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HomeMy WebLinkAboutSUB April 26 2011 minutes KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING April 26, 2011 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair Jan Kimura, at 8:47 a.m. at the Lihue Civic Center, Mo'ikeha Building, in Meeting Room 2A-213. The following Committee members were present: Mr. Hartwell Blake Mr. Jan Kimura Absent and excused: Ms. Camilla Matsumoto Discussion of the meeting, in effect, ensued: APPROVAL OF THE AGENDA On motion made by Hartwell Blake and seconded by Jan Kimura, to approve the agenda, motion carried unanimously by voice vote. GENERAL BUSINESS MATTERS There were no general business matters. COMMUNICATIONS There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Tentative Subdivision Action, S-2002-21 = O`ma`o Ranch Lands, LLC, 5-lot Subdivision, TMK: 2-7-003:005, K61oa, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. What you have before you is the third revision to the subdivision report. The revision reflects the amendment to the subdivision layout. To my back is the most current subdivision layout. Basically it consolidates three existing lots and re-subdivides into a total of 5 lots. One of the lots is to accommodate roadway improvements for the Kukui`ula Development. The revised subdivision map has been routed to the various reviewing agencies for their review and comment. In the subdivision report I have all the applicable requirements for the subdivision and as a result we are recommending tentative subdivision approval for this application. Chair: Any questions for the planner? Mr. Blake: Move to approve the report. Chair: Seconded, all in favor. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant tentative approve for 5-2002-21, motion carried unanimously by voice vote. Chair: Is the applicant here? Mr. Avery Youn: The only reason I am here this morning is because you are aware that maybe a month ago or a couple months ago you guys approved an ordinance, ordinance No...you guys approved an ordinance and what it does is it exempted four or less lots or units to have off site infrastructure improvements and if you look at this subdivision it we are at that mark. The fifth lot that is mentioned is a roadway dedication lot which more or less is I believe is exempt. So a lot of these conditions will disappear even though this is tentative. We may have to come back to you one more time after the ordinance is adopted because if it is four lots or units or less where no increases in density is involved on existing buildable lots, what we are doing is relocating it, then many of these conditions will not apply. So this is a revised tentative, we may have to come in for another revised tentative to remove a lot of these conditions. We already had the public hearing on the ordinance before the Council so it has to go back to committee and then full Council so it may take one to two months and then we may have to be back here again. Chair: So what are you asking us for? Mr. Youn: Initially I tried to figure out should we defer this first and wait for the ordinance to be approved and all these conditions wouldn't apply or should we just ask for the tentative and then come back and ask for another revised tentative. Chair: Before these conditions take place? Mr. Youn: Yes and I am not really sure which is the best alternative but I think maybe it is better at this time just to go with the tentative and explain to you that we may be back once the ordinance is adopted to make amendments to these conditions. Chair: How do you feel about that? Staff. That is fine. Chair: That is okay with us. Subdivision Committee Minutes April 26,2011 2 Mr. Youn: Thank you very much. Mr. Darryl Kaneshiro: Good morning Commissioner, for the record Darryl Kaneshiro. I just wanted to give you a little history on this project so everyone of us are on the same page. Basically most of you know my family, the Kaneshiro family, we have been in this business of raising hogs, cattle, and sheep for many, many years. My grandfather in fact came in the early 1900s to Kauai to work on a plantation but with his large family of eleven kids and 13 total made it very difficult for him to survive working in the cane fields and the plantations and he started farming and ranching to feed the family. Currently we are on the 4t and 5th generation farming currently,what happened is I had an opportunity to purchase this property. I am not a large corporation or neither do I have any other partners. I went ahead and took this big gamble of trying to preserve Ag. land and as you can see from what I have on the board here previous to this there was a subdivision,preliminary subdivision to this project that you approved for 17 lots with a total of almost 70 home sites or 75 hone sites. Currently, after I purchase the property four years ago that wasn't what I wanted to see. I wanted to continue to farm and carry the family tradition on and given the opportunity to purchase the property I then revised this subdivision that you had before you that was a preliminary approved in 2002 and I revised it to just move some Kuleanas and this is where I am at right now. You will find that many of the conditions that are on the original 17 unit subdivision, agricultural subdivision for roughly 75 units, are still there. Currently I know that the CZO under the Comprehensive Zoning Ordinance you looked at section 87-4(c).4, allows an exemption for one time subdivision provision in the agricultural district for consolidation and re- subdivision of properties where no additional lots or parcels are created provided that the resulting properties will not permit greater density. And this is exactly what I am doing currently. Just one thing I wanted to add was that I know there is a small strip of land that we had to cut out and that added a lot but basically it was a requirement from the Department of Public Works which was a County requirement when the Kukui`ula Development project was approved. Somehow during the process that wasn't picked up through their subdivision process and I am carrying the ball to do so now so that property eventually go over and be deeded to the County. So that created this small strip of 275 square feet of parcel as an additional parcel. Other than that it is just movements of Kuleana and boundary adjustments, thank you. Mr. Blake: I have a question. So the strip of land that you are going to be giving to the County is on the western side of O`ma`o Road? Mr. Kaneshiro: Yes, that is correct. It is on the western side of O`ma`o Road, they had to do some improvements as a requirement when the Kukui`ula Development did the westerly bypass road. They needed some site distance and because of that Public Works put on this condition where they had to purchase this piece to do that. In order to do that they had to purchase this piece from the Moyer family, I didn't own the property at that time. This was during the Moyer family transaction time. Later on when I purchased the property I found that the subdivision process wasn't done and therefore at the same time it might be a good time to do this subdivision process cutting that parcel out and at the same time moving the Kuleanas so get better County infrastructure areas. Subdivision Committee Minutes April 26,2011 3 Chair: You do have an Ag. plan in place? Mr. Kaneshiro: I do have an Ag. plan. I can take you on the Ag. tour which I think would be more appropriate. If you come out and you see that we are actively doing agriculture, currently my family has one of the largest hog farms in an adjacent area called the Kaneshiro Hog Farm. Currently I operate and run 500 head of sheep on this property and also about 100 head of cattle on this property. Currently I am working with NRCS on a five year plan,Natural Resource Conservation Resource through USDA and trying to complete what we call a conservation plan. So I believe through the Ag. plan, through the conservation plan I have an Ag. plan in which I would be more than happy to be able to share that with you. Chair: The ordinance that you brought up, is that the one Derek Kawakami introduced? Mr. Kaneshiro: I don't really want to speak on that at this time but yes it is similar to what Mr. Youn talked about. That is an ordinance that is pending but being that I am a retired Council member I just didn't want to get caught up in all of that. I wanted to move ahead. I wanted to show you people some of the conditions that are put on projects like this for additional densities are created and also can be used as a typical example of what really happens when a farmer is really trying to expand the farm and try to do and promote agriculture and at the same time fall into the pocket of infrastructural improvements that can be very unaffordable. Chair: I understand that. So with that being said can we hold off on some of the fees and conditions until that ordinance is revised? Mr. Kaneshiro: That is fine with me. I have no problem with that but I need to move on. I need to continue and if a preliminary approval would allow me to do that, allow me to move ahead to continue with this project, to do fencing, to do things that I need to do I would really appreciate it. Chair: Can we go ahead and move on and have the conditions revised later? Staff: Absolutely. Mr. Kaneshiro: Thank you very much honorable members of the Planning Committee of the Planning Commission. Chair: What does the Commission want to do? Staff: You already took action on it. As I remember Commissioner Blake made a motion to approve the application. Final Subdivision Action, 5-2011-04 =S. Otsuka Estates, Inc., 4-lot Subdivision, TMK: 4-3-009:004, Kapa`a, Kauai. Final Subdivision Action, 5-2011-05 =S. Otsuka Estates, Inc., 10-lot Subdivision, TMK: 4-3-009:002, Kapa`a, Kauai. Subdivision Committee Minutes April 26,2011 4 Final Subdivision Action, S-2011-06 =Kapa`a Sands (Setter-Brown, Inc.), 2-lot Subdivision, TMK: 4-3-002:002, Kapa`a, Kauai. Final Subdivision Action, S-2011-07, Gary L. Blaich, 2-lot Subdivision, TMK: 4-3- 009:029, Kapa`a, Kauai. Final Subdivision Action, S-2011-08, Grekry& Susan Strickland, 2-lot Subdivision, TMK: 4-3-009:038, Kapa`a, Kauai. Final Subdivision Action, S-2011-09,J. Frederick/Gary E. Bolster (aka. Kaua`i Kai/Creighton S. Fuii&Mieko Katsura, 10-lot Subdivision, TMK: 4-3-009:041, 032, 071, Kapa`a, Kauai. Chair: We go ahead and do it all at once? One vote will finalize all 6? Staff: The department's recommendation is while making the motion to approve that you read into the record the subdivision application numbers. But just for background these 6 applications all deal with the Kapa`a bike path and this subdivision is to accommodate the bike in the vicinity of the Kapa`a Sands area. Mr. Blake: And these are all contiguous lots? Staff. These are all contiguous lots. Mr. Blake: Move to approve. Chair: Second, all in favor. So are we good? Staff: Just to make it clear if you can read the subdivision application numbers, yes. Chair: S-2011-04, all in favor, second, so moved. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant final subdivision approval for S-2011-04, motion carried unanimously by voice vote. Chair: S-2011-05, all in favor, second, so moved. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant final subdivision approval for S-2011-05, motion carried unanimously by voice vote. Staff. You can read the remaining numbers altogether. Chair: S-2011-06, S-2011-07, S-2011-08, S-201 1-09, all in favor say aye, seconded, so moved. Subdivision Committee Minutes April 26,2011 5 On motion made by Hartwell Blake and seconded by Jan Kimura,to grant final subdivision approval for 5-2011-06, 5-2011-07, 5-2011-08, 5-2011-09, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, 5-2009-08,KMN, LLC., 10-lot Subdivision, TMK: 4-1-006:107, Wailua, Kauai. Staff. Mr. Chair,what you have before you is a proposed 10-lot subdivision. The subdivision creates a total of 9 lots within the Residential District and 1 roadway lot. This is the applicant's second request, the request has been routed to the various reviewing agencies for their review and comment and there were no objections to the applicant's request. Currently the applicant is still working on the finalization of the construction plans. As a result we are recommending an extension to January 13, 2012. Chair: Any questions for the planner? Mr. Blake: This is an 11-lot subdivision. Staff. 10-lot, 9 lots and 1 roadway lot. Mr. Blake: Move to approve. Chair: Is the applicant here? Staff. I talked to him this morning, he was on his way up but he was given a copy of the subdivision report and he had no objections. Actually they are just waiting on Public Works's review. Mr. Blake: Move to approve 5-2009-08, KMN, LLC, 10-lot Subdivision, TMK: 4-1- 006:107, Wailua, Kauai. Chair: Second, all in favor say aye, so moved. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant tentative subdivision extension request for 5-2009-08, motion carried unanimously by voice vote. ADJOURNMENT This portion ended at 9:03 a.m. Respectfully Submitted. Lani Agoot Commission Support Clerk Subdivision Committee Minutes April 26,2011 6