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HomeMy WebLinkAboutpcsdcminutes7-24-12-1 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING July 24, 2012 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Chair Herman Texeira, at 8:12 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. 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 8:12 a.m. APPROVAL OF AGENDA On the motion made by Camilla Matsumoto and seconded by Hartwell Blake to approve the agenda, the motion carried by unanimous voice vote. MINUTES OF THE MEETING OF JUNE 26, 2012 On the motion by Hartwell Blake and seconded by Camilla Matsumoto to approve the minutes of.Tune 26 2012 as circulated, the motion carried by unanimous voice vote. GENERAL BUSINESS MATTERS None COMMUNICATIONS None UNFINISHED BUSINESS None 1 VA12012 Master Tiles\Commissions\Subdivisions\201.2-7-24 Subdivision Committee Minutes AUG 2 8 2012 NEW BUSINESS (For Action) Tentative Subdivision Action S-2012-11=.JAN 1NC (dba Sueoka Store) 11-Lot Consolidation, TMK: 2-8-008:020, 022-029 034 & 035 Koloa Kauai. Staff Planner Dale Cua noted that the first application is listed both for tentative subdivision action as well as a modification of requirement. The applicant is requesting a modification to deviate from the subdivision ordinance requirement to construct curbs, gutters, sidewalks for subdivision applications within the commercial zoning district. The applicant is proposing to consolidate 11 lots into a single lot and the property is within the Koloa town core. The proposal is consistent with previous land use permits that were applied for in 2008. As a requirement of the project development use permit PDU-2008-17,the applicant needed to consolidate the lots into a single lot in order to accommodate the future store expansion. The applicant is looking to deviate from the requirement to construct curbs, gutters, and sidewalks along the road way frontage and the requirement to defer the construction of improvements prior to final subdivision approval. The preliminary subdivision map has been routed to the various reviewing agencies and their requirements have been incorporated into the report. The Department is recommending tentative subdivision approval of the application as well as approval of the modifications of requirements. Commissioner Blake questioned deferral of infrastructure until final subdivision approval. Mr. Cua stated that whenever final subdivision approval is granted, the applicant tends to bond improvements in order to obtain final approval, but in this case the applicant is requesting to defer the improvements at the time of building permit. They are seeking final subdivision approval and enter into agreement with the County that at the time they come in for building permit application for expansion of the store, they will be required to construct the infrastructure at that time. The justification for approval of the request is based on a similar venue that has been conducted through the Department of Water through a non-development agreement. Chair Texeira questioned if this will be continued for other applications. Mr. Cua stated that every request will be treated as a case by case basis. Chair Texeira questioned the requirements of the application in addition to deferring the curbs and gutters. Mr. Cua stated that the applicant would still need to conduct a drainage study and conduct a traffic impact assessment report. He noted that in that stretch of Koloa Road, he is not aware of any curbs and gutters that exist. Chair Texeira questioned if there are any plans for curbs and gutters in the future. 2 VA2012 Master Piles\Commissions\Subdivisions\2012.7-24 Subdivision Committee Minutes Mr. Cua stated that if there are any plans in the future,they would be a part of the County's capital improvement projects. Chair Texeira expressed concern that the applicant is asking the County to pick up their cost at some point in time. Mr. Cua clarified that the applicant could conceivably construct curbs, gutters,and sidewalks along the store front, but it would be the only place that they would exist. Chair Texeira suggested the possibility of allocating money. Mr. Cua stated that it could be possibility but the challenge would be that there are existing structures that are built up to the property lines. If the County were to acquire lands in order to make these improvements,the only realistic way to accommodate the improvements would be to eliminate the on street parking. He did not feel it would be realistic. Roger Caires, the representative for the applicant had no comments regarding the staff report. Commissioner Blake questioned when construction would begin if tentative subdivision approval is granted. Mr. Rod Sueoka representing Sueoka Store stated that it would hinder on the Koloa Poipu area development. He stated that they are currently working on a photovoltaic system and improving the existing store, but they are not currently focusing on expansion due to the economy. Commissioner Matsumoto noted that as much as it rains, she has never observed flooding in that particular area. Commissioner Blake questioned the mid-block crosswalk at Koloa Road which needs to be addressed for vehicular and pedestrian safety and if that would fall on Sueoka Store or on Public Works. Mr. Cua stated that it appears that the traffic impact analysis report would have to address that concern. Commissioner Blake stated that the Koloa Community has been talking about crosswalk improvements for years. He didn't feel that the responsibility should fall on Sueoka Store when they still aren't sure what they will be doing. He stated that the problem should be addressed by Public Works. Chair Texeira questioned how the Committee can address the concern. Mr. Cua stated that his observation has been that the most efficient way has been for the community to bring it to the attention of the Administration. 3 VA2012 Master Piles\Commissions\Subdivisions\20I2-7-24 subdivision Committee Minutes On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve tentative subdivision action for 5-2012-11=JAN, INC. (dba Sueoka Store) TMK: 2-8- 008:020, 022-029, 034 & 035,Koloa,Kauai,the motion carried by unanimous voice vote. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve the modification of requirements/condition action for 5-2012-11=JAN, INC. (dba Sueoka Store) TMK: 2-8-008:020, 022-029, 034 & 035, Koloa, Kauai,the motion carried by unanimous voice vote. 5-2012-13=State Department of Hawaiian Home lands (DHHL) 55-lot Subdivision, TMK: 4-8-022:089 Anahola Kauai. Mr. Cua stated that the proposal involves a 55-lot subdivision in Anahola, considered Phase II of the Piilani Mai Ke Kai Subdivision. The development is regarded as the 6th increment of the Anahola residence lots. The subdivision map has been routed to the various reviewing agencies and their requirements have been incorporated into the report. The Department is recommending tentative subdivision approval of the application. Chair Texeira noted that it is a Hawaiian Home Lands Subdivision. Mr. Cua stated that Hawaiian Home Lands are legally exempt from land use law, but in working with this agency it has been their most current position to still go through the County process and comply with County laws. Commissioner Matsumoto noted that the lots are 10,000 square feet and questioned if they were consistent with the previous phases. Mr. Cua stated that because this area does not have sewer service,the Department of Health requires that for lots that are serviced by individual wastewater system the minimal lot be at least 10,000 square feet. Chair Texeira noted that the conditions state that eventually the County will be required to take over and maintain the improvements. Mr. Cua noted that is one of the reasons they want to build the infrastructure to County standards in the event that they decide to dedicate the roadways. Commissioner Blake questioned who maintains the roads until that happens. Mr. Cua noted that the County would not have jurisdiction on private roads. Commissioner Blake questioned if the roads are wide enough to accommodate emergency vehicles. 4 VA2012 Master Files\Commissions\Subdivisions\2412-7-24 Subdivision Committee Minutes Mr. Cua stated that they are currently designed to County standards. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve tentative subdivision action for S-2012-13=State Department of Hawaiian Home Lands, 55- Lot Subdivision,TMK: 4-8-022:089,Anahola, Kauai, the motion carried by unanimous voice vote. S-2012-15=County Department of Water/State DLNR/State DOT, 2-lot Subdivision, TMK: 1-2-006:018 Waimea Kauai. Mr. Cua stated that the proposal establishes an additional lot within agriculture district to primarily accommodate the existing water tank facility above Waimea town. The subdivision map has been routed to the various reviewing agencies and their requirements have been incorporated into the report. The Department is recommending tentative subdivision approval of the application. Clyde Kodani,the authorized agent for the applicant,had no objections to the staff report. Commissioner Matsumoto questioned if the area is raised or flat. Mr. Kodani stated that the site where the water tank sits is in the flat, but it is on Waimea Canyon Drive so it is cut into the hillside. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve tentative subdivision action for S-2012-15=County Department of Water/State DLNR/State DOT, 2-lot Subdivision,TMK: 1-2-006:018,Waimea, Kauai, the motion carried by unanimous voice vote. S-2012-16--the Saiki Family Revocable Trust 8-Lot Subdivision TMK: 4-1-007:007, Wailua, Kauai. Mr. Cua stated that the proposal is considered phase II of the Saiki subdivision. The original application was processed through subdivision application S-8174 and received final subdivision approval by the Planning Commission on July 10, 1985. The subdivision map has been routed to the various reviewing agencies and their requirements have been incorporated into the report. The Department is recommending tentative subdivision approval of this application. Chair Texeira questioned the number of lots that were approved in 1985. Mr. Cua stated that he believed it was a 13-lot subdivision and this particular parcel was left as a remnant with the understanding that it would be developed at a later time. Chair Texeira clarified that this subdivision has nothing to do with the original application except that it is a remnant piece adjacent to that parcel. 5 VA2012 Master Filcs\Commissions\Subdivisions\2012-7-24 Subdivision Committee Minutes Mr. Cua stated that it was purposely left vacant. Chair Texeira questioned the average lot size. Mr. Cua stated that many of the lots are less than 10,000 square feet resulting in a requirement from the Health Department to address the minimal 10,000 square foot requirement. Chair Texeira questioned how it compares to the abutting lots in terms of the R6 designation. Mr. Cua stated that many of the adjacent lots are smaller in size however the Department of Health requirement was enacted in the mid 90s. Prior to that date, many of the subdivisions that have individual waste water systems are less than the minimum 10,000 square feet in size but still meet the minimal lot size requirement in that zoning district. Commissioner Blake questioned the solution to the wastewater issue. Mr. Cua stated that one option is applying for a waiver variance through the Department of Health or to amend the layout so each lot would meet the requirement. He stated that he was not sure of the distance between this property and the nearest sewer line but it would be an added expense to the development if they decide to keep the lot size. Commissioner Blake asked for clarification that the by the time the applicant comes for final approval the issues will be settled. Mr. Cua stated that the issues will be settled by the final approval. Tommy Oi, representing the Saiki family stated that there is an existing structure that they are trying to retain in the center of the property. He stated that in order to meet the setback requirements, they are limited to the size of the lots. The requirement of the Planning Department for restricting access on Nonou Road for lot 1 and 2 would probably result in the loss of one lot to address the situation. He stated that lot 1 would need to become a flag lot. Chair Texeira clarified that they would possibly end up with seven lots instead of eight. He questioned if they will be modifying the plans to try to retain that lot. Mr. Oi stated that he will try to talk to Public Works. He stated that he can restrict one of the two lots, but one would be difficult because they would have to adjust the entire configuration. Chair Texeira questioned if the existing home was one of the original homes in the house lots, built prior to 1960. Mr. Oi stated that he would say yes. 6 VA2012 Master Files\Commissions\Subdivisions\20I2-7-24 Subdivision Committee Minutes Mr. Cua stated that it was considered for historic eligibility because of its age. Mr. Oi stated that the home sits on 14,000 square feet. Chair Texeira questioned if this lot would be given special treatment because of the home. Mr. Cua stated that it would be the applicant's duty to try to resolve the requirements with the various agencies. In order for final approval all of the requirements would need to be met. Chair Texeira stated felt that as a subdivision committee, he would want to encourage salvaging some of the older homes. Mr. Oi stated that during the prior subdivision there was a drainage study. He noted that there are two catch basins along the property. He stated that the only way there would be a catch basin requirement is if the drainage report had been done for the property. He requested a waiver if he can locate the old drainage report. He didn't think that the drainage would change from what it was before. Mr. Cua stated that it has been the Department's position to have applicants work with the various agencies. If the applicant can provide the drainage report to Public Works, it may hopefully satisfy their drainage concerns. Mr. Oi stated that he can work with Public Works. On the motion by Camilla Matsumoto and seconded by Hartwell BIake to approve tentative subdivision action for S-2012-16=The Saiki Family Revocable Trust,TMK: 4-1- 007:007,Wailua Kauai, the motion carried by unanimous voice vote. S-2012-17=Lloyd M. Sako/Elizabeth Panzetta, 2-Lot Boundary Adjustment, TMK: 2-8- 012:0027 029 Koloa Kauai. Mr. Cua stated that the proposal redefines the boundaries between two existing lots located in Koloa. The preliminary subdivision map has been routed to the various reviewing agencies and their requirements have been incorporated into the subdivision report. As a result the Department is recommending tentative subdivision approval of this application. Chair Texeira questioned if it is an open, residential designation. Mr. Cua stated that it is zoned open district. Historically in the general plan the designation is residential community. Chair Texeira questioned how the consolidation would impact the open designation. 7 VA2012 Master Piles\Commissions\Subdivisions\2012-7-24 Subdivision Committee Minutes Mr. Cua stated that it doesn't affect the open designation,just moving boundary lines between the two properties. The applicant's representative was not available for comment and there was no testimony from the public. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve tentative subdivision action for 5-2012-17=Lloyd M. Sako/Elizabeth Panzetta,2-Lot Boundary Adjustment, TMK: 2-8-012:0027, 029, Koloa, Kauai,the motion carried by unanimous voice vote. 5-2012-18=Marilyn H. Planas/Frances Finau, 2-Lot Boundary Adjustment, TMK: 2-3- 003.018 019 Kalaheo Kauai. Mr. Cua stated that the proposal redefines the boundaries between two existing lots within he general commercial district located in the Kalaheo town core. The intent is to partition the properties between family members for ownership purposes. The preliminary subdivision map has been routed to the various reviewing agencies and their requirements have been incorporated into the subdivision report. The Department is recommending tentative subdivision approval of the application. The applicant's representative, Roger Caires, had no comments on the planner's report. Commissioner Blake questioned which public road provides access to the lots. Mr. Caires stated that there is access through the Ganansa tract private road that goes to both Papalina Road and the main highway. Along the Kalaheo Steak House is a private road that also accesses the road. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve tentative subdivision action for 5-2012-18=Marilyn H. Planas/Frances Finau, 2-Lot Boundary Adjustment, TMK: 2-3-003:018, 019, Kalaheo, Kauai, the motion carried by unanimous voice vote. 5-2012-20=Barbara C. Childers/Greg Holtzman, 2-Lot Boundary Adjustment, TMK: 1-3- 005:080 100 Kehaha Kauai. Mr. Cua stated that the proposal involves a 2-lot boundary adjustment between two existing properties in Kekaha. The intent is to accommodate existing improvements on the lots. The preliminary subdivision map has been routed to the various reviewing agencies and their requirements have been incorporated into the report. The Department is recommending tentative subdivision approval of the application. 8 V;\2012 Master riles\Commissions\Subdivisions\2012-7-24 Subdivision Committee Minutes The applicant's representative, Heather Harvey De Geus, stated that the applicant is doing a simple boundary adjustment. The properties are triangular and they are trying make them more conforming and in compliance with the length ratios of the subdivision ordinance. She stated that pursuant to the Subdivision Ordinance Article 4, Section 9-4.2 they are asking for a modification of two of the tentative conditions. She stated that the first can be supported through Ordinance 908 allowing them to remove unwarranted, off-site infrastructure improvements when there is no additional density being requested and there is no actual need for those requirements at this time and there are not new lots being created. She noted the condition is number 3.a.(l) asking for an extension of a 6-inch diameter line for approximately 350 feet along Kekaha Road. They are asking for it to be removed. The second item they are requesting to remove is Condition Lb. asking for a 3 foot wide future road widening reserve. She stated that they don't have a problem with establishment of the reserve. They are asking for a modification of the condition to not require that all structures that are in there be moved out of that reserve. She stated that it would create a hardship specifically to Mr. Holzman. She stated that to set it back 3 additional feet does not allow him to enter his driveway and maneuver into the existing carport. They are asking for a modification to not require that the structures have to be set back the additional 3 feet. She stated that they will be willing to agree to move them at their own cost in the future when and if the County ever needs the reserve. Chair Texeira asked for staff comments on the applicant's request. Mr. Cua stated that the request regarding the waiver for infrastructure requirements was not a problem. He stated that the Ordinance allows the Commission to waive certain requirements and this application meets the criteria. He stated that Condition l.b. was to serve as more of an advisory to accommodate the widening improvements if and when the County decides to widen the road to County standards, but there is no set date as to when the County will improve the road. If it occurs the applicant is at their own risk making improvements within the reserve. He stated that if the road is widened the County would follow a process to inform all of the land owners for the acquisition of the necessary land to accommodate the improvements. Commissioner Blake asked for verification that the applicant has agreed that if the Commission doesn't impose the condition, the understanding is that when the road is widened, the County will seek the 3 feet less the cost of any improvements. Mr. Cua stated that the applicant will assume that liability. Ms. Harvey De Geus noted a correction to the spelling of the applicant's name "Holzman". Chair Texeira asked for clarification that they are eliminating condition 3 a. 1. Mr. Cua stated that he will note in the approval letter to the applicant that pursuant to Ordinance 908,the requirement has been eliminated. Commissioner Blake asked for clarification on the request to eliminate condition 3.a.1. 9 VA2032 Master Files\Commissions\Subdivisions\2032-7.24 Subdivision Committee Minutes Mr. Cua stated that the requirement is that the applicant would have to extend the 6" main for approximately 300 feet from the existing main at the intersection of Akepa Road and Kekaha Road continuing to the frontage of the property. Commissioner Blake questioned where the water is being supplied from currently. Mr. Cua stated that the existing water line fronting the property is probably less than 6" and the Department of Water is requesting that they bring it up to 6". The applicant is requesting that they eliminate this requirement. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve tentative subdivision application for 5-2012-20=Barbara C. Childers/Greg Holzman,2-Lot Boundary Adjustment, TMK: 1-3-005:080, 100,Kekaha, Kauai,the motion carried by unanimous voice vote. ADJOURNMENT The Commission adjourned the meeting at 9:07 a.m. Res ectfully s ted by: Du e Nakamatsu, Commission Support Clerk 10 VA2012 Master Files\Commissions\Subdivisions\2012-7 24 Subdivision Committee Minutes