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HomeMy WebLinkAboutsd 12-11-12 minutes KAUAI PLANN914G COMMISSION SUBDIVISION COMMITTEE MEETING December 1 i, 2012 The regular meeting of the Plat1r1i1ag Commissio,I Subdivision Committee of the County of Kauai was called to order by Committee Chair Herman Texeira, 4t 8:37 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-213. The following Commissioners were present: Mr. Herman Texeira Mr. Hartwell Blake Ms. Camilla Matsumoto 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 . Planning Director Michael Dahilig stated that based on a communication they received from Peter Nolan, the owner of the Kealia Properties, intending to withdraw his request to extend the subdivision, it was added as a non-substantive change and the Department suggested amendments to the agenda as circulated and as posted for information purposes on Friday. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve the amended agenda, the motion carried by unanimous voice vote. MINUTES—Meetings of October 23, 2012 and November 1312012 On the motion by Camill'a Matsumoto and seconded by Hartwell Blake to approve the Subdivision Committee meeting minuttes of October 23, 2012 and November 13,2012, the motion carried by unanimous voice vote. PUBLIC COMMENT FOR LISTED AGENDA ITEMS There were no public comments on listed agenda items. 1 VA2012 Master Files\Commissions\Subdivisions\2012-12-11 Subdivision Committee Minutes j JAN 0 .0 201) GENERAL BUSINESS MATTERS There were no general business matters. COMMUNICATIONS There were no communications. UNFINISHED BUSINESS,(Foir Action) Tentative Subdivision Extension Requests: S-2006-45 =Kealia Properties LLC. (formerly Plantation Partners Kauai, LLC/Kealiakealanani), 24-lot Subdivision,TMK: 4-7-003:002 Kealia Kauai. S-2006-46=Kealia Properties LLC. (ormerly Plantation Partners Kauai, LLC/Kealiakealanani)48-lot Subdivision,TMK: 4-7-004:001,Kealia,Kauai Letter(12/6/12) from Peter Nolan, Owner, Kealia Properties, withdrawing request to extend subdivisions Kealia Mauka Subdivisions Makee &Kumukumu, (S-2006-46) aka Kealanani Project. Kealia Properties LLC fformerly Plantation Partners Kauai LLC/Kealiakealanani Mr. Dahilig stated that they have been in a deferral mode based on the request that was initially taken up on September 11. Given the progress and other discussions,they received an email date.December 6, 2012,that was addressed to the Chair of the Commission, with a copy to the Director and the Mayor, from Peter Nolan regarding subdivisions S-2006-45 and S-2006- 46 (on file)requesting withdrawal of their request to extend. They decided not to proceed with the project as proposed at this tune. The Department will be proceeding with a request to the Committee to bring to the full Commission to rescind both S-2006-45 and S-2006-46. They will continue to be in discussions with the land owner about procedures to rescind the§ubdivision as approved. Commissioner Blake asked for clarification that they have to recognize that the application is withdrawn. Mr. Dahilig stated that because it was a final approved subdivision there is a degree of entitlement vesting that needs to be subject to due process in order to rescind the approval. The withdrawal is for the extension request. They are attempting to move forward with some type of rescinding of the final approval which would need some degree of consent by the land owner in order to avoid a contested case hearing. Commissioner Blake felt that if an applicant withdraws ano the Commission recognizes the request to withdraw, it should apply to everything that goes along with it. 2 VA2012 Master Files\Commissions\Subdivisions\24I2-12-11 Subdivision Committee Minutes Mr. Dahilig stated that they have been advised by the Attorney's Office that in order to avoid any potential litigation for the County, the due process rights afforded to the land owner should be procedurally recognized. Deputy County Attorney Jung stated that the due process elements guaranteed by the Constitution points them in the direction of a withdrawal of the request first, followed by rescinding of the actual subdivision. If the land owner consents to the rescinding there won't be a contested hearing. Once the lines are on the map are drawn,those lines technically have to be removed from,the map so if there is any future action, it won't affect the future subdivision. They need to follow the process. Commissioner Blake questioned what the applicant could do in a worst case scenario. Deputy County Attorney stated that they are voidable because they are in violation of their subdivision agreement as well as the conditions of the subdivision. The next step is to move it into the rescinding documentation. They technically wouldn't be able to come in for building permits. Although they have final approval, they are not up to date with the necessary elements in terms of timeline as well as security requirement. Commissioner Blake questioned if the exercise is ministerial or if they have to go through public hearings. Deputy County Attorney Jung perceived it to be ministerial if they are going to sign off on the rescinding. Commissioner Matsumoto questioned the timeline for the process. Mr. Dahilig stated that they will be moving with expedience, but in recognition of the holiday season and that they do not have a second scheduled Commission meeting in December, they may be missing a couple of weeks. The conceptual framework is still in its infancy. They are trying to move in a manner that is the most efficient. Greg Kamm, representing Kealia Properties, stated that they are withdrawing the subdivision and intend to cooperate with the mechanics that were outlined by the Director and whatever is legally necessary to rescind the subdivision. There was no public testimony. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to receive the letter and accept the request for withdrawal for Kealia Properties Subdivisions 5-2006- 45 and S-2006-46, the motion carried by unanimous voice vote. 3 VA2012 Master Files\Commissions\Subdivisions\20I2-I2-11 Subdivision Committee Minutes NEW BUSINESS (For Action) Final Subdivision Extension Request: S-93-50 =McBryde SWar Company, LLC, Not Subdivision TMK• 2-4-00720 23-25 Kalaheo Kauai S-2006-04 =MCBY dy e Sugar Company, LLC, Not Subdivision, TMK: 2-4-007:02 03 18, Kalaheo, K.aua Staff Planner Dale Cua clarified that these items are final subdivision extensions. In obtaining final approval the applicant chose to bond the improvements for this project. The extension request is to allow additional time for the applicant to complete the necessary improvements relating to the subdivision applications. S-93-50 relates to Phase 2 in the Brydeswood agriculture subdivision and S--2006-4 relates to Phase 3 of the Brydeswood agricultural subdivision. They are contingent upon one another because they are immediately adjacent. The infrastructure improvements as noted by the applicant will be done all at once. Chair Texeira clarified that the bonding is something the applicant is doing on their own. Mr. Cua stated that one of the requirements in approving the applicant's request is that the applicant recertify the construction plans to assure that the bond amount is adequate to cover the necessary expenses to complete the improvements. Chair Texeira questioned if the bonded amount would change within the next two years. Mr. Cua stated that there is a contingency number added to allow for any increases in the amount. The construction costs are inflated to cover any unforeseen circumstances. Commissioner Blake questioned the specific infrastructure improvements that needed to be completed. Mr. Cua stated that they included interior roadways serving the subdivision, construction of necessary water transmission and source, and they also have improvements along the highway. Commissioner Blake questioned if the interior roadways within the subdivision would be curbs and gutters. Mr. Cua stated that because it is within the agriculture district, the specifications for the roadway would not warrant any curbs, gutters or sidewalks. Tom Shigemoto representing the A&B and McBryde Sugar clarified that they recertified their plans and as part of the process. They over bonded so the amount is still valid. In the subdivision agreement there is a provision with a certain deadline to commence or complete construction, but they won't be able to meet that deadline. Although they received final approval 4 VA2012 Master Piles\Commissions\Subdivisions\2012-12-11 Subdivision Committee Minutes in 2011,they have not sold any of the lots. They are in the process of marketing and are building their own private water system. They drilled one good producing well and need to drill a second one. Their construction plans were approved. As far as the improvements, the interior roadways include drainage, water, roadway pavement, and they also have to take care of some irrigation needs for the Kauai Coffee operations through the subdivision. There are onsite and offsite improvements included. Their total bond is for$16 plus million. They request the Commission's consideration in granting the extension so they can proceed. Chair Texeira clarified that they are requesting a two year extension. Mr. Shigemoto stated that the market has still not recovered sufficiently. Although they are in the marketing phase and taking reservations, it has been slow, so they need the extra time and they need to drill the second well to complete the requirements. Chair Texeira clarified that the real estate companies are already in the process of selling the lots. Mr. Shigemoto stated that they are taking non-binding reservations and already have several reserved. They have 24 total lots for sale. Chair Texeira suggested emphasizing the farming, rattler than listing it as just an allowable use. Mr. Shigemoto concurred. He added that their covenants will not prohibit any type of agricultural use on any of the lots. Commissioner Blake questioned the type of agricultdre that occurred on this property in the past. Mr. Shigemoto stated that it started with pineapple, then sugar cane, and macadamia nuts. Hurricane Iniki knocked down every tree on the property. There is an irrigation plan for each of the lots. They encourage agriculture on the properties. There was no public testimony, On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve the final subdivision extension request for 5-93-50, McBryde Sugar Company LLC,TMK: 5-4-007:020, 23-25, Kalaheo, Kauai and S-20Q64, McBryde Sugar Company LLC,TMK: 2-4-007:02, 03, 18, Kalaheo, Kauai, the motion carried by unanimous voice vote. 5 VA2012 Master.Files\Commissioiis\Subdivisions\2012-12-11 Subdivision Committee Minutes Final Subdivision Action: S-2012-05 = Kealia Makai Holdings, LLC, 2-lot Boundary Adjustment, TMK: 4-7- 006:018-, 4-7-007001 Kealia Kauai. Staff Planner Kenneth Estes read the staff report into the record. (On file) There was no public testimony. On the motion by Camilla Matsumoto and seconded by Hartwell Blake to approve final subdivision action for 5-2012-05, Kealia Makai Holdings LLC, TMK: 4-7-006:018 and 4-7-007:001, Kealia Kauai, the motion carried by unanimous voice vote. ADJOURNMENT Chair Texeira adjourned the Committee meeting at 9:04 a.m. Re tfully submitted by: Duke Nakamatsu, Commission Support Clerk 6 VA2012 Master riles\Commissions\Subdivisioats\2012-12-11 Subdivisioti Committee Minutes