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HomeMy WebLinkAboutMinutes SUB 4-10-12 LA KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING April 10, 2012 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair, Herman Texeira, at 8:40 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. Herman Texeira 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 Herman Texeira, to approve the agenda, motion carried unanimously by voice vote. GENERAL BUSINESS MATTERS (NONE) COMMUNICATIONS (NONE) UNFINISHED BUSINESS (NONE) NEW BUSINESS Tentative Subdivision Action, S-2012-08,Princeville Prince Golf Course, 2-Lot Boundary Adjustment, TMK: 5-3006:001, 014, Princeville, Kauai. Staff Planner Dale Cua: As noted in the subdivision report the proposal redefines the boundaries between two existing lots. These lots were actually created through Princeville Ranch Agricultural Subdivision that was approved back in 2009. Essentially the boundary adjustments would provide a more buildable area for one of the resulting lots, lot 16-A. The subdivision map has been routed to the various reviewing agencies and their requirements have been incorporated into the subdivision report. As a result the department is recommending tentative subdivision approval of this application. Chair: Any questions? Subdivision Committee Minutes April 10,2012 1 VA2012 Master Files\Commissions\Subdivisions\Minutes\SUB 4-10-12.docx Mr. Blake: I have a general question. You know this statement that says "dwellings on the lot shall (inaudible) single family dwelling located on and used in connection with the farm where agricultural activity provides income to the family occupying the dwelling." How is that...is that standard language? Staff: Standard language that is part of Chapter 205, Hawaii Revised Statutes. Mr. Blake: Do we enforce that? Staff. Usually at the time of building permit the applicant completes a farm dwelling agreement that the department files. Mr. Blake: Do they have to file a farm tax return? Staff. As far as taxing is concerned that is something that is coordinated between the landowner and Real Properties. Mr. Blake: In paragraph (e), the last sentence says, "Furthermore, any amendments to these approved areas," I thought we should add after that, "amendments proposed by the applicant shall first be submitted, reviewed, and approved by the Planning Department and its discretion." The only reason I propose that whether it is acceptable or not is all these problems we have been having with"shall" and"may". So that is my suggestion. Chair: What do you think Dale? Mr. Blake: Essentially it means the same thing it just ties it down. Staff: Right and the background behind this condition is when they did that Princeville Ranch Subdivision they prepared an agricultural master plan that indicated specific house sites. So I am just saying that if there are any changes as a result of this subdivision with the approved house sites, that needs to be reviewed by the department. Mr. Blake: Because if I read it just the way it stands it says, "Any amendments to these areas shall be", that means we have to do it whether we want to or not. So do you feel that that additional qualifiers help? Staff. I guess it has been for me, my standard practice,to incorporate "shall"because if we have to do it we use the word"shall" into that language. Mr. Blake: What if we do it and we don't approve it? They cannot argue that we shall approve. Staff. Well actually if you are worried about you have to approve the proposal.... Mr. Blake: It is just because of all this "shall" and"may" stuff. Subdivision Committee Minutes April 10,2012 2 VA2012 Master Files\Commissions\Subdivisions\Minutes\SUB 4-10-12.docx Staff. We could consider eliminating the word"approved" and just say shall be approved by the department. Mr. Blake: That is fine. Chair: So we don't need to modify the language. I don't have any questions. Mr. Blake: So just take out the "approved". Chair: Is that okay? Staff. Yes. Chair: I will ask the applicant. Mike, are you representing Princeville, would you come forward please? Mr. Michael Loo: For the record Michael Loo, representing the applicant. Chair: Good morning. You heard the discussion, we are just changing... Staff. Just eliminate the words "and approve" so at least we are going to review it. Chair: Are you familiar with what we are talking about Mike? Mr. Loo: Yes I am. Chair: And you concur with that? Mr. Loo: No objections. Chair: We can read that into the record then. Do I need make a motion for that? Mr. Jung: If there is a motion to approve then after you make the main motion to approve there has to be a motion to amend. Mr. Blake: Move to approve. Chair: Second,before we do that I would like to call on anybody from the public wishing to testify on this application please come forward. Seeing none... Mr. Blake: Move to approve. Chair: Second, any discussion? At this point we need to make a motion to amend so you are making that motion? Subdivision Committee Minutes April 10,2012 3 VA2012 Master Files\Commissions\Subdivisions\Minutes\SUB 4-10-12.docx Mr. Blake: I move to amend by deleting the term "and approved". Chair: Second, any discussion? Staff. Just for clarification purposes this is in regards to condition Le of the subdivision report. Chair: So this is in regards to Le, all those in favor say aye, those opposed, motion carried. On motion made by Hartwell Blake and seconded by Herman Texeira, to amend condition No. Le, motion carried unanimously by voice vote. Chair: Now back to the main motion which is to approve as amended. Mr. Blake: Move to approve as amended. Chair: Second, any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Hartwell Blake and seconded by Herman Texeira, to grant tentative subdivision approval for 5-2012-08, as amended, motion carried unanimously by voice vote. Final Subdivision Action, 5-2007-34 =Kukui Grove Center Investment Group, Inc., 3- Lot Subdivision, TMK: 3-3-006:016, 019, Lihue, Kauai. Staff. This application is up for final subdivision approval. The application involves a 3- lot subdivision and essentially it is to accommodate the roadway improvements along Kalepa Street that were associated with the Costco development across the street. The final subdivision map has been routed to the various reviewing agencies. We have received all of the final subdivision approval letters and as a result the department is recommending final subdivision approval of this application. Chair: So Dale, in your evaluation this is going to create one additional lot? Staff. It is already done. As you drive along Kalepa Street you notice it is to accommodate those turning improvements into that main entry road between Costco and Home Depot. Chair: If there are no questions of the staff I would like to call on the applicant's rep. Mr. Dennis Esaki: Good morning, for the record Dennis Esaki representing the applicant. As Dale mentioned this is in conjunction with the improvements required for Costco and the improvements have been done already. We are just finalizing the paperwork now. Subdivision Committee Minutes April 10,2012 4 VA2012 Master Files\Commissions\Subdivisions\Minutes\SUB 4-10-12.docx Chair: Any questions of the applicant's rep.? Seeing none, anyone from the public wishing to testify on this application? Seeing none... Mr. Blake: Move to approve final subdivision approval. Chair: Second, any discussion, all those in favor say aye,those opposed, motion carried. On motion made by Hartwell Blake and seconded by Herman Texeira, to grant final subdivision approval for 5-2007-34, motion carried unanimously by voice vote. Final Subdivision Action, 5-2009-28,Barbara J. Daumiller/John C. &Dawn B. MaQes/State Dept. of Transportation, 2-Lot Subdivision, TMK: 5-1-005:113, Kilauea, Kauai. Staff. As noted in the staff report the proposal involves a 2-lot subdivision and the intent of the proposal is to actually accommodate improvements made by the State Department of Transportation and it basically involves a drainage culvert that goes under the highway. It occurs in mile marker 21.7 which is right within Wailapa. The final subdivision map has been routed to agencies, we have received their approval and we are recommending final subdivision approval of this application. Mr. Blake: Move to approve final subdivision. Chair: I'm sorry; could we call on the applicant's rep.? Mr. Dennis Esaki: Good morning again, Dennis Esaki representing the applicant. This is in conjunction with the Koloko Flood and the repairs to the culverts across the highway along the stream. As Dale mentioned the slope stabilization for the culvert is requested by the State. Chair: Anyone from the public wishing to testify on this application? Seeing none, Mr. Blake? Mr. Blake: I have no questions. Move to grant final subdivision approval. Chair: Second, any discussion, all those in favor say aye, those opposed, motion carried. On motion made by Hartwell Blake and seconded by Herman Texeira, to grant final subdivision approval for 5-2009-28, motion carried unanimously by voice vote. ADJOURNMENT This portion ended at 8:52 a.m. Subdivision Committee Minutes April 10,2012 5 VA2012 Master Files\Commissions\Subdivisions\Minutes\SUB 4-10-12.docx Respectfully Submitted. Lani Agoot Commission Support Clerk Subdivision Committee Minutes April 10,2012 6 VA2012 Master Files\Commissions\Subdivisions\Minutes\SUB 4-10-12.docx