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HomeMy WebLinkAboutSUB Feb 8 2011 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING February 8, 2011 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair Jan Kimura, Camilla Matsumoto at 8:36 a.m., at the Lihue Civic Center, Mo'ikeha Building, in Meeting Room 2A-213. The following Committee members were present: Mr. Herman Texeira Mr. Jan Kimura Ms. Camilla Matsumoto Discussion of the meeting, in effect, ensued: APPROVAL OF THE AGENDA On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve the agenda, motion carried unanimously by voice vote. GENERAL BUSINESS There were no general business matters. COMMUNICATIONS There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Final Subdivision Action, S-95-30,McBryde Sugar Company, Ltd., 16-lot Subdivision, TMK: 2-4-007:020, 023-025, Kalaheo, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. Just for the committees information the next two items on the agenda for final subdivision action are in regards to the same development, the only difference is the first application S-93-50 represents Phase II of the Bryde's Wood Subdivision. The second application S-2006-4 represents Phase III of the subdivision. So in regards to Phase II, as noted it is a 16-lot subdivision, the final subdivision map has been routed to the various reviewing agencies for their approval. The department has received the approval letters from the respective agencies. As a result the department is recommending final subdivision approval of this application. Chair: Do we have to read the two? Staff. Not at all, I was just letting you guys know that these two are the same development, one represents Phase II and one represents Phase III. As far as taking action we can do it separately. Mr. Texeira: What is the...I know that(inaudible) lands are Ag., into the IAL, how relevant is this to the IAL? Staff. I know the County is undergoing the Important Ag. Lands Study at this time. At the time this application was submitted, the first application was way back in 1993. I can let you know that the subject property in its self is being represented through McBryde and I know (inaudible)has identified areas where you have Important Ag. Lands. On this particular property there are some Class A and B soils and these soils will be reserved for agricultural purposes. I am not exactly sure if this was part of(inaudible) overall study with(inaudible). Ms. Matsumoto: You know the recommendation section here on the first page, (inaudible). Staff. It is actually supposed to be a check mark. It was in a previous word format during the transition, the symbol didn't cross over so maybe the checks didn't...number 3. Chair: Anymore questions for the planner? Mr. Texeira: The only thing is that this is a pretty good sized,pretty good chunk of land especially on the West Side. We don't have too many subdivisions that are this size. I just thought this was very relevant in terms of part of this for an Ag. farm or something in that vein. Maybe I can ask the applicant that question. Chair: Any more questions for the planner? Mr. Tom Shi e� Two points, first of all Commissioner Texeira the IAL as you know maybe you don't know, A&B already filed and got approval for its IAL lands, we designated 53%raw agriculture lands to IAL. And this parcel of land was not part of it. Relative to the Ag. subdivision, as you can see the first one especially, 93-50, this subdivision or portions thereof have been ongoing for that long. There was a long hiatus because with the hurricane and the economy we were not ready to move forward. Now we see that things may improve so we move forward and it has taken us that long to get approvals. The 2006 application came in 2006 but for all intents and purposes as Dale explained this is one subdivision in the Kalaheo just outside of Kalaheo Town, below where Olopua Gardens is. As to your question of being an Ag. subdivision you are right there aren't that many Ag. subdivisions on the West Side and that is part and parcel to as I said the market for these types of lots. Now in a lot of Ag. subdivisions around the island they have restrictions on use. This subdivision will not have those particular restrictions so anything that is Ag. we will be able to Subdivision Minutes February 8,2011 2 be allowed on these lots so the Ag. intent will be preserved. If you look at the conditions of approval we had to submit an Ag. Master Plan and we did and it outlines some of the potential uses and Ag. products that can be grown there. So we ask for your consideration after this long. Mr. Texeira: So you kind of envisioned this to be something like Kilauea in the sense that you have these similar lots that are going to have some expensive homes on it. I know you cannot respond, you cannot answer something like that. This is what I kind of see, your target market can't be local residents who don't have the resources to purchase something like this, not too many anyway. So this kind of lends its self to pointing to that direction I believe. Mr. Shi eg moto: We don't envision being like the gentleman farm Ag. estates that have been created. Yes, the buyers of these parcels will be able to develop as allowed by the County laws so the density will be set by that. What they choose to do with their property is entirely up to them. But as I said, the difference is there will not be restrictions so if somebody wants to raise chickens, pigs, whatever it is they will be allowed to do that. Mr. Texeira: You mentioned 53% of your total land mass will be dedicated to IAL. Mr. Shi e� It has been. Mr. Texeira: So how many acres are you talking about? Mr. Shi eg moto: 3,800 acres. Mr. Texeira: 3,800 that is going to be dedicated. Mr. Shi eg moto: It is already in IAL, approved by the State Land Use Commission. Mr. Texeira: And is it in that area? Mr. Shi e� It is basically between Port Allen and Lawa`i Valley in the lower portion of Kalaheo below the highway. But this parcel is above the highway and this is just below Olopua Gardens. Chair: Any more questions for the applicant? What does the Commission want to do? Ms. Matsumoto: Move to approve final subdivision action for S-93-50, McBryde Sugar Company, Ltd., TMK: 2-4-007:020, 023-025, Kalaheo, Kauai. Mr. Texeira: Second. Chair: All in favor... On motion made by Camilla Matsumoto and seconded by Herman Texeira, to grant final subdivision approval for S-93-50, motion carried unanimously by voice vote. Subdivision Minutes February 8,2011 3 Final Subdivision Action, S-2006-04,McBryde Sugar Company, Ltd., 12-lot Subdivision, TMK: 2-4-007:002, 003, 018, Kalaheo, Kauai. Staff: As previously mentioned this is Phase III of the Bryde's Wood Subdivision. The property is situated just west of the (inaudible). The final subdivision map has been routed to the reviewing agencies. The department has received all of the approval letters. As a result we are recommending final subdivision of this application. Chair: Any questions for the planner? Mr. Texeira: The only thing, I noticed the lot sizes are smaller in this subdivision. Staff: Yes, in this particular phase the starting size was smaller than previously. Chair: Any questions for the applicant? Does the applicant have any questions? Mr. Shi eg moto: No thank you. Chair: What does the Committee want to do? Ms. Matsumoto: Move to approve final subdivision action for S-2006-04, McBryde Sugar Company, Ltd., TMK: 2-4-007:002, 003, 018, Kaldheo, Kauai. Mr. Texeira: Second. Chair: All in favor, so moved. On motion made by Camilla Matsumoto and seconded by Herman Texeira, to grant final subdivision approval for S-2006-04, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, S-2005-26,Eleanor M. Cox, 2-lot Subdivision, TMK: 2-7-005:028, O`ma`o, Kauai. Staff: Thank you Mr. Chair. The subdivision that is before you is situated in the mid section of O`ma`o (inaudible), it is situated along O`ma`o Road and is on the western side of O`ma`o Road. The applicant's request is third subdivision extension. As noted by the applicant the applicant is continuing to work with the Water Department(inaudible) requirements relating to the subdivision. (Inaudible)unknown as to when they will be complete with their negotiations, the department is recommending an extension of the application to March 22, 2012 however if the applicant is looking to seek further extension requests the applicant is required to submit an updated status report. Chair: I have a question. What is the hold up, 5 years? Staff: I think the Water Department has imposed an upgrade to the main waterline serving this parcel, a significant upgrade to the existing water facilities. Subdivision Minutes February 8,2011 4 Chair: Is something being done about that? Staff. I think part of the process involves the applicant seeking relief from the Water Board and it is an ongoing negotiation between the applicant and the Water Board. Chair: Any more questions for the planner? Is the applicant here? Staff. I spoke to the applicant yesterday and they had previous appointments. They had a chance to review the application and the recommendation and they has had no problem with it. They are hoping to get a final date. Chair: I would really like to have the applicant present. Staff. Sure. I will (inaudible)... Chair: In the future? Staff. Yes. Chair: I think it is important enough that the applicant be present for the applications, especially for an extension. In the future if you could have the applicant here. Staff. Sure. Chair: What does the Committee want to do? Mr. Texeira: Mr. Chair I recommend tentative extension request for S-2005-26, Eleanor M. Cox, TMK: 2-7-005:028, O`ma`o, Kauai. Ms. Matsumoto: Second. Chair: All in favor, so moved. On motion made by Herman Texeira and seconded by Camilla Matsumoto, to grant tentative subdivision extension request for S-2005-26, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, S-2006-27, Grove Farm Properties, Inc., 26- lot Subdivision, TMK: 3-3-003:041, Lihu`e, Kauai. Staff: Thank you Mr. Chair. As noted in the subdivision report the development is situated just west of the Uluko residential subdivision in Lihu`e. The proposal would establish a total of 26 lots, there would be 19 residential lots for roadway lots. The applicant is continuing to make progress with the subdivision. They have prepared construction plans and are still being reviewed by the various government agencies. Because the subdivision involves quite extensive Subdivision Minutes February 8,2011 5 infrastructure improvements they are asking for additional time relating to the complete the subdivision. The department is recommending an extension to January 13, 2012 and also for further extension requests they would need to submit an updated status report. Mr. Texeira: What would be required in an updated status report? Staff. Basically what I have advised the applicants to do is to list the conditions of the tentative approval and then responses to the requirements as far as where they are at or if those conditions have been met. So it is almost like a bullet or mostly likely in an outline form. Chair: This subdivision, it is coming up toward... Staff. It is right in back of the park just west of Uluko. Chair: (Inaudible) golf course? Staff: It is between the golf course and...if you look at the last map, if you identify where the County park is along Lihu`e Road, the subdivision is right behind it. The blow up of the subdivision is in that inset box right there. Ms. Matsumoto: On the map what are these dotted lines? Staff. Those are actually(inaudible)radius reference points. Chair: Any more questions for the planner? Can the applicant step forward please? Mr. Michael Tressler: Good morning. Chair: State your name for the record. Mr. Tressler: Michael Tressler, Grove Farm Properties. Chair: I have a question. Over here it says "Construction will be...", so if we give you this extension how long before you start construction? Mr. Tressler: That is a really hard question to answer. We still await our plan approval from the Department of Public Works. We finally got the comments back after eleven months so we are not really sure how long the process is going to take. In this particular subdivision, again everything is market driven but we really feel that we can get started on this particular subdivision because there are 19 lots, they are smaller lots and the price points may meet the market. We have been talking to neighboring lot owners and there are several interest in buying adjacent lots so we think there maybe enough demand to go forward as soon as we get approval. Chair: With a subdivision of this size do you guys plan on using local contractors? Mr. Tressler: Yes, it has always been our practice to do so. Subdivision Minutes February 8,2011 6 Chair: Any more questions for the applicant? Mr. Texeira: Mike,Nuhou Street, has that been resolved or are you still going through that process of being resolved? What are some of the issues pertaining to that? Mr. Tressler: I think it was resolved a couple years back, painfully resolved, but what ultimately happened is we had to move the buffer, we actually gave more land and moved the road closer to the course than it was originally planned and approved and in people's deeds at that time. So they have a lot larger buffer. We have to heighten the wall that we had originally built. So that trigger point will come when the other subdivisions, they will be coming in for more extensions because there are a number of subdivisions that go down towards the harbor in that area. And actually it is all the same situation; the plans are in(inaudible). So I guess the trigger point comes when we start construction of the Waiola Subdivision going makai so that wall should help buffer some of the noise. Chair: Any more questions for the applicant? What does the Commission want to do? Ms. Matsumoto: Move to approve tentative subdivision extension request for 5-2006-27, Grove Farm Properties, Inc., TMK: 3-3-003:041, Lihu`e, Kauai. Mr. Texeira: Second. Chair: All in favor... On motion made by Camilla Matsumoto and seconded by Herman Texeira, to grant tentative subdivision extension request for 5-2006-27, motion carried unanimously by voice vote. ADJOURNMENT This portion ended at 8:58 a.m. Respectfully Submitted. Lani Agoot Commission Support Clerk Subdivision Minutes February 8,2011 7