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