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HomeMy WebLinkAboutsd 1-22-13 minutes KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING January 22, 2013 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Committee Chair Jan Kimura, at 8:40 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. Jan Kimura Mr. Hartwell Blake Mr. Herman Texeira Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Kimura called the meeting to order at 8:40 a.m. APPROVAL OF AGENDA On the motion by Herman Texeira and seconded by Hartwell Blake to approve the agenda, the motion carried by unanimous voice vote. PUBLIC COMMENT FOR LISTED AGENDA ITEMS There were no public comments on listed agenda items. GENERAL BUSINESS MATTERS There were no general business matters. COMMUNICATIONS There were no communications. 1 VA2013 Master Piles\Commissions\Subdivisions\2013-1-22 Subdivision Committee Minutes _. FEB 12 2013 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS (For Action) Tentative Subdivision Action: S-2013-8-Princeville Prince Golf Course LLC 9-lot Subdivision TMK: 5-3-006:025, Princeville Kauai. Chair Kimura disclosed that he is associated with Princeville. He recused himself and requested that Vice Chair Blake chair the meeting for this agenda item. Staff Plamier Kenneth Estes read the staff report into the record (on file). Commissioner Texeira questioned the history of the property. Staff Planner Dale Cua stated that the property is situated on the mauka side of Anini Road, situated across from the county park. The property is fallow ag land, primarily used for pasture and does not include the polo land. Commissioner Texeira questioned if the property is flat. Mr. Cua stated that the property is situated from the base of the mountain all the way to Anini Road. Commissioner Texeira questioned the run off from the mountain. Mr. Cua stated that it is a combination of pasture lands and there are some streams that traverse the property and end in the ocean. As part of the development, the applicant would have to address the drainage concerns from the Department of Public Works. Vice Chair Blake questioned if it would be drainage that goes from mauka through the proposed subdivision or just the lots that border on the streams. Mr. Cua stated that they try to retain drainage as a result of development of the parcels, but at the same time, part of the drainage plans would not alter the existing flow that is on site from the hillside to the road. Vice Chair Blake questioned condition 3 of the report; "treated effluent from leaking underground storage tank remedial activities." Mr. Cua stated that they are typical conditions that are imposed from the State Department of health for larger subdivisions. 2 VA2013 Master Files\Commissions\Subdivisions\2013-1-22 subdivision Committee Minutes Vice Chair Blake questioned if there are any underground storage tank remedial facilities planned. Mr. Cua stated that it would be upon further development of the parcels. Each individual lot, if looking to do residential type development, would have to install individual waste water systems. There is no proposed sewage treatment plant. Chair Blake questioned they expect to submit the topographical inforination for Public Works to issue their drainage comments. Mr. Cua stated that part of the subdivision process involves having the applicant work directly with the agency. If the subdivider is looking for ,final subdivision approval they would have to satisfy all of the requirements of the individual agencies which would include drainage. The applicant was not present for comments. Commissioner Texeira stated that this is an important subdivision and questioned why the applicant was not present. Mr. Cua stated that he would call to have a representative present before the full Commission. There was no public testimony. On the motion by Herman Texeira and seconded by Hartwell Blake to approve 5- 2013-08, Princeville Prince Golf Course, 9-lot Subdivision,TMK: 5-3-006:025, Princeville, the motion carried by unanimous voice vote. Final Subdivision Action: 5-2012-02=Saiva Siddhanta Church, 2-lot Boundary Adjustment, TMK: 4-2-007:014, 015_, Wailua Homesteads, Kauai. Mr. Cua read the staff report into the record (on file). The applicant is looking to do a boundary adjustment with the neighboring parcel. The purpose was to accommodate future expansion of the existing church facility in Wailua Homesteads. Part of the parcel currently includes some of the church operations on the neighboring parcels. This is to formalize the acquisition of the area. Commissioner Texeira questioned if the request includes the acquisition of the agriculture land and what area they would be acquiring. Mr. Cua displayed referenced the map and noted that the area of acquisition is .63 acres. 3 V:\2013 Master Files\Commissions\Subdivisions\2013-1-22 Subdivision Committee Minutes Commissioner Texeira clarified that acquiring the land provides justification for expanding the church operations. Commissioner Blake questioned the consolidation of the lots at Princeville and if the policy for submitting agricultural plans affect the Anini properties. Mr. Cua stated that this property is within the State agricultural land use district and contains both agriculture and open zoning. Commissioner Blake questioned if they would be contemplating imposing an agricultural plan requirement. Mr. Cua stated that it is the prerogative of the subdivision committee if they so desire. Commissioner Texeira questioned if they would be deviating from what they propose in terms of following other subdivisions. Mr. Cua noted that this particular property is already subject to Chapter 205 of the Hawaii Revised Statutes which requires a list of uses permitted within agricultural zoned properties. Commissioner Blake noted that a multi-purpose farm dwelling could be built and nothing done. Since the policy has been adopted, he questioned if it would apply to this application and when they would apply it procedurally. Chair Kimura clarified that Commissioner Blake was questioning whether the Committee can go back to the Princeville application. Deputy County Attorney Jung stated that the Subdivision Committee took action on the project and the report will be submitted to the full Commission who can then open it up for discussion. There is a provision that allows the Department to add conditions prior to final approval, but since they are still at the stage of tentative approval and it hasn't been fully ratified by the full Commission he suggested adding it at the full Commission level. Chair Kimura asked for clarification that that the Committee would not be able to go back to the Princeville application at this time because they have already voted. Deputy County Attorney Jung stated that they can reopen it before the full Planning Commission. The Committee could do a motion for reconsideration but there is a process to follow and the action would have to have been ill advised, hastily made, or they have new information. The applicant was not available. Mr. Cua stated that he notified the applicant. 4 VA2013 Master Files\Commissions\Subdivisions\2013-1-22 Subdivision Committee Minutes Chair Kimura;stated that from this day forward if the applicant is not present, the application will be deferred. He requested that staff inform all applicants that if there is no representation any application will be deferred. On the motion by Herman Texeira and seconded by Hartwell Blake to approve final subdivision action for S-2012-02, 2-lot boundary adjustment, TMK: 4-2-007:014, 015, located in Wailua Homesteads, Kauai, the motion carried by unanimous voice vote. Tentative Subdivision Extension Request: S-2007-38=SVO Pacific Inc./Kauai Blues Inc 4-lot Consolidation TMK• 2-8-015:043 044, 082; 2-8-016:004, Poipu, Kauai. Mr. Cua read the staff report into the record (on file). The intent is to accommodate the future expansion of the Sheraton Resort facility in Poipu on the mauka side of the road between Hoone and Poipu Road. This is the fifth extension of the tentative approval. The Department is recommending an extension until November 27, 2013. If the applicant is looking to seek further extensions, they will be required to again submit an updated status report. Commissioner Texeira questioned the number of extensions they would be considering besides this extension. Chair Kimura requested that this be the last extension request for this project. Commissioner Texeira stated that the Chair's point was well taken. He requested that the applicant justify why they may nerd to perhaps extend it again. Greg Kamm, representing the applicant, agreed that it has been a long time. It has also been an extremely rough time financially. They are trying hard and continuing to work on a strategy for moving the whole project forward which will be the key to finalizing consolidation. The essence is in the SMA as opposed to the consolidation. It is not an easy problem to solve, but in the interim they have invested about$15 million in renovations. They are focused on the larger SMA issue. Chair Kimura clarified that if the extension is approved, there would be no changes in the tentative approval prior. Commissioner Texeira stated that Mr. Kamm was referring to the SMA permit as opposed to the current economic situation and it seems like two separate issues. Mr. Kamm stated that SVO proposed a substantial project, but the bottom fell out of the market and noted that other projects all over Kauai stopped. They took risks in investing in upgrading the hotel. The project is a bigger step requiring a great deal of figuring, estimating and luck to make it work. They have been working diligently to realize the SMA. 5 V12013 Master Files\Commissions\Subdivisions\2013-1-22 Subdivision Committee Minutes Commissioner Texeira questioned if the applicant is sincere in moving the project forward. Mr. Kamm noted that they are very much so. Chair Kimura questioned if they would get it done within the extension time period. Mr. Kamm stated that he is optimistic and things seem to be picking up. Chair Kimura suggested allowing two years and no more after that. He is all about progress and helping projects to get jobs going. If the Committee agrees, he suggested a two year extension instead of one. Commissioner Texeira felt that Chair Kimura's proposal was reasonable and provides an alternative. He questioned how the applicant felt about the proposal. Mr. Kama#felt it would be extraordinarily generous on the part of the Commission and it will help them out a great deal. He noted that there are SMA, deadlines too and that is their main focus. Once the SMA is addressed, things will fall into place more quickly. Commissioner Texeira felt that the visitor industry is important and there aren't many hotels left on the island. He would personally like to support the Sheraton as much Possible. He questioned how the proposed expansion of the development would impact the hotel itself. Mr. Kamm stated that it is a formula that Starwood, the parent company, found to work very well with a time share component and a true hotel component side by side. The people from the time shares support the hotels which are marginally profitable in many cases. It will help the hotel become more profitable and employ more people. Commissioner Texeira questioned if the time share would be part of the hotel operations and if some visitors would be staying at the time share. Mr. Kamm stated that there would be guests in the time share units who are using the hotel facilities and guests in the hotel who might have use of a spa that were built in the time share portion. Commissioner Texeira clarified that for the future economic success of the Sheraton Kauai, it seems the project would be critical. Mr. Kamm stated that it would be very helpful. Chair Kimura questioned if a motion would be needed to vote on a two year extension instead of one extension and then another vote on the matter itself or if it can be one all in one. Mr. Curt stated that they would propose an amendment to change the extension time from the proposed November 27, 2013 to 2014. A second action would be to approve as amended. 6 VA2013 Master Files\Commissions\Subdivisions\2013-1-22 Subdivision Committee Minutes Commissioner Texeira questioned how the proposal would impact future extension requests being that they are deviating from the normal one year extension. Mr. Cua stated that this application is unique because it is the result of an SMA zoning permit, project development permit, and Class IV zoning permit. One of the requirements for those permits was to consolidate the four lots. It is to satisfy the requirement of the SMA permit. Commissioner Blake stated that if two years isn't enough, he requested that the applicant come in early. Mr. Kamm stated that they will be in early if needed. On the motion by Hartwell Blake and seconded by Herman Texeira to amend the extension date to November 27, 2014, the motion carried by unanimous voice vote. On the motion by Hartwell Blake and seconded by Herman Texeira to approve tentative subdivision extension request for S-2007-38 as amended, the motion carried by unanimous voice vote. ADJOURNMENT Chair Kimura adjourned the Committee meeting at 9:19 a.m. Res ully submitted by: )'mm Duke Nakamatsu, Commission Support Clerk 7 V:\2013 Master Piles\Commissions\Subdivisions\2013-1-22 Subdivision Committee Minutes