in the second bullet of the policy. Ms. Surprenant shared her concern that the policy purports to amend code, which is an example of language within the CDP that has led to legal confusion. Mr. Childs recollected the discussion the subcommittee had on the matter which included concerns about topography or archeological impediments which could make this mandating language infeasible. Chair Young shared his opinion that the language needs to be loosened to allow for desired forms of development, such as affordable housing. The Committee discussed how the words could be edited to get the most desirable outcome including adding the words "where practicable" to the policy. The Committee stressed the importance of being lenient enough to encourage desired development without completely negating connectivity standards. Due to the divided opinions of the Action Committee members on this topic, Committee Member Palma-Glennie requested a vote. Committee Member Palma-Glennie moved to change the word "should" to "shall" and to retain the words "where practicable" in Policy TRAN-2.1. Second by Vice -Chair David. The motion passed with 3 votes aye, 2 votes nay, and one vote kanalua [uncertain]. (Committee Member Palacat-Nelsen did not vote). Policy TRAN-3.2: Public Right -of -Way Maintenance. Committee Member Palma-Glennie proposed changing the "should" to "shall" in this policy recommendation. She expressed concern for the quality of roadway maintenance in Kona and felt more should be done to enhance it. Mr. Takemoto agreed with Ms. Palma-Glennie's sentiment that landscaping needs more attention in Kona but stated that he was happy either way with this amendment. www.hiplanninj dept.com kona(aihawaiicounty.Qov Page 5 The Action Committee discussed softening this policy to accommodate for a lack of funding to implement it. Committee Member Rabin asked if it would be possible to include a provision against the use of Roundup in this policy. The Action Committee generally agreed that this would go beyond their charge to simply amend the CDP to correct legal confusion. Committee Members expressed some opposition to changing the "should" to a "shall" due to a potential of decreasing the flexibility range of landscaping methods and possible budgetary constraints. In the end, the Action Committee generally agreed to change the word "should" to "shall" in their recommendation regarding this policy. Policy TRAN-3.3: Right -of -Way Landscaping. Committee Member Palma-Glennie proposed changing both of the "shoulds" to "shalls" in this policy. Mr. Childs asked if the addition of xeriscape landscaping in this policy would include incorporating certain types of drought resistant shade trees. The Action Committee discussed the pros and cons of using native plants as landscaping, as some native plants are not very hardy. Committee Member Kimura expressed concern for changing these "shoulds" to "shalls" due to the potential to decrease the flexibility of landscaping design. The Action Committee generally agreed to keep both of the "shoulds" in their recommendation regarding this policy. Policy TRAN-3.4: Retrofit of Existing Streets. Committee Member Palma-Glennie proposed changing the word "should" back to "shall" in the Action Committee's recommendation for this policy. Mr. Takemoto explained his concern about a lack of flexibility for every situation which could be effected by this policy. The Action Committee unanimously agreed to keep the word "should" in their recommendation. Policy TRAN-3.8: Inter -Modal Connections. Committee Member Palma-Glennie proposed changing the first "should" back to "will" in the first bullet of this policy. Mr. Childs expressed concern for flexibility with regard to defining the exact location of a transit station in pre-existing TODs. He explained that due to slow development growth in Kona, it may be hard to predict where an ideal location may be in the future. Committee Member Palacat-Nelsen expressed his desire to move this report on to the administration in order to begin the next steps to the legislative process. He reminded the Action Committee that they had several opportunities to submit their testimony regarding the CDP amendments during the time the Subcommittee was meeting. Committee Member Palacat-Nelsen moved to accept the KCDP amendments subcommittee report Communication 2018-08 in its entirety [with the amendments discussed at this meeting] and forward a www.hiplanninj dept.com kona(aihawaiicounty.Qov Page 6 favorable recommendation thereon to the Planning Director for his use in forwarding in a timely manner those portions of the proposed amendments which at this time he deems appropriate to the Leeward Planning Commission for their consideration. Second by Vice -Chair David. Note: the bracketed text was clarified in discussion after the motion was made. Chair Young expressed that he felt the major items had been tackled and that there will be opportunities to discuss more issues in the future. He expressed an overall desire to move the task out of the hands of the Action Committee, understanding that they will still have a level of involvement within the legislative process. The Action Committee discussed the length of time taken to explore matters which go beyond trying to solve legal confusion or ambiguity. Many felt that the overall desire to expedite the interim amendment process was getting lost in issues which may not have much consequence considering the short length of time before the next comprehensive review. Staff explained that after the amendment document passes through the Action Committee it will go to the Planning Department for review and comment. The amendments will be circulated around other County Departments for their comment during that time as well. If any major amendments are made to the document, it will be brought back to the Action Committee prior to beginning the legislative process. In the legislative process the amendments will first be provided to the Planning Commission for passage to County Council. During this thorough vetting process, the County Council has the opportunity to make changes and eventually vote on adopting these amendments. In this stage of the process, the public as well as Action Committee members will have opportunities to express their thoughts on the amendments before the CDP is officially amended. Upon this motion a vote was taken. The motion passed unanimously with 6 votes aye, 0 votes nay. (Committee Member Rabin was not present at the time of the vote). Committee Member Rivera asked about a developer who owns a 12 acre property in a TOD area in Kona, he explained that the developer is blocked by wording in the CDP because the property is too small to become a Project District. He asked how this issue could be discussed by the Action Committee in hopes to find a solution. Chair Young suggested providing more details about the project and specific language in the CDP and offered to add this item onto the next meeting agenda. Communication No. 2018-08: Kona CDP Amendments Subcommittee Report may be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/92186/Pagel.aspx Communication No. 2018-13: Janice Palma-Glennie CDP Amendments may be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/92429/Pagel.aspx 3. Discussion of 2018 Goal Setting. Vice -Chair David moved to postpone this agenda item for a future meeting. Second by Committee Member Rivera. The motion passed unanimously with 6 votes aye, 0 votes nay. (Committee Member Rabin was not present at the time of the vote). AGENDA FOR NEXT MEETING: (April 10, 2018) 1. Kailua Village Redevelopment Subcommittee Report Discussion [postponed] www.hiplanninj dept.com kona(aihawaiicounty.Qov Page 7 2. 2018 Goal Setting [postponed] 3. CDP Amendment Discussion [continued if requested by Chair or members of the committee] ADJOURNMENT: The Chair, without objection, adjourned the meeting at 4:49 p.m. All Action Committee information can be viewed and downloaded from our website: http://www.hawaiicountvcdp.info/north-and-south-kona-cdp www.hiplanninj dept.com kona(aihawaiicountv.Qov Page 8