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HomeMy WebLinkAboutSUB 1-10-12 minutes KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING January 10, 2012 The regular meeting of the Planning Commission Subdivision Committee was called to order by Vice Chair, Camilla Matsumoto, at 8:37a.m., at the Lihue Civic Center, Mo'ikeha Building, in Meeting Room 2A-213. The following Committee members were present: Mr. Jan Kimura Mr. Hartwell Blake Mr. Herman Texeira Discussion of the meeting, in effect, ensued: APPROVAL OF THE AGENDA On motion made by Hartwell Blake and seconded Camilla Matsumoto, to approve the agenda, motion carried unanimously by voice vote. GENERAL BUSINESS MATTERS There were no general business matters. COMMUNICATION There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Tentative Subdivision Action, S-2011-21,Kukui`ula Development Company, (Hawai`i) LL C, 40-Lot Subdivision, TMK: 2-6-019:022, 023, 024, Kukui`ula, Kauai. Staff Planner Dale Cua: As noted in the subdivision report the proposal involves a 40 lot subdivision. In this subdivision a total of 38 residential lots will be created, there will be one roadway lot and one detention basin parcel. The development is subject to the applicable requirements of the Kukui`ula ordinance which is ordinance No. PM-2004-379, and it should be also noted that the development is exempt through ordinance 912 regarding the TAUS. The preliminary subdivision map has been routed to the various reviewing agencies for comments, the agencies requirements have been incorporated into the subdivision report. As a result we are recommending tentative subdivision approval of this application. Chair: Any questions of the planner? Mr. Blake: I was looking at the map, where is not 39? I see it,between 9 and 10. Ms. Matsumoto: Do you have a question about lot 39? Mr. Blake: I just wondered where it was. Ms. Matsumoto: Our Chair is here so I will move it over to our Chair. I have a question, l.D, it says that there is no direct access to Ala Pua Lei Kukui so could you explain that a little bit? Staff. Based on the classification of the Ala Pua Lei Kukui I think the subdivision ordinance tries to encourage minimal access onto a certain type of roadway classification. So in the case of lot's 21 and 37 we are encouraging that access be obtained through another source as opposed to this one particular road. So in this case the primary access for lot 21 would be through the cul-de-sac as opposed to the main road. Chair Kimura: Anymore questions for the planner? Seeing none is the applicant here? Mr. Lindsay Crawford: Good morning Commissioners, for the record, Lindsay Crawford, Kukui`ula Development Company. Chair: Do you have any questions or concerns about the staff report? Mr. Crawford: Just one quick question Dale, I didn't get to see the staff report since the last time this was on the docket, is it exactly the same as it was the previous time? Staff. Yes, the only difference is at the time the report was prepared back in September of last year there were not requirements from the Water Department, since that time requirements have been submitted and been incorporated into the report. Mr. Crawford: Okay and I am pretty familiar with those. Chair: Any questions for the applicant? Mr. Blake: Move to approve. Ms. Matsumoto: Second. Chair: All in favor say aye, any opposed, seeing none so moved. Subdivision Committee Minutes\ January 10,2012 2 On motion made by Hartwell Blake and seconded by Camilla Matsumoto,to grant tentative subdivision approval for S-2011-21, motion carried unanimously by voice vote. Final Subdivision Action, S-2005-26,Eleanor M. Cox, 2-Lot Subdivision, TMK: 2-7- 005:028, O`ma`o, Kauai. Staff. Thank you Mr. Chair, as noted in the subdivision report the proposal involves a 2 lot subdivision for a property in O`ma`o along O`ma`o Road. The final subdivision map has been routed to the various reviewing agencies and we have received all of the approval letters. As a result we are recommending final subdivision approval of this application. Chair: So there is a park dedication. Staff. Yes. Chair: This is the separation of two lots is what you said? Staff. One lot into two. Chair: I am just curious why in the past we separated two lots and there is no park dedication and this one has park dedication? Staff. Because when there is...a lot of it depends on whether there is an existing residence on the property or not so like in this particular case there is one residence on the property, the subdivided lot will be vacant. And as a result they need to pay a park fee for that vacant lot. Chair: They can't just donate the land to the park? Staff. It is more convincing, our Department of Parks and Rec., rather they want it or not. Chair: Any questions for the planner? Mr. Blake: I have a question, this property is situated in the vicinity of an existing piggery, that is the Kaneshiro Pig farm. Staff. Yes it is close enough to where they could be impacted by the smell. Mr. Blake: This is all Ag. land, right? Staff. Rural. Chair: Rural, residential community, General Plan. Subdivision Committee Minutes\ January 10,2012 3 Mr. Blake: So if the wind blows in the wrong direction for a long period of time does that give rise to any complaint about the piggery? Staff. Probably and I am sure newer residents in that area would probably voice their concerns but it is something that they would probably take up with the Health Department if anything. That is why I made that comment so that as a disclosure if the parcel is being sold to an outside party. Mr. Blake: I know that when there is subdivision of land around cane fields one of the things that they have to accept is the fact that it is Ag. land and you are going to have dust and noise from machinery and so forth. And so I am wondering why that can't also be the case here because they are moving closer, the piggery has been there forever. They are moving to the piggery. Staff. The piggery is on agriculturally zoned property. Chair: Yes but I understand exactly what Hartwell is saying, they move next to the piggery or close to it and then next thing you know they are trying to get the piggery to shut down which I think is wrong. So is there anything that we can do to stop that from happening in the future? Staff. From a land use perspective... Chair: From this particular subdivision. Staff. No. Chair: Any why not? Mr. Jung: It is a matter of, it is sort of a private issue because it common law of nuisance where you are actually coming to the nuisance so you have knowledge that it exists. Mr. Blake: But it's not a nuisance it is a certified legal use. Mr. Jung: No, the theory, the legal theory is coming to the nuisance so if the piggery exists and then the development is established then they were aware that the piggery was there and they came to the nuisance. So it is a defense to the new development asserting an argument that the piggery should be shut down because it is a nuisance. But the coming to the nuisance is the defense to that claim of nuisance. Staff. It is not different than people moving into the Molokoa area where they are in close proximity to the airport. Chair: You understand, right, you have transients coming from any place other than Kauai and they don't know anything about Kaneshiro farm and we the people of Kauai depend Subdivision Committee Minutes\ January 10,2012 4 on that piggery for parties and everything else. I just that if we can put some kind of condition in there where they acknowledge that there is a piggery there before they even buy the property, the future buyers because the residents there already know it's there. I'm just saying, it is the way of life of these transients that move here, change, they want change to them. Staff. Sure, as part of the final approval letter the department can suggest that they could put a disclosure on the vacant property that they are in close proximity to the piggery operation. Chair: I good with that. Staff. It is just more of an advisory. Chair: Is that acceptable Mr. Jung? Mr. Jung: Yes, as long as it just discloses the fact the piggery is adjacent. Mr. Blake: Because even if they begin to or initiate an action you still have to spend money to defend yourself and say you knew before you moved in. So I would like to provide the farmer with as much amo as we can provide him by having it in big bold black print. Ms. Matsumoto: When you say vicinity can you describe the location of the piggery? Staff. I think within a quarter mile distance of the operation but I think as we all know when it is Kona winds the wind blows in every direction and you will be impacted by the smell. Chair: Any more questions for the planner? Mr. Blake: Just include a specific detailed notice. Staff. Sure. Chair: Is the applicant here? Staff. The subdivider agent is unable to attend. I talked with him on Monday and he said they have no problems with the recommendation. Chair: Why weren't we notified that he wasn't going to be here? Staff. Because we got into a discussion on the piggery. But yes, he is unable to attend. Chair: What does the Commission want to do? Mr. Blake: I would move to approve subject to the inclusion of a detailed advisory even to the point of telling them that when Kona winds blow so they find no wiggle room in there. Subdivision Committee Minutes\ January 10,2012 5 Ms. Matsumoto: Kona winds and/or variable winds. Mr. Jung: In that motion Commissioner Blake, if you could delegate that authority to the Planning Department to make such notice. Mr. Blake: I move to approve and also as an adjunct to the motion ask the Planning Department to include a detailed notice to the applicant of the fact that the piggery is proximate to the lots and that there will be times when the odor of the agricultural operations will encompass their lives. Or something to that affect. Ms. Matsumoto: Second. Chair: All in favor say aye, any opposed, seeing none so moved. On motion made by Hartwell Blake and seconded by Camilla Matsumoto,to grant final subdivision approval for S-2005-26 and delegate authority the Planning Department to put the applicant on notice regarding adjacent agricultural operations, motion carried unanimously by voice vote. ADJOURNMENT Committee adjourned the meeting at 8:54 a.m. Respectfully Submitted. Lani Agoot Commission Support Clerk Subdivision Committee Minutes\ January 10,2012 6