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HomeMy WebLinkAboutMinutes SUB 3-27-12 LA KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING March 27, 2012 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair, Herman Texeira, at 8:34 a.m., at the Lihue Civic Center, Mo'ikeha Building, in Meeting Room 2A-2B. The following Committee members were present: Ms. Camilla Matsumoto Mr. Herman Texeira Mr. Jan Kimura Absent and excused: Mr. Hartwell Blake 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. MINUTES On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve meeting minutes of February 14, 2012 and February 28, 2012, motion carried unanimously by voice vote. GENERAL BUSINESS MATTERS (NONE) COMMUNICATIONS (NONE) UNFINISHDED BUSINESS (NONE) NEW BUSINESS Tentative Subdivision Action, S-2012-10,Don Ho Enterprises LL C, et. al.,2-Lot Boundary Adjustment, TMK: 4-6-012:124, 125, Kapa`a, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. Before we begin I have provided a copy of the subdivision map which is in front of you. As noted in the subdivision report the proposal basically redefines the boundaries between two existing lots and they intent of the proposal is just to eliminate that one portion of the lot so that it can be consolidated into the roadway lot. And it is the intent of the applicant to eventually dedicate the roadway to the County of Kauai. VA2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx Chair: Where is this exactly located? Staff. This is in Kapa`a, Waialiali Estates. It is at the very end of that one dead end street. Chair: Before the Cannery. Staff. Yes. As you are going up Kawaihau Road it is to your left. Chair: Right past(inaudible)road, right, got it, especially since I live right below there. Staff. The subdivision map has been routed to the reviewing agencies for comment. The agency comments have been incorporated into the subdivision report with the exception of the Water Department. There is a condition that the applicant will be notified upon receipt of their requirements but as a standard procedure for subdivisions the applicant needs to work directly with all the reviewing agencies anyway. So as a result the department is recommending tentative approval of this subdivision application. Chair: Thank you, any questions for Dale from our Commissioners? Seeing none I would like to call on the applicant please or the applicant's rep? Staff. I did talk to the applicant's representative, he is off island today but luckily we have a knowledgeable public citizen who is very familiar with this area. Chair: Okay, so nobody from the public wants to speak on this agenda item? Seeing none,what are the wishes of this body? Mr. Kimura: So we don't have a representative? Staff. He notified me that he will be off island. Mr. Kimura: So that would be a no. Staff: No. Mr. Kimura: I just wanted to get it on record. Chair: For the record it is a negative. What are the wishes of this body? Ms. Matsumoto: Move to approve tentative subdivision action for S-2012-10, Don Ho Enterprises, LLC, et. al., TMK 4-6-012:124 and 125, Kapa`a, Kauai. Mr. Kimura: Second. Subdivision Committee Minutes March 27,2012 2 VA\2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx Chair: Any discussion, seeing none all those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura,to grant tentative subdivision approval for 5-2012-10, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, 5-2008-04,Niu Pia Land Company, Ltd., 23- Lot Subdivision, TMK: 4-4-002:012, 13, 15, 88, Wailua Homesteads, Kauai. Staff. Thank you Mr. Chair. As noted in the subdivision report this is a 23-lot subdivision. This is the applicant's third extension request of this application. The applicant has been trying to resolve the infrastructure requirements relating to the subdivision and as noted it is quite extensive, and also the applicant would have to comply with the requirements of the Housing ordinance as well. The department is recommending an extension of the application to January 22, 2013, but at the same time we are requiring an updated status report of the subdivision application and that should be submitted to the department sixty days prior to the expiration date. Chair: So that would be in November. Staff. Yes. Chair: Any questions? Mr. Kimura: So this is all they did in three years? Would that be considered a lot or less than what would be expected from the department? Staff. From what I understand the challenges involve infrastructure. In previous discussions with the applicant they are trying to minimize the amount of stream crossings within the parcel. I think from what I saw there are at least two that they are looking at. Mr. Kimura: They are trying to minimize it. Staff. Yes. Chair: Exactly where is this now? Staff. By the iron bridge. Mr. Kimura: Right below Alexander Nursery. Staff. Yes. Staff. This is Kamalu here; there is the iron bridge that is right here. It is considered a historic bridge as well. Subdivision Committee Minutes March 27,2012 3 VA\2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx Mr. Kimura: It is right by Leonard Kaui's house,right, that iron bridge right there? Staff. Before you go up Kipapa Road. Chair: Before I call on you let me just ask if any of the Commissioners have any questions of Dale. Okay, go ahead. Mr. Clyde Kodani: For the record, Clyde Kodani, and with me is Sam Pratt. It is off of Puopai Road, the one lane bridge and then right at the end section of Puopai, Kipapa and... Mr. Kimura: It is up by(inaudible)place, further up. Mr. Kodani: Yes, (inaudible)place you turn left to go up. Mr. Kimura: The one by the big mango tree? That is the one you are talking about? Mr. Kodani: Yes. Chair: Right on the left side, the right is the pasture, right? Mr. Kodam: It is the pasture side as you are going from Wailua Homesteads towards Kapa`a. Chair: Was that formerly Sanchez property? Staff: Never was, it is adjacent to Sanchez. Mr. Kodani: It has always been under Niu Pia. Chair: Adjacent to the Sanchez property. Mr. Kodani: Right. According to Mr. Pratt, Mr. Sanchez leases the land from. Chair: Do you have any comments in regards to the staff report or your own...? Mr. Kodani: No comments except Commissioner Kimura asked the question whether three years is too long or too short. In this case time wise it looks and sounds extremely long but we had to like staff indicated there were a lot of improvement requirements, infrastructure requirements. And so we had to meet with Public Works because that bridge on Puopai Road, it was an older bridge and so Public Works didn't want to touch it so we had to try to work with Public Works on how to avoid that area when we were trying to figure out where the intersection would be. That took some time; we had to meet with the County Public Works Department to come up with alternatives. Subdivision Committee Minutes March 27,2012 4 VA\2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx Then I think after that I think the housing requirements came into play which now necessitated the developers to go back and reassess the configuration because now the housing penalty wouldn't make sense for...we would probably have to go and reevaluate from a financial standpoint because of the housing. And most recently the question as to ownership because there are a few streams or ditches that traverse through the property and the engineer's opinion is that it is separate lots of record, this engineer's opinion of separate lots of record. But the famous County Attorney's office may have a difference of opinion and they have been working with, actually the County Attorney's office has been working very closely with the State Attorney General's office for a determination. And until we get that determination the density and amount of lots is dependent upon that decision so we are kind of in limbo right now, we are kind of stuck right now. Mr. Kimura: I have another question. Coming off Kamalu Road turning left into your subdivision, Puopai, when you come off that stop sign is that distance far enough for a car to make a left hand turn without...right here, you are turning into here. That intersection is pretty close to the stop sign, right? Chair: Is it about 50 feet before he hits that stub out, the entrance to the subdivision? Mr. Kimura: Right in front of that intersection where you pull out from your subdivision? Mr. Kodani: The proposed subdivision? Mr. Kimura: Yes, there is a stop sign right there. How many feet is it before you turn into your subdivision turning left into your subdivision? Mr. Kodani: I would say maybe about 150 to 200 feet. But our proposed intersection is directly across the existing Kipapa Road intersection. We wanted to move, our thought process was to move our proposed intersection further north but then Public Works prefers to have an intersection, a cross intersection verses offset intersections. If not, if we were to offset it we would have three intersections in a vicinity of like 300 feet. Mr. Kimura: My question would be, would that be a safety factor? Mr. Kodani: I really don't believe so. Mr. Kimura: It is not like that intersection is busy. Mr. Kodani: No, it is not busy and I believe, I am not sure if Kalama when it comes to Puopai, if Kalama is a stop sign also. So if it does, I don't know if it does or doesn't but if it does then you stop all the traffic there, everybody stopping like 150 feet and it is a one lane bridge. Mr. Kimura: Well there should be a stop sign at Kalama and Puopai. Subdivision Committee Minutes March 27,2012 5 VA\2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx Mr. Kodani: I know Puopai has a stop sign but I am not sure if Kalama has one or not. But the majority of Kalama traffic from the (inaudible) side, I don't think they really go towards Puopai, a lot of them are just coming down. Mr. Kimura: If they are going to Kapa`a. Mr. Kodani: They are coming back down towards the Wailua Homesteads side. Chair: Anybody else? You mentioned the streams that traverse through the properties, who will be in charge of maintaining those streams as they come through the property? Will the landowner be responsible for maintaining those streams? Mr. Kodani: It depends on who the landowner is right now or what is the title to the land right now and we are not sure whether it... Chair: So as a property is subdivided into the proposed twenty three lot subdivision it may be more or less depends on... Mr. Kodani: The proposed subdivision we have right now as applied for takes into account the streams as separate lots of record owned by the State of Hawaii and so that is the question that needs to be resolved. I think the County Attorney's office and the Attorney General's office are in discussions. Chair: I am a little bit confused and I am sure you are in regards to the County Attorney' S office but my question is the legal ownership is going to be retained with the State or are you trying to determine, you may acquire part of that parcel that...the stream? Mr. Kodani: We want to keep it as the State owns the ditch or the stream. Chair: You want it to be that? Mr. Kodani: Yes. Chair: So that doesn't change the lot sizes that you have recommended then. In other words that twenty three unit subdivision will remain twenty three units, am I correct? Mr. Kodani: If it is determined that the stream is owned by the State, yes. Chair: If it isn't what would you be proposing? Mr. Kodani: We would have to reevaluate it because of the number of lots. It is kind of running into the contiguous lot. Chair: So you would have to reconfigure. Subdivision Committee Minutes March 27,2012 6 VA\2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx Mr. Kodani: We would have to go back and reevaluate. Chair: So that is something to reconsider in terms of you are asking for a one year extension,right, and so this may not even be resolved within the next twelve months. Mr. Kodani: I thought you were going to say twelve years. Mr. Jung: Let me give you a little bit of background. The ditch, stream and railroad right-of-ways are an issue that we have been dealing with for the last(inaudible) years. In this particular case there is a little bit of a distinction here which we are trying to sort out through the Land Court documents. The Land Court it appears had recognized these things as separate lots but in the original land patent that was issued for the property had the same language except reserving these ditch, stream and railroad right-of-ways as whether or not they are true, fee simple lots, or mere encumbrances as an easement versus fee simple properties. So that is the thing we are trying to iron out in this. We have one case on appeal which we are dealing with right now. So the issue with this particular case is analyzing the Land Court documents and what happened after the land patent got issued. Because when they were doing the territorial homesteading movement in the early 1920's they would carve up these big giant lots and then put people on the properties for farming and the if they farmed for a certain number of years they could purchase that piece of property for a relatively cheap price. So what happened was these ditch, stream and railroad rights were laid out just in case. Some were actually in use; some were laid out just in case, reserve to the State so it is interpreting the language, reserving and accepting what that means. We won at circuit court on a different case which is the different from this case but that decision is on appeal right now. Ms. Matsumoto: So the twenties. Mr. Jung: From the 1890's when they did the territorial homesteading act when they would carve up these large lots and the territory at the time would issue them out to different landowners. And it ended around 1935, 1 think. Chair: Thank you, any other questions? Mr. Kimura: This subdivision will be up on stilts,right? It is all two-story homes? I mean because they are in the flood zone. It says 100 flood fringe. Mr. Kodani: There is a floodway and a flood stream, flood fringe limits and wherever it falls within the flood fringe and floodway limits we would have to all...the structure would have to comply with FEMA requirements. And those that are not, if they are out of the floodway... Mr. Kimura: Thanks. Subdivision Committee Minutes March 27,2012 7 VA\2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx Chair: Anyone from the public wishing to testify on this particular application? Seeing none what are the wishes of this body? Ms. Matsumoto: Move to approve tentative subdivision extension request for 5-2008-04, Niu Pia Land Company Ltd., TMK 4-4-002:012, 13, 15 and 88, Wailua Homesteads, Kauai. Mr. Kimura: Second. Chair: Any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura,to grant tentative subdivision extension request for 5-2008-04, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, 5-2010-12 =State of Hawaii DLNR, Land Division, 2-lot Subdivision, TMK: 4-6-003:004, 10, 21, 34, Kapa`a Homesteads, Kauai. Staff. Thank you Mr. Chair. As noted in the staff report the intent of this subdivision application is to accommodate the County water tank site that is existing there on the property, it is identified as lot 87-A on the subdivision map that you have in front of you. As noted this is the applicant's first extension request. Actually there have been a lot of progress with this subdivision application; the final subdivision maps have been routed. To date we have received approvals from both State Health Department and the County Water Department, all we are waiting for right now is the approval from the County Department of Public Works. As a result we are recommending an extension to August 10, 2012. Chair: Any questions of Dale? Seeing none, is the applicant...? Staff: Water couldn't come down. Chair: If that is the case do we still have any questions if Water isn't available, any further questions on this extension request? Seeing none is there anyone from the public wishing to testify on this application? Seeing none what are the wishes of this body? Ms. Matsumoto: Move to approve tentative subdivision extension request for 5-2010-12, State of Hawaii DLNR, Land Division, TMK 4-6-003:004, 10, 21 and 34, Kapa`a Homesteads, Kauai. Mr. Kimura: Second. Chair: Any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to grant tentative subdivision extension request for 5-2010-12, motion carried unanimously by voice vote. Subdivision Committee Minutes March 27,2012 8 VA\2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx ADJOURNMENT This portion ended at 8:58 a.m. Respectfully Submitted. Lani Agoot Commission Support Clerk Subdivision Committee Minutes March 27,2012 9 VA2012 Master Files\Commissions\Subdivisions\Minutes\Minutes SUB 3-27-12 LA.docx