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HomeMy WebLinkAboutSUB Dec 13 2012 minutes KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING December 13, 2011 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair Jan Kimura, at 8:41 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. Jan Kimura Absent and excused: Mrs. Camilla Matsumoto Discussion of the meeting, in effect, ensued: APPROVAL OF THE AGENDA On motion made by Hartwell Blake and seconded by Jan Kimura, to approve the agenda, motion carried unanimously by voice vote. MINUTES On motion made by Hartwell Blake and seconded by Jan Kimura, to approve meeting minutes of November 22, 2011, motion carried unanimously by voice vote. GENERAL BUSINSS There was no general business. COMMUNICATIONS There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Tentative Subdivision Action, S-2012-02 =Saiva Siddhanta Church, 2-lot Boundary Adjustment, TMK: 4-2-007:014, 015, Wailua Homesteads, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. The proposal you have before you as noted on the subdivision agenda is a 2-lot boundary adjustment and as noted in the staff report the purpose of the proposal is to accommodate future expansion of the church facility. The subdivision map has been routed to the various reviewing agencies. We have received the agency's comments and we have incorporated them into the staff report. As a result the department is recommending tentative subdivision approval of this application. Chair: You received all the agency comments already? Staff. Except for Housing, sorry. Chair: And isn't this a subdivision? Staff: It is a boundary adjustment so no additional lots are being created. It is a consolidation of 2 lots and re-subdivision of the 2 lots. Chair: The expansion of the church? Staff. Yes, into that triangle area. Mr. Blake: I have a question. Can Kuamoo Road be widened along with or as part of this action? Staff: Because Kuamoo Road is believe it or not a State Highway... Mr. Blake: A what? Staff. It is a State Highway right-of-way. The applicant would have to resolve any road widening requirements with DOT Highways Division. Mr. Blake: Is the space set aside? Staff. Right now as conditioned in 1.c in the staff report we are recommending a future road widening reserve. Mr. Blake: Future meaning how future? Like as part of this? Staff. It is basically the intent of the future road widening reserve is to set aside lands in the event a particular roadway is widened. So it is kind of putting the landowner on notice that at such time the roadway is widened this area will be acquired to accommodate the road improvements. Subdivision Committee Minutes December 13,2011 2 Mr. Blake: I may be looking at a different type of situation but I thought whenever you act on subdivisions, subdividing or further subdividing, adjusting boundaries and so forth, you automatically dedicate land. Staff. It wouldn't be the department's jurisdiction, we would rely on those affected agencies so County roadways we would consult with the Department of Public Works. In this case with Kuamoo Road, the way I have conditioned it, the department has conditioned it, is you resolve with Highways and if Highways is requiring land for dedication then that is what the applicant would have to do. Chair: Any more questions for the planner? Is the applicant here? Ms. Yolanda Portugal-Cabral: I am Yolanda Portugal-Cabral and I am the (inaudible). Mr. Patrick Childs: I am Patrick Childs, attorney, here on behalf of the applicant. Chair: Do you have any comments on behalf of the staff report? Mr. Childs: Just a couple. Cua mentioned the use was for the expansion of the church, the church has already owned this parcel for a long time and we don't anticipate any expansion of any use other than the current use at this time. The current use is this is simply used as a mustering area for visitors to the church when the same is permitted according to the churches very tight schedule with regards to such. The question regarding Housing, I have met with Housing and they have determined that this consolidation does not fall under their concerns; they have no concerns about this. And as Mr. Cua correctly pointed out there is no change in density of the parcel nor is it anticipated that a home or dwelling would ever be built on this parcel. This is a remnant of a condominium project and all the residences; the density has already been used up with(inaudible). Chair: We still need to receive the comments from Housing? Staff. Correct. Mr. Childs: I have been in contact with Housing as recently as last week and frankly they were concerned that we weren't getting the proper tax exemptions for the parcel which is why they called me. Chair: Excuse me, can you speak into the mic? I am having a hard time hearing. Mr. Childs: I'm sorry, again Mr. Cua had mentioned about the roadway, this is a State Highway and I guess we will take that up with them. It is really high up there; it is near the terminus of the road right before the University Extension Service. Subdivision Committee Minutes December 13,2011 3 Chair: If the people of Kauai get their way that is going to be one of the main highways coming down from power line. They are just looking into the future. Mr. Childs: I don't know how you could expand that road through its length having been born and raised there but that is another problem. Chair: Any questions for the applicant? Dale, the main thing with this it seems like it is the water. Staff. Yes. As part of the subdivision process the applicant will still have to work with each reviewing agency to comply with any of their requirements. Chair: Any more questions, what does the committee want to do? Mr. Blake: Move to approve. Chair: Second, all those in favor say aye, opposed, seeing none so moved. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant tentative subdivision approval for 5-2012-02, motion carried unanimously by voice vote. Tentative Subdivision Action, 5-2012-03 =James K Keahi Trust/Randall W. Yates Trust, 2-lot Subdivision, TMK: 1-6-002:074, Waimea, Kauai. Staff. Thank you Mr. Chair. As noted in the subdivision report the proposal is a 2-lot subdivision for property in Waimea Valley. As part of the process for this application the applicant is also requesting a modification of requirement. The modification of requirement is to deviate from a requirement that each subdivided lot have direct access onto a roadway. And basically just for your information a modification of requirement is very similar to a variance request, essentially that is what it is, a variance request at the subdivision level. As noted in the staff report the criteria in granting a modification of requirement is exactly the same as a variance where you have a special circumstance affecting the subject parcel where you have topography or...in this particular case there is a historic irrigation ditch fronting the property, the Menehune Ditch. So basically the applicant has been sharing the driveway to provide access to both houses on the property and they want to continue to use the driveway to provide access to both lots and because the historic feature is on the National Register we don't want to impact this particular ditch. As a result we are approving the deviation for the modification of requirement to allow access for these two lots off one common driveway. And at the same time the department's recommendation is to approve the applicant's request and also note the requirements of the various reviewing agencies. I believe we have received all of the agency comments for this application. Subdivision Committee Minutes December 13,2011 4 Mr. Blake: So, but for the fact that the Pehe Kauai ditch borders the eastern boundary they would have to have put in their own... Staff. Driveway access. Mr. Blake: Their own access to Menehune Road. Staff. Yes. Mr. Blake: Why is that necessary in a case like...why wouldn't you want to consolidate all of the access in one place rather than...? Staff. In a typical subdivision the intent is to allow access to each individual lot and not be an encumbrance on a neighboring parcel. I think in special circumstances we would allow shared driveways but I would say 99 percent of the time we would recommend each subdivided lot have their own access. Chair: Any more questions for the planner, the applicant? Mr. Roger Caires: My name is Roger Caires, land surveyor representing the owners who are on vacation out of state. Chair: Do you have any objections or questions? Mr. Caires: No questions, no objections. Chair: I have a question. Is this a family lot? Mr. Caires: Yes it is. Chair: And in the future if they have a family feud what are they going to do about it once we allow this? Mr. Caires: I have no idea. Staff. I guess the intent of the driveway is to serve as an exclusive easement to provide access to the property in the back. Mr. Caires: Yes. Mr. Blake: I have one question, is the Pehe Kauai ditch faced with stone? Mr. Caires: No its not. Mr. Blake: It is just an open ditch. Subdivision Committee Minutes December 13,2011 5 Mr. Caires: Yes. Chair: Any more questions for the applicant? What does the committee want to do? Mr. Blake: Move to approve. Chair: Second, all in favor say aye, opposed, seeing none, so moved. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant tentative subdivision approval to 5-2012-03, motion carried unanimously by voice vote. Tentative Subdivision Action, 5-2012-04 = Cornerstone Hawai`i Holdings, LLC., 2-lot Boundary Adjustment, TMK: 4-7-002:002,003, Kedlia, Kauai. Staff: As noted in the staff report, subdivision report, the proposal redefines the boundaries between three existing lots and it actually relocates two Kuleana parcels within the large parcel. The preliminary subdivision map has been routed to the various reviewing agencies. We have received most of the agencies with the exception of Public Works and Housing Agency. Because of time restraints we are recommending tentative subdivision approval of this application with the requirement that the applicant resolve those requirements from Public Works and with Housing. Mr. Blake: So lot A is the big one. Staff: Yes, that is the surrounding parcel. Mr. Blake: And what happens to those, (inaudible), are those the ones that are going to be used...? Staff. The historical value of these Kuleana remains in place but the boundary lines are relocated to that one corner of the property. But like I said from a historical sense they are still identified here but the boundaries... Mr. Blake: So these apana move up to B and C? Staff: Correct. Mr. Blake: No further questions of the planner. Chair: Is the applicant here, do you have any comments on the staff report? Mr. Dennis Esaki: No, Dennis Esaki representing the owner Cornerstone Holdings. In answer to Commissioner Blake's question Dale is correct, the position of the Kuleana remains Subdivision Committee Minutes December 13,2011 6 there but the entitlement would be transferred. I believe under a recently passed ordinance involving 4 or less lots boundary adjustment that this would come under that new law. Chair: Any comments? Mr. Esaki: No, we request approval. Chair: Any questions for the applicant? Mr. Blake: None. Chair: What does this committee want to do? Mr. Blake: Move to approve. Chair: Second, all in favor say aye, so moved. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant tentative subdivision approval for 5-2012-04, motion carried unanimously by voice vote. Tentative Subdivision Action, 5-2012-05 =Kedlia Makai Holdings, LLC., 2-lot Subdivision, TMK: 4-7-006:018, 4-7-007:001, Kedlia, Kauai. Staff. Thank you Mr. Chair, again the proposal redefines the boundaries between 2 existing properties. As noted the intent of the proposal is to provide a more buildable area for the smaller lot,proposed lot 18-A. The subdivision map has been routed to the reviewing agencies for their comments, we have received all of the agency comments and we are recommending tentative subdivision approval of this application. Chair: Any questions of the planner? Mr. Blake: When you have a combined Urban/Ag. lot like this and the law prevents or does not permit dividing the Ag. portion off of the Urban is the landowner required to submit an agricultural plan? Staff. If you want them to you can warrant one for the agricultural zoned portion of the property. Mr. Blake: When you are looking at the map, where is the agriculturally zoned portion? Staff. It would be towards the...if you are looking at the map and if you locate lot 18 and you see that dashed line...if you are looking at the subdivision map and you see the former boundary line of lot 18 which is identified in that dotted line, if you see the word Kuhi`6 Highway and you look straight down...you see lot 17 and to its right is lot 18? So that dotted Subdivision Committee Minutes December 13,2011 7 line represents the boundary line between the residential zone and the agricultural zone. To its left, the Kapa`a side, is the R-6 zone. Mr. Blake: That is the 100 foot highway building setback line? Staff. The 100 foot highway setback line was established as a part of the Kealia Ag. subdivision. So the area to the right of that dotted line is the agricultural zoned portion. Chair: Is the applicant here? Mr. Esaki: Dennis Esaki representing the owner. I have a question. I understand the intent of the condition which says since there is a onetime subdivision limitation on Ag. zoned parcels the Ag. zone portion may not be subdivided apart from the residential zoned portion. I see the intent of giving that density to lot 18-A. But I question the technicality of not being able to subdivide non-Ag. land from Ag. because of the onetime subdivision rule. Staff. The intent is so that you cannot create another lot as a result of subdividing out that Ag. portion. The Kealia Ag. Subdivision utilizes density and I believe it was a 29-lot subdivision. If you were to subdivide out the agricultural zoned portion from lot 18-A, essentially you would be creating one additional lot within. Mr. Esaki: I understand. Chair: Any more questions? Mr. Blake: Move to approve. Chair: Second, all those in favor say aye, so moved. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant tentative subdivision approval for 5-2012-05, motion carried unanimously by voice vote. Final Subdivision Action, 5-2007-31 =Andrew Vea/Glenn Kagawa/Gerry Covaso, 3-lot Subdivision, TMK: 2-3-002:105,106, Kalaheo, Kauai. Staff. Thank you Mr. Chair. The proposed 3-lot subdivision, the final map has been routed to the reviewing agencies for their approval. We have received all of the agency approvals for this subdivision and as a result we are recommending final subdivision approval of this application. As noted in the staff report the proposal basically involves establishing a roadway lot, C,to serve access for these lots. Chair: Any questions for the planner? Seeing none, is the applicant here? Ms. Portugal-Cabral: Yolanda Portugal-Cabral on behalf of the applicant. Subdivision Committee Minutes December 13,2011 8 Chair: Any comments on the staff report? Ms. Portugal-Cabral: No comments. Chair: Do you have any questions for the applicant? Seeing none what does the committee want to do? Mr. Blake: Move to approve. Chair: Second, all in favor say aye, so moved. On motion made by Hartwell Blake and seconded by Jan Kimura,to grant final subdivision approval for 5-2007-31, motion carried unanimously by voice vote. ADJOURNMENT This portion ended at 9:05 a.m. Respectfully Submitted. Lani Agoot Commission Support Clerk Subdivision Committee Minutes December 13,2011 9