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HomeMy WebLinkAboutSUB Aug 30 2011 min KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING August 30, 2011 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair Jan Kimura, at 8:41 a.m. at the Lihue Civic Center, Mo'ikeha Building, in Meeting Room 2A-213. The following Committee members were present: Ms. Camilla Matsumoto Mr. Jan Kimura Mr. Hartwell Blake Discussion of the meeting, in effect, ensued: APPROVAL OF THE AGENDA On motion made by Camilla Matsumoto and seconded by Hartwell Blake, 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, LL C, 5-lot Subdivision, TMK: 2-7-003:005, Koloa, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. The proposal involves a 5-lot subdivision, the property is situated between Lawa`i Town and Koloa Town. It is on the northern side of Koloa Road. It is where you find the sheep. The reason you see the application before you is the requirements of the subdivision are being amended and it is being amended pursuant to the most recent legislation that passed before Council, I think it is ordinance No. 908. The intent of that ordinance was basically to eliminate infrastructure requirements for boundary Subdivision Committee Minutes August 30,2011 1 adjustment applications involving 4 or less lots. So in this particular case this is one of those properties that qualify under that ordinance. The revised version that you see before you is a watered down version from the requirements set forth initially. The applicant's submittal letter basically justifies the amendments to the subdivision application. The department has no objections to the proposal; we are recommending the amendments that are being requested for you. Chair: I notice in the application there is no environmental assessment and park dedication. Staff. Right. Chair: But in their letter it says they are going to donate the park dedication fee and environmental impact assessment fee so they are going to do it? Staff. Yes. Chair: And they do have an Ag. plan, correct? Staff. Actually it was presented to you folks the last time they were here. Chair: I'm sorry? Staff. It was actually presented to you folks the last time they were here so that particular requirement actually they met it and it is being eliminated with their request. Chair: Any more questions for the planner? Mr. Blake: What does the Natural Resources Conservation Service have to do with this? Staff: Usually when you have farming activities on agriculturally zoned properties the landowner typically coordinates the farming efforts with NRCS. Mr. Blake: That was my only question. Chair: Is the applicant here? Do you have any questions with the staff report? Mr. Avery Youn: To clarify a couple of things. First of all I am Avery Youn, I am the authorized representative. I would like to first point out that condition's 1 (a) and(b) are already done. We forwarded the actual title reports for the lands in question. We did more than a preliminary title report we actually submitted the actual title reports this morning so we have 1 (a) and (b) taken care of. We also paid condition No. 3; the FRC has already been paid. I forgot to bring in the receipts but we do have it. And I would like to clarify lot 427.A-3, that was part Subdivision Committee Minutes August 30,2011 2 of the original Kukui`ula Development Subdivision, it got tentative approval attached to that subdivision however when... Chair: 427... Mr. Youn: Yes, it is at the corner of O`ma`o Road and Koloa Road. However when final subdivision was granted that lot somehow was left out of their final so we had to include it in ours and that is what caused the fifth lot; technically it is a 4-lot consolidation and re- subdivision. But the fifth lot was created only so that we can dedicate it to the County. Chair: Is that acceptable? Staff: Yes. Chair: Okay, we are good, any questions for the applicant? What does this committee want to do? Ms. Matsumoto: Move to approve tentative subdivision action for S-2002-21, O`ma`o Ranch Lands, LLC, TMK: 2-7-003:005, K61oa, Kauai. Mr. Blake: Second. Chair: All in favor say aye, opposed, so moved. On motion made by Camilla Matsumoto and seconded by Hartwell Blake, to grant tentative subdivision approval for S-2002-21, motion carried unanimously by voice vote. Final Subdivision Action, S-2008-19, State ofHawai`i, Department of Land and Natural Resources, (DLNR), 3-lot Subdivision, TMK: 4-5-015:006, 028, Kapa`a, Kauai. Staff. Thank you Mr. Chair. As noted in the subdivision report the proposal is a 3-lot subdivision and the intent of the subdivision application was to create a separate parcel for the Department of Water for a Well site and it was to provide an expansion area for the Hawaii Public Housing Authority Housing project. The final subdivision map has been routed to the various reviewing agencies for their approval. We have received all of the agency approval letters; as a result the department is recommending final subdivision approval of this application. Chair: Is this the old Kapa`a Ball Park? Staff. Yes, it is adjacent to that area. Chair: So where do they want to put the storage building? More or less, I know the park. Staff: I think it is on the, from what I understand... Subdivision Committee Minutes August 30,2011 3 Chair: (Inaudible). Staff. Yes. Chair: But in the park its self. Staff. Yes. Chair: Will that affect any soccer games down there? Staff. No, not at all. Actually it is there now so it is to accommodate that maintenance storage area. Chair: There is a building there? Staff. I believe there is, yes. Chair: Really? Staff. I think so. Maybe we can get Dennis to clarify. Chair: Any questions for the planner, seeing none is the applicant here? Mr. Dennis Esaki: Good morning, Dennis Esaki representing the applicant. The project site is by that HHA project before you go up to the Kapa`a Middle School, you turn right by that quote, low income housing. Chair: Oh, it's the new ball park, not the old one. Staff. The low area. Mr. Esaki: Then you go through the housing project and turn right and in the back of it there is a pasture. One of these lots is going to remain pasture with Lincoln-Ching, I believe, and one is for the Well site, and one like Dale said is for expansion of the HHA project. Chair: It is across the road then. Mr. Esaki: It's going through that housing area and in the back of that. Chair: But it's across the ball park then, right? Mr. Esaki: It's on the mauka side of the ball park, mauka side of the bypass road. Subdivision Committee Minutes August 30,2011 4 Chair: Any questions for the applicant? Seeing none what does the committee want to do? Ms. Matsumoto: Move to approve final subdivision action for 5-2008-19, State of Hawaii Department of Land and Natural Resources, TMK: 4-5-015:006, 028, Kapa`a, Kauai. Mr. Blake: Second. Chair: All in favor say aye, opposed, so moved. On motion made by Camilla Matsumoto and seconded by Hartwell Blake, to grant final subdivision approval for 5-2008-19, motion carried unanimously by voice vote. Final Subdivision Action, 5-2010-09, Wailua Kayak LL C., 2-lot Subdivision, TMK: 4-1- 006:034, Wailua Kauai. Staff. Thank you Mr. Chair. The proposal is a 2-lot subdivision and the intent of the subdivision application was actually to satisfy a requirement of the Use Permit, Variance Permit, and Class IV Zoning Permit. The lot that is being created is actually a road widening lot so that it can be dedicated to the State of Hawaii. The final subdivision map has been routed to the various reviewing agencies for their approval. We have received all of the agency approval letters; as a result we are recommending final subdivision approval of this application. Chair: This is just for the road widening. Staff. Purely for the road widening. Chair: Any questions for the planner? Seeing none is the applicant here, good morning. Mr. Clyde Kodani: Good morning, for the record Clyde Kodani, no comments. No objects to Planning's recommendation. Chair: What does the committee want to do? Ms. Matsumoto: Move to approve final subdivision action for 5-2010-09, Wailua Kayak LLC, TMK: 4-1-006:034, Wailua, Kauai. Mr. Blake: Second. Chair: All in favor say aye, opposed, so moved. On motion made by Camilla Matsumoto and seconded by Hartwell Blake, to grant final subdivision approval for 5-2010-09, motion carried unanimously by voice vote. Subdivision Committee Minutes August 30,2011 5 Tentative Subdivision Extension Request, 5-99-45,Allen Family LLC/Moloa`a Bay Ventures LLC/Three Stooges LLC., 14-lot Subdivision, TMK: 4-4-003:001, Kapa`a, Kauai. Staff. Thank you Mr. Chair. What you have before you is an extension request for a subdivision application that establishes a total of 12 lots within the Agriculture District and 2 roadway lots. The property is situated in Kapa`a actually situated right around the Kapa`a Middle School area so right on Olohena Road. The applicant is still trying to resolve the requirements with the various reviewing agencies. There have been challenges with this subdivision application. We are recommending that an extension be granted to December 31, 2013. Chair: 2013? Staff. Yes. Chair: I thought we were giving just 1 year extension. How come you guys are offering them 2 years? Staff. The applicant right now is currently in the process of trying to obtain a State Land Use redistricting before the Land Use Commission so by giving them the additional time it should give the applicant adequate time to complete the subdivision and they should be able to obtain their redistricting from the State Land Use Commission. Chair: Any questions for the planner? Mr. Blake: Is this in the same vicinity as the solar farm? Staff. Yes, actually one of the lots within this subdivision contains the solar farm. Mr. Blake: On the map you have it circled project site. Staff: Right,parcel 20 on the site plan that I provided, that is actually the Middle School so if you are looking at the map I guess to the left or just above the Middle School property that is where you would find the solar farm. Mr. Blake: So it is down in that valley. Staff: It is in that valley, yes. Mr. Blake: And this has been going on since 1999? Staff: Correct. Chair: Any more questions for the planner? Is the applicant here? Subdivision Committee Minutes August 30,2011 6 Ms. Matsumoto: You are saying in your evaluation that this would be their last extension and also that there is an option for them to reapply. Staff. Correct. Mr. Max Graham: Good morning, I am Max Graham representing the owners and Gregg Allen, also a representative of the owners, he has an ownership interest in the property, he is here with me. This has been a long process. The problem is primarily that the water supply was supposed to be provided through the storage tank that the Kulana Subdivision was required to construct adjacent to the Kulana Subdivision properties. That water tank, well it has been constructed but never dedicated because the other water facilities for the Kulana Subdivision have never been completed. And I think you know the history of the Kulana Subdivision is they are still trying to complete their infrastructure. There was no water storage available for this property and only recently in the last actually couple of months Mr. Allen has been meeting with the Department of Water and actually the Board of Water Supply and they appear to be now agreeable to entering into an agreement with the owners whereby the owners will develop a Well source on the property,provide water to the Department of Water and the owners will need to construct the Wells and the transmission pipes and hook them into the existing Department of Water pipes. The Department of Water in exchange will provide the storage initially for 5 of the Ag. lots as Phase I and eventually the remaining Ag. lots once the Department of Water completes its upgrade to its Ornellas Tank which is one of the tanks in this Kapa`a system. So there appears to be an agreement that we need to finalize with the Board of Water Supply that will allow this project to have water. We understand this is, if you grant the extension, this is it, they have to work this deal out and we have until 2013 and if it doesn't work out then that is it; that is the end of this subdivision application. They can always come back later but we do understand that this is the last opportunity that this application will be given. Chair: Don't you think 12 years is a little ridiculous? Mr. Graham: It is the longest subdivision I have ever worked on. Chair: To me they have had more than adequate time to take care of all these problems, 12 years. It says here 5 years, little progress with this project in the last 5 years. I kind of have doubts if we do allow this extension that anything will get done in the next 2 years. You had 12 years to comply and I still see no progress. Mr. Graham: The progress, actually there is no obviously physical progress; the progress is in the agreement now with the Department of Water. And this alternative solution which actually would be one of the benefits to the County if you do grant this extension is that if this agreement goes forward and the water source is developed it will enhance the County's system. This water won't be just for this project. The Well supply will go into the County system and Subdivision Committee Minutes August 30,2011 7 there will be a surplus which will be available to the Kapa`a area so it is a good thing for the County as well. I think for that reason alone it is worth this final extension. The County does need more source water available in the Kapa`a area. Chair: We always do. I don't know, I just feel they had more than adequate time, 12 years to comply, and having another extension to me, my personal opinion, it is kind of ridiculous if you ask me. Ms. Matsumoto: So that is the biggest problem, the water. Mr. Graham: It has been water, it has been the problem. Unidentified Speaker: Can I explain just a little bit? Chair: Please do. Unidentified Speaker: I bought 2 lots in a theoretical subdivision a long time ago. Because I did that several of my friends, Kaleo Smith, a whole bunch of people bought lots and put them under my name. And then the project got into trouble. And then I went and saw Mr. Cua, Dale Cua, and he said we don't really want this. We don't want Ag. CPRs in this area, it has been designated in the GP forever for housing, for residential housing as a natural extension of Kapa`a and you will be doing the wrong thing to but Ag. CPRs on that whole project. I said okay, what do I need to do and he said you are going to need to get water for residential units. So I went to housing, it was Ken and Ian and they said get a plan. We went to PBR and came back with 400 residential units and they said that is not enough we want 800 and you are going to need a lot of water. So we drilled a Well and we hit a gold mine of water and the Water Department wanted it but they didn't have storage. Then they built the stable's camp tank and then they couldn't fill it up and my Well can fill it up and so the board just voted to approve our water plan last month. So now we have water and we have an LUC that has been in process for a year and all of these things have complicated this project and made it take a longer period of time. The Ag. subdivision will enable us to move the Kapa`a Highlands project into what he County has asked for in the GP since 1970 and it's stumbling blocks were water, primarily. I turned in the engineering in 2008. I got it back last month. The Engineering Department didn't look at it because they knew there was no point when I didn't have water. When I got the water they looked at it and gave it back. So it's not only...anyway if that helps at all, if you have any questions for me. Chair: What progress did you have in the last 5 years? Mr. Allen: We drilled the Well and we got the water and we got the LUC application done and in to the State and we got it reviewed twice and our final review, we think we will have everything done this year. Subdivision Committee Minutes August 30,2011 8 Chair: Your first review with the State. How did that go? Mr. Allen: Good, very good, but there is a lot of T's to cross and I's to dot on those things and so that process is 75% done. What has happened now, I bought 2 lots, I have no money. Mr. Bosshard is my mortgage holder and we have been working together. The solar farm, I set that,project managed it and did it and gave it to him for a discount on my mortgage so I could stay alive and not lose the project. What has happened is now that we have water we are now all of a sudden real, we are viable. So the guys on the South Shore that have been K61oa Landing, Layton Construction, Hunt, all of them are looking at the project and saying...they are people that have the ability that have the ability to come in and partner with us to make this happen. The project has, it matches the ordinance 860, Affordable Housing, and it just all fits into that community. And basically what I have done is said when Dale told me that I said this is the right thing to do, I will try and do it and that is what we have been trying to do. Chair: My question to you, what took so long for you to get to this point? Again, 12 years. Mr. Allen: A lot of the years weren't mine. I didn't really get in charge until the middle of 2000 and then at that point they said change gears and go from an Ag. CPR to doing a high density subdivision. Chair: But the tentative subdivision approval was in 99. Mr. Allen: The answer is water. Chair: 12 years? Mr. Allen: Water is the answer. When we first got involved in this project Solagi had set it up and it had water approved and we all bought lots because it had water approved. When Kulana came in and bought it we bought lots under them right as they were closing escrow. We bought lots but it was supposed to be a done deal. As soon as they got their hands on it they had the water approval rescinded because they didn't have water on their project and they told the County we will build Wells. So they had our water rescinded and we had no water. Ms. Matsumoto: So you are sort of picking it up and trying to finish. Mr. Allen: It got threatened with foreclosure, Mr. Bosshard is the mortgage holder. When we bought all these lots as a big Hui we ended up getting a second position mortgage so we as second position mortgage holders in order to not lose our investments started paying Mr. Bosshard, went to the Engineer's in the County and said what do we do? They said well you don't have water and we don't really want Ag. CPRs. So we drilled a Well. And then we have worked with the Water Department literally for 5 years trying to get them to say yes and they just said yes. So that is huge me, the water is the bottleneck and we now have something that is win/win. Our Well which provides a minimum of 550 gallons a minute of water basically Subdivision Committee Minutes August 30,2011 9 doubles what we could ever use even if it was fully developed residential property. It will fill up the stable's camp tank. It has been sitting there a third full since it was built because they don't have water to fill it up. Ms. Matsumoto: So now that you have water what are your plans for the next 2 years through the extension? Mr. Allen: This is the plan,by the end of year have all of our approvals and construct the back 5 Ag. CPR lots in a Phase I which includes that solar farm. And those are all going to stay agricultural lots and Mr. Bosshard is going to end up primarily all of them. That Phase I will include us developing the production Well, not the test Well, we have a test Well now, and a water pipeline to the stable's camp tank. So we will give the County all of the water in Phase I, that would be the first thing that we do, and then as we...well we will complete Phase I hopefully before this tentative approval expires. I hope to be back here in 2 months looking for final. And then Phase II of course will be able to be developed by...because there are 12 lots with 2 road lots, 5 of the lots are Phase 1, that leaves 7 of the Ag. lots to be rezoned by the LUC which is what process we are completing now. Once those are done we will have 7 different lots. We can go to the County and say do you want a lot? Stanford Carr, do you want a lot? Here is the overall concept that the County wants for this Affordable Housing and this Smart Growth Urban area. The County pool is supposed to move up into there. The bike path is supposed to go curving up into there. It is supposed to become a natural expansion of Kapa`a and it has been a long time getting it lined out but it is lined out now. Mr. Graham: I had forgotten something that is also important. There is one more besides the water there is another public purpose involved here, what Mr. Allen was explaining is that he is the third in line of developers. It started out with Mr. Solagi who was developing the project. Then the people who were investors in the Kulana project also invested in this and neither one of those two developers followed through. And so finally the Allen family and his group of investors have taken over. And so I have told you that the water, if this is successful then there will be additional water available to the County. The other thing is as a condition of tentative approval as it exists right now there was an agreement that the Kapa`a bypass road highway which runs across the lower portion of this property would be dedicated as a roadway lot to the State of Hawaii, no cost. There is no agreement for the use of that road right now other than this agreement in the tentative approval. If the tentative approval is not extended then that condition goes away. The agreement with the State of Hawaii goes away and now you have a situation where you have a single large lot, you have the Kapa`a bypass road on the lot and no agreement with the State for the use of that road. So the State either has to condemn the road, purchase it from the owners or enter into a lease agreement which I know they don't want to do because that is why they condemned the other portions of the bypass road. Subdivision Committee Minutes August 30,2011 10 So I think that is another good reason to see this subdivision as it has been tentatively approved through if we can. Now I understand Mr. Kimura your concern after 13 years and it is highly unusual but as long as we have come this far I think it is worth just taking that chance because there are some good things that could come out of it for the County and the State. Chair: Exactly, taking a chance. What you said earlier, that sounds like a little threat. If we don't approve it then you are going to take it away from the State. Mr. Graham: No, that is not... Chair: I am just saying that is what it sounds like. Mr. Graham: Let me make clear I am not threatening anything because that is just the situation that the bypass road is on the property and the State has to resolve it somehow. If we don't do this subdivision...I think it is just a good deal right now that you have this agreement with the State that they will get the bypass road at no cost. Mr. Allen: As soon as we got put in charge of it we stopped charging for use of the road. Max said look, be a nice guy, don't charge for use of the road, don't bother anybody just let the County use the road. So we haven't charge anything for use of the road. Chair: County of State? Mr. Allen: State. Our plan is to give it at no charge. And Ray McCormick at the Highway's Department is very much an advocate of accepting that road and they need that road so that part of the plan, you know you have to work with their engineers and divide the road lot out and all that has been done. Mr. Blake: Is the Well on your property? Mr. Allen: Yes the Well is on our property and it has been developed and it has been tested by Mr. Tom Nance, it is part of our water master plan that has gone to the water department, it is a proven Well. It is in a test configuration, to be a permanent Well it needs to be a bigger diameter. But it is not a question of if there is water or what capacity there is,we have it. We have tested it and proved it is pure. I mean I guess you have to chlorinate things because of the transmission line but the water is exceptional. Mr. Blake: Has Kulana ever come to fruition? Mr. Allen: As soon as I got in charge of this I have not spoken to anybody there or talked to them, there are no strings to us. I don't know anything about their project. Mr. Blake: So Kulana is still up in the air? Subdivision Committee Minutes August 30,2011 11 Mr. Allen: I have nothing to do with them and neither does this project. Mr. Blake: Do you know Mr. Graham? Mr. Graham: No. Chair: You say when you took charge of this, when was that? Mr. Allen: Right in the beginning of 2004 is when the foreclosure was started and at that point I started getting documents together and trying to figure what had happened. Ms. Matsumoto: Who helped you build the Well? Mr. Allen: High Plains Well Drilling drilled the Well. Chair: Any more questions for the applicant? Dale, their past history just from what I am reading, my conclusion all comes from what I am reading here, the staff report, and their history of the last 12 years, 13 years shows me that really they have had opportunity to comply and it just doesn't show me any effort on their part that they have wanted to for whatever reason, for comply. And giving them 2 more years, which is unusual because we normally give 1 year, to me I just don't feel right doing that being that they had 12 years to comply. So with that being said what does the Commission want to do? Mr. Blake: This says December, 2013, and we are coming up on 2012 now so that would be about a little less than a year and a half. Of course if we deny this nothing prevents them from coming back again but it seems that we would just be re-plowing old ground to get to where we are today. One thing that does, that I do appreciate is the fact that where there was no Well there is a Well there now and that the County will get at least half the production of that Well or there about and the County stands to gain vis-a-vis the bypass road if this goes through. And the other thing is the statement that one of the conditions is that this is absolutely the last time, after this you start all over again which is unusual except in these circumstances. So with that in mind I would move to approve. Ms. Matsumoto: I agree with that. Chair: Do you want to second it? Ms. Matsumoto: Second. Chair: For discussion,with that I would like to change one of the recommendations from December 31, 2013 to December 31, 2012. Subdivision Committee Minutes August 30,2011 12 Staff. As far as the 13, because we were not giving the applicant an opportunity to further extend the subdivision the department's recommendation was based on the fact that it should be ample time to complete the subdivision given the circumstances. Chair: Wait a minute. It was expired on December 31, 2010? What took so long to get their...weren't they supposed to come before? Staff. The request was made before the expiration date it was just a matter of getting the responses back from the agencies. Chair: Okay. Staff: Yes, I always encourage the applicant to make their extension requests prior to the expiration date. Ms. Matsumoto: So if you keep it at 2013 could we have some kind of annual report? Staff. Absolutely. I have had conditions in the past where the applicant is required to submit annual status reports on the subdivision and it could be reviewed by you folks as part of the correspondence, annual status reports. Ms. Matsumoto: I think that would be helpful. Mr. Blake: So it would be annual from the day of the extension so we should hear from the by the end of August, 2012 and August, 2013. Ms. Matsumoto: And finally at this deadline, the 13th of December. Mr. Blake: I like that condition. Ms. Matsumoto: So three reports. Mr. Blake: Hopefully there will just be one report. Chair: How about we do it this way, because I want to see progress done. To me it is ridiculous that you have to take 12 years to do this subdivision. I mean seriously. If the Commission wants to approve this then at any time that their status report shows that there is no progress we pull the permit. Staff: You can allow yourselves to review the application as part of the status report. Chair: The department. Subdivision Committee Minutes August 30,2011 13 Mr. Blake: So this would be, the condition would require three status reports between now and the end of the extension period with the proviso that the Subdivision Committee can terminate the permit if the status report shows no progress. Chair: I mean with their track record I just would feel more comfortable doing something like that. If nothing gets done...but if they continue with their progress then by all means. Ms. Matsumoto: So that will open up communication. Chair: Definitely. You have to understand, 12 years is 12 years. To me it is ridiculous but... Ms. Matsumoto: If you can't move forward you can include that in the report and provide the reasons why it is not saying anything. Mr. Graham: We understand. I understand and I understand your frustration and I think that is fair so clearly annual status reports, next one August 2012. If there is not substantial progress you reserve the right to terminate the subdivision. Chair: That is 6 months,right? Mr. Graham: You want 6 months? Chair: It will be 6 months, right, if it is a year and a half? Staff. Well just based on the discussions I am hearing it sounds like the first status report is due one year from the approval of this, from the approval date today. And the status report shall be due on an annual basis from today's date. Chair: So we have what, a year and a half? Staff. The first one would be due August 2012 and the last one technically is August 2013. Chair: So we are looking at two years. Ms. Matsumoto: It is actually two and a half. Chair: Two and a half years. Staff. Yes. Chair: Wow. Well you guys can do what you guys want to do; it is up to you guys. Subdivision Committee Minutes August 30,2011 14 Ms. Matsumoto: Did you write that condition about... Chair: So basically we are looking at fourteen and a half years. Staff. In all. Mr. Blake: If it is two years why don't we go to the September 1st of 2013? Staff. Or if you want to move it up we can go to August 31, 2013. Chair: August what? Staff. The department's recommendation is December 31, 2013. If you want to we can move it up to August 31, 2013. Chair: According to the applicant they said they can get all the permits done in a year so why are we giving them two and a half years? Staff: If you feel you want to move it... Chair: I feel if they can get the permits in a year then let's do it in a year or a year and a half. Mr. Allen: Can I say something? Chair: Sure. Mr. Allen: The 14 years, not me. Chair: I understand that. Mr. Allen: Two guys before me, restart the whole thing every time. Then go to the County and it's not what they want. I have two years. I will put in an engineering request; it will be two years before I will get a response. I will walk up and hand you latest transmittal from August from 2008, 1 get a response in 2011 because there was no water. And because the water was supposed to come from this other subdivision that went off a cliff and then they say do the right thing down here. I have drilled the Well. I have done what I have to do. The people involved in this project have put everything they have into it,just like all the other projects, I am not crying poor but to make the thing happen, to build the Well costs money. To pay the mortgage costs money. So I feel like, I am telling you I feel like I have laid my blood on this thing and I am trying to do the right thing and I want your help because it is going to be a killer urban residential Subdivision Committee Minutes August 30,2011 15 community. It is going to be an extension of Kapa`a and it is going to rock. And if I can get the approval from you guys, to not have a gun to my head, then I can get the developers that have money. I have talked to Stanford Carr. I have talked to Hunt Development. I have talked to Layton Development. They are all looking at it right now. Three months ago they wouldn't...they are friendly to me but they don't want to talk to me. Now they get on a plane and they come over and say hey, we can do this thing, we can do affordable housing, we can do the right thing, we can make something happen because we have water. Water has been the bottleneck. I don't want you to feel like I haven't done anything. When I first got it the water master plan existed. It was supposed to come off of Kulana. And they said wait, two years, wait, three years, wait, four years, this is stupid. I don't have anything to do with Kulana why am I waiting on them to do what they bonded and they bonded it. Why if they bonded it am I waiting anyway? Why isn't the County approving it if it is bonded? And they say well we don't really approve other things bonded on other things bonding so you would have to bond their thing. And I am like how can I bond what they already bonded? So I go drill a Well. So I go out on my own, right, and fortunately I was blessed and we go water because you don't always get water, it is a big deal to put a hole in the ground. I said hey, I got this water, let's play. So please consider that we are trying to do the right thing. I know it has taken a long time but there are three guys involved and two of them are dead and one of them is still left standing who has picked up the pieces and running with it. And that is it,thank you. Ms. Matsumoto: I have a comment. It hasn't been mentioned but in recent history we have had global economic problems that have impacted Kauai development and business so I think that was a factor also in this timeline. Chair: We are going to take a short recess to write some of the conditions. Committee recessed at 9:26 a.m. Meeting called back to order at 9:36 a.m. Chair: So what do we do from here? Staff. It sounds like you guys want to make an amendment to the department's recommendation. Chair: We also have a motion on the floor. Staff. So I think based on the discussions it sounds like there is a motion that is on the floor now that needs to be withdrawn, a new motion needs to be made to reflect the amendment to the recommendation. Mr. Blake: I withdraw my motion. Subdivision Committee Minutes August 30,2011 16 Ms. Matsumoto: I withdraw my second. Staff. So now a new motion. Ms. Matsumoto: Move to approve tentative subdivision extension request for S-99-45, Allen Family LLC/Moloa`a Bay Ventures LLC/The Three Stooges LLC, TMK: 4-4-003:001, Kapa`a, Kauai,with the following amendments to read, "Based on the foregoing it is recommended that an extension until August 31, 2012 be granted." Mr. Blake: That is your motion, second. Chair: Any discussion? Mr. Blake: Were we going to require any status reports? Chair: We required a status report in one year so we changed it to 2012. Mr. Blake: Well we cut in half what we were considering so if it is not going to happen, that is final subdivision, then I think we ought to know by the six month timeline so that it is not a big shock to us and them. Chair: So what month do you want a status report. Mr. Blake: Six months from now. Staff: That can be done. Chair: With amendment with six month status report. Ms. Matsumoto: So to read it, "Based on the foregoing it is recommended that an extension to August 31, 2012 be granted with a six month status report." Chair: Mr. Graham, any discussion on that? Mr. Graham: No, I understand completely, thank you. Chair: In six months, status report? Mr. Graham: Yes. Chair: All in favor say aye, objections, so moved. Subdivision Committee Minutes August 30,2011 17 On motion made by Camilla Matsumoto and seconded by Hartwell Blake, to grant tentative subdivision extension request, 5-99-45 as amended, motion carried unanimously by voice vote. ADJOURNMENT This portion ended at 9:40 a.m. Respectfully Submitted. Lani Agoot Commission Support Clerk Subdivision Committee Minutes August 30,2011 18