Loading...
HomeMy WebLinkAbout2014_0311 Planning_Subdivision_MinutesKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING March 11, 2014 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Committee Chair Hartwell Blake at 8:38 a.m., at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A -2B. The following Commissioners were present: Mr. Hartwell Blake Mr. Herman Texeira Ms. Amy Mendonca The following staff members were present: Planning Department — Leslie Takasaki, Kenneth Estes, Dale Cua; Office of Boards and Commissions — Cherisse Zaima; Deputy County Attorney Ian Jung Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Blake called the meeting to order at 8:38 a.m. ROLL CALL Staff Planner Kenneth Estes noted that there were three Commissioners present. APPROVAL OF THE AGENDA On a motion by Herman Texeira and seconded by Amy Mendonca to approve the agenda, the motion carried by unanimous voice vote. APPROVAL OF THE MINUTES Meeting of February 11, 2014 & February 25, 2014 On the motion by Herman Texeira and seconded by Amy Mendonca to approve the minutes, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD There were no items for the record. PUBLIC COMMENT FOR LISTED AGENDA ITEMS There were no public comments on listed agenda items. GENERAL BUSINESS MATTERS There were no general business matters. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS (For action) Tentative Subdivision Action: S- 2014 -13 = Christopher White /Robert White, Proposed 2 -lot subdivision Staff Planner Kenneth Estes read the Director's report into the record. (On file) It was noted that the applicant was unable to attend the meeting. On the motion by Herman Texeira and seconded by Amy Mendonca to approve the tentative subdivision action, the motion carried by unanimous voice vote. Modification of Requirement/Condition Action S- 2005 -24 = KVHPartners, Proposed 4 -lot subdivision Mr. Estes read the Director's report into the record. (On file) At the request of the committee members, Mr. Estes pointed out on the map the location of the cemetery and its current boundaries relative to Lot 4. Mr. Cua provided some background on the cemetery, which has always been a separate lot apart from the subdivision; the encroachment of the cemetery onto Lot 4 has been there for as long as they can remember. Mr. Jung added for clarification that the new lot lines created for the subdivision ultimately divided the existing cemetery into its current state. Chairman of Kikiaola Land Company Mike Faye, representing the applicant, provided background on the partitioning of the land that took place in 2006 resulting in the current issue with the access road to the Chinese cemetery. He noted that on the Waimea side of the Chinese cemetery is a Japanese cemetery that is owned by the State, and was transferred to the County by executive order. When the subdivision was created, the location of the Chinese cemetery on Lot 4 of the Knudsen property was inadvertently overlooked, and the subsequent road infrastructure being created will prevent direct access into the Chinese cemetery; visitors to the cemetery would have to go through the subdivision, and onto someone's property in order to access the cemetery. Because the discovery of this oversight was made after the property was already sold, the applicant would like the cultural, historical access to remain open, and is hoping the Commission will either over -ride the State Department of Transportation by allowing the access, or provide support for the applicant to approach the State with their request to remove the access restriction to the cemetery. Mr. Blake questioned why the access currently being used to get to the Japanese cemetery cannot also be used to access the Chinese cemetery. Peter Herndon former CEO of the Kikiaola Land Company stated the access to the Japanese cemetery is on the Waimea side, and actual graves lie between the access and the cemetery; the only way a vehicle could get to the Chinese cemetery is to drive over the graves, which is not appropriate. Mr. Blake asked how far the traditional access to the Chinese cemetery is from the Japanese access to which Mr. Faye replied about 100 feet. At the request of the Committee members, Mr. Faye pointed out each cemetery and their respective access roads on the map. Mr. Blake asked whether access to the Chinese cemetery could parallel Kaumuali`i Highway from the Japanese access to which Mr. Faye stated it is physically possible. Mr. Blake referenced a letter that states it is more a historical site than an actual active cemetery site to which Mr. Faye replied there have been a few recent burials, the last one being seven or so years ago; it is not very active in terms of burials. Mr. Blake asked if they were to create an access from the Japanese cemetery, what would be the actual distance. Mr. Herndon stated he is unsure if it would be possible to create an access within the right -of -way, or setback from the highway. Mr. Herndon provided background on their past efforts to work with the State Department of Land and Natural Resources as well as the County Department of Parks and Recreation to create boundary adjustments for access to the cemetery. DLNR's current position is that they would like a formal request from the County of Kauai for the land; however, the County is not willing to send a letter of request for the additional land to DLNR. Mr. Jung explained for clarification the two current issues, one of which is whether or not the County will accept the property, which will involve stewardship responsibilities over the cemetery area; the other being how to deal with the DOT comments on whether or not to allow access to the Chinese cemetery apart from where the subdivision access is. At the end of the day it is the Commission's determination, but they are relying on the expertise of the DOT. Mr. Texeira asked if this discussion could be tabled pending contact with DOT. Mr. Jung stated the applicants have been engaged with DOT and can provide an update on the status. Laurel Loo, on behalf of the applicant, stated she has spoken to Ray McCormick of the Lihu`e branch of the DOT several times. She noted, in the past, the Oahu office has not agreed to remove the condition relating to the access. However, she was told by Mr. McCormick on more than one occasion that he does not agree with O`ahu's recommendations, and he will ask them to reconsider them. She stated the applicant does not expect the Oahu office to timely reverse their position, but the applicant is asking that the Committee consider deleting the condition that prevents the use of the traditional access. Ms. Mendonca stated her understanding is that the applicant would like to use the existing cemetery road for accessibility into Lot 4 to which Mr. Faye stated no. The existing access would only be to the cemetery, and there is a fence that approximates the CPR lot being carved out of Lot 4. Ms. Mendonca referenced the map, noting easements between Lot 2 and Lot 3, and questioned what would be so difficult about following the easement from Lot 3 into the cemetery portion of Lot 4. Mr. Faye stated that is another alternative; however that would mean visitors to the cemetery would have to drive through a private driveway which would be shared by two residential lots; they do not feel that is the proper thing to do. (The meeting recessed at 9:15 a.m. to address Executive Session Item H.1.) (The meeting reconvened at 9:59 a.m.) Ms. Mendonca restated there are already existing easements between Lot 2 and Lot 3, and there is a setback running horizontal to the highway. She asked why that same easement on Lot 3 can't be extended onto Lot 4, and leave the traditional Chinese cemetery roadway as it is. Mr. Faye pointed out the easements on the map, and explained the location of the road leading into Lot 4, and the traditional road leading into the cemetery. He explained if they comply with DOT's recommendations, the traditional cemetery road will need to be barricaded, which is what they are trying to avoid. Ms. Mendonca stated she was under the impression that the Planning Director's report reflected the traditional road be kept as is. (The Director's report recommends denying that request.) The applicant would like the traditional road to be kept as is; however, the State DOTs recommendations would require them to barricade it. In response to Ms. Mendonca, Mr. Faye stated the existing easement over Lot 3 that is used for utility and access of Lot 4 is on the record, and could potentially be used to access the Chinese cemetery. However, because part of the cemetery is on Lot 4, if they should build a house on Lot 4, the State would most likely require them to barricade the traditional access. Ms. Mendonca asked if that is an assumption, or if they are certain the State will require that. Mr. Faye referenced the current condition that states no access to the lot. Ms. Mendonca asked because of the cemetery, aren't the boundaries of Lot 4 going to be changed to which Mr. Faye replied they are in the process of placing a condominium designation on the lot to exclude the cemetery portion in order to protect it from encroachment by Lot 4. However, they still need to have an access to that CPA parcel as a public right -of -way. Mr. Texeira stated he would like to see this issue resolved, and asked if the applicant would like more time to discuss this with DOT to which Mr. Faye stated it has taken them four years to get to this point. They can go back, but they could use some support from the Commission possibly in the form of a letter stating their support of the traditional access road, and a request to reconsider their recommendation. Ms. Mendonca stated because these conditions were implemented a while ago, and the applicant has since changed the boundaries of Lot 4, she feels it would be best for the applicant to provide plans to the DOT with a clear idea of what they would like to do. Mr. Faye stated this has gone on for months, and he does not feel they are getting an honest review of the situation. Because of the Wstorical, cultural, and traditional nature of the access that predates the highway, he feels it should remain as it is. Mr. Texeira stated he feels a letter of support would be an appropriate step to take to see if the DOT would respond in their favor. Mr. Estes suggested a deferral of the item for one month in order to obtain comments from the State DOT on this modification request. In response to Mr. Blake, Mr. Jung explained that even if the Committee removes the condition, determining driveway access is up to the DOT. Therefore, they could still impose the condition anyway. Ms. Mendonca stated she understands both sides, and she acknowledges the frustration; however, she noted the planner is asking for a deferral in an attempt to follow up and provide more information. She agrees with the planner to defer it for a month. Mr. Texeira agrees to the deferral, but would also like to send a letter to the DOT. On the motion by Amy Mendonca and seconded by Herman Texeira to defer the item for one month, and to submit a letter to the State Department of Transportation stating there is an issue that needs to be resolved regarding traditional, and cultural access to the cemetery, the motion carried by unanimous voice vote. ADJOURNMENT Chair Blake adjourned the Committee meeting at 10:38 a.m. Respectfully submitted by: Cherisse Za' Commission Support Clerk () Approved as circulated (add date of meeting approval). () Approved as amended. See minutes of meeting.