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HomeMy WebLinkAboutsd_02-26-13_minutes KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING February 26, 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 8:31 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. Jan Kimura Mr. Herman Texeira Absent and excused: Mr. Hartwell Blake Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Kimura called the meeting to order at 8:31 a.m. APPROVAL OF AGENDA On the motion by Herman Texeira and seconded by Jan Kimura 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 Stipulated Decision and Order between Kealia Properties, LLC and the County of Kauai Rescinding Final Subdivision Approvals for S-2006-45 and S-2006-46. Staff Planner Dale Cua stated that the Department received a correspondence from the applicant's representative requesting to defer this matter to March 13, 2013. On the motion by Herman Texeira and seconded by Jan Kimura to defer this item to March 13, 2013, the motion carried by unanimous voice vote. 1 VA2013 Master Files\Commissions\Subdivisions\2013-2-26 Subdivision Committee Minutes MAR 12 2013 UNFINISHED BUSINESS Tentative Subdivision Action S-2013-09=R3BST LLC 12-lot Subdivision TMK: 4-4-006-002 012 013 Wailua Homesteads, Kauai. Mr. Cua noted that the subdivision and vicinity maps were displayed for the Committee's reference. Staff Planner Kenneth Estes read the staff report into the record (on file). Chair Kimura questioned whether the legal technicalities have been worked out. Mr. Cua stated that as a condition of tentative approval, the applicant will need to resolve the lot width requirement relating to the subdivision layout. Deputy County Attorney Jung stated that the Board of Land and Natural Resources has not yet executed the settlement agreement, but the Committee can take action on the tentative approval on the condition that the settlement agreement is signed. Dennis Esaki, representing acknowledged that it would be subject to the settlement agreement. He expressed concerns with one of the Department of Water conditions, but otherwise was in agreement. Mr. Cua stated that prior to subdivision approval the applicant would have to resolve the various requirements with the specific agencies including Department of Water, Public Works, and Department of Health. On the motion by Herman Texeira and seconded by Jan Kimura to accept the staff report with the County Attorney's recommendations for S-2013-09, R3BST, LLC, 12-lot subdivision, TMK: 4-4-006:002, 012, 013, Wailua Homesteads, the motion carried by unanimous voice vote. NEW BUSINESS Tentative Subdivision Action: S-2013-11='Ohana Hanalei LLC 2-lot Consolidation Mr. Estes noted a correction to the subdivision report in Condition 2.e.; Wailua Stream should be Wailea Stream. He also noted that the last condition number 6 should be 8. He read the staff report into the record(on file). 2 V:\2013 Master Files\Commissions\Subdivisions\2013-2-26 Subdivision Committee Minutes Commissioner Texeira questioned the letter that was received and how it modifies the staff recommendation. Mr. Cua stated that the applicant is requesting a modification of requirement to delete the provisions for curbs, gutters, sidewalks since the property involves resort zoning. Max Graham representing the applicant clarified that it is a 3-lot consolidation; one lot runs along the Hanalei River and the ridgeline, one is a small sliver at the end of Wailea Stream, and one is the marsh and fish pond area. They will be consolidated into a single lot. The property is served by Hanalei Plantation Road. He filed a request for modification of conditions concerning the three conditions that apply to improvements on Hanalei Plantation Road. It is a pure consolidation and no subdivision. According to Ordinance 908, where there are consolidations of less than four lots, the sub divider shall not be required to provide any off site infrastructure improvements. It is the only modification they are requesting, but it impacts condition Lb, 11 and 2.g. of the subdivision. All other conditions are acceptable. Commissioner Texeira noted that the agenda indicates a 2-lot consolidation. Mr. Cua stated that the subdivision application identified two parcels. Mr. Graham stated that there are two TMK parcels and three separate lots. He noted that the sliver is a separate lot. Mr. Cua stated that Ordinance 908 would allow the applicant to delete the requirements. The Department imposed the requirement to gain better understanding as to how access will be provided to the project site. The concern can be addressed when the applicant applies for the permits for the property. Commissioner Texeira questioned how the consolidation would affect the density of the project. Mr. Cua stated that there is a previous permit involving parcel 13 which was the former Club Mead site. The permit was previously approved by the Commission in the mid to late 80s. Parcel 1 has its own density based on the zoning. By consolidating, the density of both parcels would combine. The Committee received testimony from Carl Imparato. Mr. Imparato read his written testimony into the record (on file). He urged the Committee to reject the application and stated that it is incorrect, incomplete, and inadequate to allow informed decision making. Parcel 13 is the most visually sensitive land on the island and the Committee should be using every means to protect the land. Inappropriate development would destroy one of Kauai's most critical view planes. Instead of creating new protections, the proposed merger would create new threats. There is no language to prevent any of the density on parcel 1 from being shifted to parcel 13 which would increase visual impacts of any development 3 VA2013 Master Piles\Commissions\Subdivisions\2013-2-26 Subdivision Committee Minutes that takes place on the most sensitive portion of the two parcels. There may be other negative impacts created by the consolidation, but none are addressed in the subdivision report. The application states zoning as RR10but it is RRI O and Open. The General Plan classification is Hotel/Resort, but it is Open/Resort. The State Land Use designation says Open/Resort, but it is Urban/Conservation, The accuracy of agency review has to be called into question because they were based on incorrect zoning, General Plan, and Land Use designations. The evaluation notes that the consolidation of two lots is within RRI, but it is RRIO and Open District. A lot of development is being proposed for the two sites and none of it is mentioned. He question how the Committee could deliberate on bringing the parcels together and creating impacts that are going to move density over to the most sensitive place. Condition I.g. states that the developer has to mitigate the impacts of future developments on the nearby stream by appropriate building setbacks, but there is nothing that states that the owner has to protect the public interest by moving the boundary for the Open and RR 10 portions of lot 13 back to protect the community from the visual impacts. At a minimum, at least the conditions of tentative subdivision should require that no density can be transferred from parcel 1 to parcel 13 for consolidation. He believed the County's ability to approve is compromised by the inadequacy of the information on the permit application. Denial is necessary based on erroneous, inaccurate, and incomplete information. He requested the Committee insist on conditions that will create benefits to the public and not the loss of any existing rights and restrictions. The Committee received testimony from Makaala Ka'aumoana. Ms. Ka'aumoana, Vice Chair of Hui Ho'omalu i ka`Aina, read her written testimony into the record(on file). She expressed concern regarding the hidden purpose of the segmented application process. The usual application for consolidation includes a subdivision application that provides the Commissioners with context and purpose of the application. This last place of green on the hill, this place of storied kilo I'a, this place of access and respite for fisherman and cultural practitioners, this place that provides spectacular view of Makana across Hanalei Bay deserves the best. The application does not provide the information to do the best. They believe the consolidation will increase the value of the developer's property and may limit the County's future options to address some of the many serious issues development of the land includes. They don't believe the Commission understands the opportunities to protect the public of this `aina it will be giving up by the piecemeal process. She noted that the name of the stream is Waileia, not Wailea, on every map she has seen. She requested that committee deny the application, invite the applicant to resubmit a complete and accurate application, re-circulate it for agency review, and then bring it back to the committee for meaningful review and comment. Mr. Graham stated that the 3-lot consolidation is part of the Subdivision Ordinance process and not a discretional matter. As long as they comply with the requirements of the Subdivision Ordinance and comply with any of the conditions imposed the consolidation, it should be approved. The zoning of the property is known to the Planning Department and is on the maps, is clear, and is really not relevant because the consolidation will take place irrespective of the zoning. There is no change in density; it is the same densities spread over one parcel as opposed to three. It would be inappropriate to ask for a change in the zoning lines in the context of a subdivision application. It is a straight forward application and there may be further permit 4 VA2013 Master Piles\Commissions\Subdivisions\2013-2-26 Subdivision Committee Minutes applications to come which will involve discretionary decisions by the Commission. When that happens, all of the matters raised can and will be addressed. Commissioner Texeira questioned the description of the property, the open designation, and whether they would accept the fact that they may need to change some of the language that describes the property. Deputy County Attorney Jung questioned if the issue was that the application didn't reference the open zone. Mr. Cua stated that one of the Department's duties is to identify the zoning and it was identified in the report as R10. Deputy County Attorney Jung stated that there was a reference to the Resort zoning rather than Open. If the Committee approves the tentative action, staff can change the report to properly reflect the designations within the potentially consolidated lots. Mr. Graham stated that the subdivision report identifies zoning as R10 and Open, the General Plan as Open and Resort, the State Land Use designation as Urban and Conservation, and one of the conditions require the applicant to get clearance from the Department of Land and Natural Resources for the consolidation because there are conservation lands. All of the matters have been addressed. On the motion by Herman Texeira and seconded by Jan Kimura to approve subdivision consolidation for S-2013-11, `Ghana Hanalei LLC,2-lot Consolidation, TMK: 5-4-004:001, 0-13, Princeville, Kauai, the motion carried by unanimous voice vote. ADJOURNMENT Chair Kimura adjourned the Committee meeting at 9:03 a.m. Respectfully submitted by: ( , U7) 0 ce Nakamats , Commission Support Clerk 5 V:\2013 Master Files\Commissions\Subdivisions\2013-2-26 Subdivision Committee Minutcs