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HomeMy WebLinkAboutsd_02-12-13_minutes KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING February 12,2013 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Committee Chair Jan Kimura, at 8:36 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 8:36 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. APPROVAL OF MINUTES—Meeting of January 8,2013 and January 22, 2013 On the motion by Herman Texeira and seconded by Hartwell Blake to approve the minutes of January 8, 2013 and January 22, 2013, 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. 1 VA2013 Master Piles\Commissions\Subdivisions\2013-2-12 Subdivision Committee Minutes MAR 12 2013 COMMUNICATIONS There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS (For Action) Tentative Subdivision Action: 5-2013-09 = R3BST LLC 13-lot Subdivision TMK• 4-4-006.002 012 013 Kapaa Homesteads Kauai. Commissioner Texeira requested that larger maps identifying each parcel be displayed during subdivision committee meetings. Staff Planner Kenneth Estes read the staff report into the record (on file). Deputy County Attorney Jung requested that the item be deferred to the next meeting for action on the tentative subdivision approval. There is an executive session on the Planning Commission agenda to look into a potential settlement on this subdivision. Dennis Esaki, representing the applicant stated that they were in agreement with the request to defer. On the motion by Herman Texeira and seconded by Hartwell Blake to defer this agenda item, the motion carried by unanimous voice vote. 5-2013-10 =Sue Ann Takata Kenji Yamashiro Renee Yamashiro Clayton Yamashiro, 2- lot Boundary Adjustment TMK• 4-6-004:020-022 Kapaa, Homesteads, Kauai. Mr. Estes read the staff report into the record (on file). Commissioner Texeira stated that he is familiar with the area, but would like larger maps displayed identifying the parcels for those who may not be familiar. Staff Planner Dale Cua clarified that Commissioner Texeira is requesting a vicinity map in relationship to the proposal. Chair Kimura requested that from this meeting forward maps for every application be displayed. 2 VA2013 Master Files\Commissions\Subdivisions\2013-2-12 Subdivision Committee Minutes Commissioner Texeira questioned whether the land owner would have the opportunity to further subdivide. Mr. Cua stated that the one-time subdivision limitation is restricted to parcels that are zoned agriculture. The zoning for the property is within the County open zoning district and also within the State agricultural land use district. The limitation is a restriction at the County level. Chair Kimura asked for clarification that if the parcel is dedicated open in the County and agriculture in the State, it is not limited to the one-time subdivision limitation. Mr. Cua noted that in this particular area it is not limited, however there are provisions in the North Shore Development Plan and the Koloa, Poipu, Kalaheo Development Plan that places that restriction on open zone parcels. It is unique, but in this particular area in Kapaa, it is not limited. Commissioner Texeira questioned the reason it was zoned open. Mr. Cua noted that when properties are abutting forest reserves,they are designated open to preserve the characteristic. Dennis Esaki representing the applicant stated that one of the conditions from the Water Department mentioned working on the Akulikuli tunnel with regards to septic tanks or sewer systems. Because the tunnel system is contaminated with swamp water, they are going to purify the water. Commissioner Texeira questioned the location of the tunnel. Mr. Esaki stated that the tunnel goes into the hillside and there is a pipeline into the Kapahi tank. He asked for clarification that if it is not maximized they would still be allowed to subdivide. Mr. Cua stated that because the property is zoned open, it is not subject to the one-time subdivision limitation. It is only applicable to properties in the County agricultural district. On the motion by Herman Texeira and seconded by Hartwell Blake to approve S- 2003-10, TMK: 4-6-04:020-022 in Kapaa Homesteads, Kauai, the motion carried by unanimous voice vote. Final Subdivision Action: Mr. Estes noted a correction to the application number: S-2009-02 should be 5-2009-12. 3 V:\2013 Master Filcs\Commissions\Subdivisions\2013-2-12 Subdivision Committee Minutes S-2009-12= The Koloa Early School/Koloa Honewanji Mission, 2-lot Subdivision, TMK: 2-8-004:056 Koloa Kauai. Mr. Cua stated that as a requirement for final subdivision approval, staff noted that they needed to receive final approval from the Department of Water. The Department has received notice that the applicant has met the requirements. Chair Kimura questioned the encroachment. Mr. Cua noted that it was a preexisting condition that has been resolved. Ronalee Eckberg, the Board President of Koloa Early School, and Alton Miyamoto thanked the staff and the committee for all their work. On the motion by Herman Texeira and seconded by Hartwell Blake to approve final subdivision action for 5-2009-12,The Koloa Early School Hongwagii Mission, TMK: 2-8- 004:056, Koloa, Kauai, the motion carried by unanimous voice vote. 5-2012-09 = Gail Shimokawa/Lori Shimokawa Caporus/Gordon Kireto 2-lot Subdivision, TMK: 1-9-010-013, Hanapepe, Kauai. Mr. Estes read the staff report into the record (on file). Chair Kimura questioned the separation of interest between three family members into two lots. Dennis Esaki and Corey Gokan representing his father in law Gordon Kireto stated that they are going to subdivide three lots into two lots. His father in law will be on one side. On the motion by Herman Texeira and seconded by Hartwell Blake to approve S- 2012-09, Gail Shimokawa/Lori Shimokawa Caporus/Gordon Kireto, 2-lot Subdivision, TMK: 1-9-010:013, Hanapepe, Kauai, the motion carried by unanimous 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. Mr. Cua read the staff report into the record (on file). This is the fourth request for extension. The initial tentative approval was granted on January 22, 2008. The parcel is immediately adjacent to and surrounded by agricultural properties. The subdivision establishes a total of 23 lots in the agriculture and open zoning district. Clyde Kodani and the Developer Sam Pratt stated that they have been working with an attorney to determine the actual number of lots that existed. There was a question about the 4 V:\2013 Master Files\Commissions\Sabdivisions\2013-2-12 Subdivision Committee Minutes stream that runs through the property and how many lots it creates. The Land Court asked them to work with the State Surveyor's office. They communicated the findings with the County Attorney's office knowing that the situation was unique and could impact other projects. They think they have resolved the number of lots that help determine the number of units they can have which helps them move forward with Water Department. Commissioner Texeim questioned if the January 22, 2014 extension would be adequate time. Mr. Pratt stated that he thinks it is adequate as long as nothing unusual or unanticipated comes up. Mr. Kodani stated that they feel it is adequate but added they have no control over government agency review. Chair Kimura noted that he frowns upon extensions after extensions and this is the last extension they will allow on this property. He hopes they can and will make it happen by the deadline. Deputy County Attorney Jung noted that he was involved in reviewing the Land Court documents. It took several months to get those documents. Chair Kimura stated that is the reason they are giving them a one year extension. On the motion by Herman Texeira and seconded by Hartwell Blake to approve tentative subdivision extension request for 5-2008-04,Niu Pia Land Company, Ltd, 23-lot Subdivision,TMK: 4-4-002:12, 13, 15, 88, Wailua Homesteads, Kauai,the motion carried by unanimous voice vote. ADJOURNMENT Chair Kimura adjourned the Committee meeting at 9:04 a.m. Res ectfully sub 'tted by: Du e Nakamatsu, Commission Support Clerk 5 V:\2013 Master Files\Commissions\Subdivisions\2013-2-12 Subdivision Committee Minutes