HomeMy WebLinkAboutPC S.D. 8-28-12 Minutes KAUAI PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
August 28, 2012
The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai
was called to order by Chair Herman Texeira, at 8:37 a.m., at the Lihue Civic Center, Moikeha
Building, in meeting room 2A-213. The following Commissioners were present:
Mr. Hartwell Blake
Ms. Camilla Matsumoto
Mr. Herman Texeira
Discussion of the meeting, in effect;. ensued:
CALL TO ORDER
Chair Texeira called the meeting to order at 8:37 a.m.
APPROVAL OF AGENDA
Staff planner Dale Cua noted a correction to item D.2.a. of the agenda: "xx-lot
Subdivision" should be"12-lot Subdivision".
Commissioner Matsumoto requested moving agenda item D.2.a, regarding S-99-45,to
the end of the agenda.
On the motion made by Camilla Matsumoto and seconded by Hartwell Blake to
approve the agenda as amended, the motion carried by unanimous voice vote.
MINUTES OF THE MEETING OF JULY 24, 2012
On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve
the minutes of July 24, 2012, the motion carried by unanimous voice vote,
PUBLIC COMMENT FOR LISTED AGENDA ITEMS
There were not comments from the public.
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OCT 0 9 2012
COMMUNICATIONS
There were no communications.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS (For Action)
Final Subdivision Action
5-2010-12=State DLNR Land Division 2-lot Subdivision TMK: 4-6-003:004 10 21
34, Kapahi, Kauai.,
Mr. Cua stated that the proposal establishes one additional lot within the State
conservation land use district and the intent was to accommodate the extension of the existing
water tank site. The final subdivision map has been reviewed by the various reviewing agencies
and all of the final approval letters have been received. They are recommending final
subdivision approval of the application.
There was no public testimony.
On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve
final subdivision action for 5-2010-12=State DLNR,Land Division, TMK: 4-6-003: 04, 10,
21, 34, Kapahi, Hawaii,the motion carried by unanimous voice vote.
Tentative Subdivision Extension Requests:
5-200.6-27=Grove Farm Properties Inc. 26-lot Subdivision, TMK: 3-3-003:041, Lihue,
Kauai.
Mr. Cua stated that this is the third extension request for this application. He referenced
the exhibit map that identifies the different projects under Grove Farm. This project is in the
upper left corner of the map, immediately adjacent to Ulu Ko Park. All of the developments are
tied into one another and they are trying to organize and determine the infrastructure
requirements and when to build. Public Works and Water Departments have no objections to the
extension request and the Planning Department is recommending the extension be granted to
January 13, 2014 with the provision that if the applicant seeks a further extension they would
need to submit an updated status report.
Commissioner Matsumoto questioned the order of the applications.
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Mr. Cua stated that there was no order to the applications. Based on the topography, it
would be to their benefit to start in the areas closest to the golf course and work their way down.
Commissioner Blake questioned why it has taken three years to figure the alignment of
the road.
Mr. Cua stated that the alignment was heavily debated, especially at the County Council.
Commissioner Blake questioned if the debate was between Departments or between the
applicant and the County.
Mr. Cua stated that the maps indicate what was initially represented.. When the applicant
appeared before the Commission in 2006 the existing residents objected to the alignment of the
roadway and petitioned the Council to realign the road away from the existing development.
Time was spent on debating the alignment and it was set through Ordinance.
Mr, David Hinazumi representing Grove Farm Properties stated that they would
appreciate an extension of the subdivision requests. Unfortunately the review process for the
construction plans is taking extremely long from submittal to review from the agencies. They
can respond as timely as possible, but they would first need the agency comments. That is the
reason they have been stuck for so long.
Commissioner Blake stated that it appears all the delays are with the County. He
questioned if the Public Works Department is under any time constraints. He also questioned the
difficulty and if anyone was looking at the plans.
Chair Texeira concurred with Commissioner Blake. He questioned how the phasing
would move forward.
Mr. Hinazumi stated that it would be a matter of Public Works reviewing the plans.
Chair Texeira noted that it seems economically timely since the market has not been
favorable for real estate development.
Commissioner Matsumoto questioned if that was the main obstacle.
Mr. Hinazumi stated that is one of the main obstacles, but within the individual
subdivisions they would still need to look at the interior roadways, how the lots are set up, but it
would depend on how quickly they can get a response from the County.
Commissioner Matsumoto stated that it would hopefully happen within the time frame
they are requesting.
There was no public testimony.
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On the motion by Hartwell Blake and seconded by Camilla Matsumoto to approve
tentative subdivision extension request 5-2006-27=Grove Farm Properties, Inc., 26-lot
Subdivision, TMK: 3-3-003:041, Kapaa, Kauai, the motion carried by unanimous voice
vote,
5-2009-13=Grove Farm Properties, Inc., 57-lot Subdivision, TMK: 3-3-003:041, Lihue,
Kauai.
5-2009-14=Grove Farm Properties, Inc., 63-lot Subdivision, TMK: 3-3-003:041, Lihue,
Kauai.
5-2009-15=Grove Farm Prol2erties, Inc. 109-lot Subdivision TMK: 3-3-003:041
Lihue, Kauai.
Mr. Cua stated that the next three applications involve the same area,the Waiola
residential subdivision. The area is being phased and is identified as Waiola 1, II, and III: The
applicant is trying to coordinate the infrastructure improvements with the residential
developments in this area. The construction plans are currently being reviewed. This is the third
extension request for this application. The application has been reviewed by the Public Works
and Water Departments and they have no objections to the extension request. The Department is
recommending an extension to March 10, 2013 with the provision that if the applicant seeks an
additional extension request, they would need to submit a status report. Based on Commissioner
Blake's testimony, perhaps the Department would like to propose that the extension request be
extended to 2014 for the next three applications,
Commissioner Blake noted when there are delays, the price goes up, they still pay the
bills, and the interest rates climb. They have already received preliminary approval so they are
basically satisfied with what the applicant wants to do,but there are delays. Constant delays
raise the price of the final product, so it is not good for the people. They hold applicants to a
reasonable schedule to finish and he thinks something should be done on a deadline for the
agencies to act.
Commissioner Matsumoto agreed with Commissioner Blake.
Chair Texeira questioned if the three extension requests can be lumped into one, since
they are all the same.
Mr. Cua stated that they would do separate]notions for each application, but as far as
action, they can do them all as one.
Mr. Hinazumi stated that the first two applications, 5-2009-13 and 5-2009-14 should be
in the final stages. The third application, 5-2009-15, may take longer because it has been sitting
for 18 months since they submitted their plans without receiving any reviews back. They can
move only as fast as the agencies will allow,but they would appreciate the extension for all
three.
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Chair Texeira questioned if the applicant is in agreement with the January 13, 2014 date.
Mr. Hinazumi was in agreement.
Chair Texeira clarified that the applicant is uncertain that they will be able to comply
with the deadline for 5-2009-15. He recommended extension to 2014.
There was no public testimony.
On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve
tentative subdivision extension request for 5-2009-13, Grove Farm Properties,Inc., TMK:
3-3-003:041, Lihue,Kauai with the extension date being January 13, 2014, the motion
carried by unanimous voice vote.
On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve
tentative subdivision extension request for 5-2009-14, Grove Farm Properties, Inc., TMK:
3-3-003:041, Lihue, Kauai with the extension date being January 13, 2014, the motion
carried by unanimous voice vote.
On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve
tentative subdivision extension request for 5-2009-15, Grove Farm Properties, Inc.,TMK:
3-3-003:041, Lihue,Kauai with the extension date being January 13, 2014, the motion
carried by unanimous voice vote.
5-2009-21=Grove Farm Properties, Inc., 21-lot Subdivision, TMK: 3-3-003:041, Lihue
Kauai.
Chair Texeira noted that some property will be taken from the golf course. He
questioned if the golf course would be realigned.
Mr. Hinazumi stated that the current hole number 1, the entrance to Pua Kea Golf Course,
is where the subdivision would sit. The whole area would be pulled off the roadway and more
towards the center of the course where the driving range is located. It will still remain 18 holes.
On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve
tentative subdivision extension request for 5-2009-21, Grove Farm Properties, Inc., TMK:
3-3-003:041, Lihue, Kauai,with the extension noted as January 13, 2014, the motion
carried by unanimous voice vote.
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5-99-45 Allen Family LLC1Moloaa BaVentures, LLC/Thr ee Stooges, LLC 12—lot
Subdivision, TMK: 4-3-003:001, Kapaa, Kauai.
Mr. Cua stated that the 12 lot subdivision in Kapaa is situated around the middle school
on the plateau. The applicant is continuing to resolve the infrastructure requirements for this
project. The subdivision report notes that there has been no progress with the subdivision from
the standpoint that construction plans haven't been finalized. The Department recommended at
the last subdivision committee meeting in 2000 that there should be no more extensions for this
project because of lack of progress. By allowing the application to lapse, it will not prevent the
applicant or future potential buyer from applying again. The tentative approval does not
constitute the one time subdivision limitation for this property, therefore it can be subdivided
again. As a result, the Department is recommending that the extension request be denied.
Planning Director Michael Dahilig stated that it is consistent with a recommendation that
they made a year ago. This is the tenth extension request dating back to the initial approval in
1999. After 13 years, they think that a lot of the delays,particularly with respect to the
infrastructure negotiations, may be self-induced and related to matters outside of the scope of
what was originally proposed for the subdivision. They think it would be appropriate for the full
Commission to review as there may be certain questions that need to be addressed.. The
Department is requesting a one meeting deferral on the matter and to reschedule for the
Committee on September 11.
Chair-Texeira questioned if they need to obtain information from the applicant's
representative or if they can just defer and receive the report to the Commission at the next
meeting.
Mr. Dahilig stated that it would be the Chair's prerogative.
Mr. Max Graham, representing the applicant, requested extending the deadline another 60
days and they will report back in two weeks.
Mr. Dahilig noted that even though the extension request is received before the deadline,
if the Commission choses to do the extension, it would be retroactive to the August 31 date for
another year.
On the motion by Camilla Matsumoto and seconded by Hartwell Blake to defer the
agenda item to the September 11,2012 subdivision meeting, the motion carried by
unanimous voice vote.
Chair Texeira questioned.if the agenda item will be before the Subdivision Committee as
well as the full Commission or bypass the Subdivision Committee.
Mr. Dahilig noted that the decision of the Committee is advisory and the full effect of the
action comes as a consequence of action by the full Commission.
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Chair Texeira clarified that it will be before the Committee and then the full Commission.
ADJOURNMENT
The Committee adjourned the meeting at 9:09 a.m.
Respectfully submitted by:
D e a ca>m tsu,
Commission Support Cleric
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