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HomeMy WebLinkAboutPlanning Subdivision 041117 MinutesKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING April 11, 2017 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order at 8:39 a.m., at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A -2B. The following Commissioners were present: Mr. Roy Ho Ms. Donna Apisa Mr. Sean Mahoney The following staff members were present: Planning Department — Chance Bukoski, Dale Cua, Leslie Takasaki; Deputy County Attorney Jodi Higuchi Sayegusa; Office of Boards and Commissions — Commission Support Clerk Darcie Agaran Discussion of the meeting, in effect, ensued: CALL TO ORDER Subdivision Committee Chair Ho called the meeting to order at 8:39 a.m. ROLL CALL Staff Planner Chance Bukoski: Roll call. Chair Ho. Mr. Ho: Here. Mr. Bukoski: Commissioner Mahoney. Mr. Mahoney: Here. Mr. Bukoski: Commissioner Apisa. Ms. Anisa: Here. Mr. Bukoski: Three (3) present. APPROVAL OF AGENDA Mr. Bukoski: Approval of Agenda. Minutes of the meeting of the Subdivision Committee, February 28. Oh, a motion to approve the agenda. Ms. Apisa: So moved. Mr_ Mahoney_ Second. Mr. Ho: All in favor? (Unanimous voice vote) Motion carries 3:0. MINUTES of the meeting(s) of the Subdivision Committee Meeting of February 28, 2017 Meeting of March 14, 2017 Mr. Bukoski: Thank you, Mr. Chair, Minutes of the meeting of the Subdivision Committee. Regular meeting of February 28, 2017 and regular meeting of March 14, 2017. Mr. Ho: We need a motion to approve, please. Mr. Mahoney: Move to approve. Ms. Apisa: I guess I can second. I wasn't here (at) the last meeting. (Laughter) I should abstain from the March one. Mr_ Ho: Okay. Second? Deputy County Attorney Jodi Hi chi Sae sa: I'm sorry. Ms. Apisa: I was not present at the March 14th meeting, so I can't really approve the minutes. I guess I abstain. Ms. HiQuchi Sayegusa: Unless you ... did you review them and perhaps - Ms. Apisa: Yes. I don't have any questions. They look okay to me. Ms, Hi chi Sae sa: Okay. Ms. Apisa: I'lI second the motion_ Mr. Ho: Motion accepted [sic]. All in favor? (Unanimous voice vote) Motion carried 3;0. Thank you. RECEIPT OF ITEMS FOR THE RECORD (None) 2 Mr. Bukoski: Receipt of Items for the Record. None. HEARINGS AND PUBLIC COMMENT Mr. Bukoski: Hearings and Public Testimony [sic]. Mr. Ho: On today's agenda items, do we have anyone in the public that would wish to testify now? Seeing none. GENERAL BUSINESS MATTERS (None) Mr. Bukoski: Okay. General Business Matters. None. UNFINISHED BUSINESS (None) Mr. Bukoski: Unfinished Business. None. NEW BUSINESS (For Action) Tentative Subdivision Map Approval Subdivision Application No. S-2015-9; GEORGE TSUKAMOTO: Proposed 2 -lot consolidation; TMK: (4) 4-6-010: Por. 04, 05-35 & 36; Kapa`a, Kauai Mr. Bukoski: New Business. Tentative Subdivision Map Approval. Subdivision Application No. S-2015-9, George Tsukamoto, proposed 2 -lot consolidation, TMK: (4) 4-6-010 portion of 04, 05, 35, and 36, Kapa`a, Kauai. Mr. Bukoski read the Subdivision Report for the record (on file with the Planning Department). Mr. Bukoski: I've received all various government comments and the Planning Department is recommending tentative approval. Mr. Ho: Thank you. Is there someone from ... George? Maren Arizmendez: Good morning. Maren Arizmendez from Esaki Surveying. We are assisting the owner with the application process, and this is the owner. Mr. Ho: Good morning to you all. Commissioners, are there any questions? Mr. Mahoney: So, what was previously missing was the...ParceI 35 and 36 were not lots of record. Has everything been corrected to the approval of the Department? Is that what I'm understanding? Mr. Bukoski: Correct. Mr. Mahoney: Yeah. Okay. I don't have any further questions. I just wanted to clarify that. Mr. Ho: What happens to this? You are going to consolidate the lot for the purpose of purchasing that easement? Is that what this...? Ms. Arizmendez: Yes. I believe one of the conditions to purchase that is to consolidate it with the adjoining lot. Mr. Ho: After you purchase it, Mr. Tsukamoto, are you going to re -subdivide it again? Ms. Arizmendez: No. Just as shown on the proposed subdivision. Mr. Ho. Chance, your recommendation, please. Mr. Bukoski: Recommendation of tentative approval of No. 5-2015-9, George Tsukamoto, TMK: (4) 4-6-010 Portion 04, 05, 35, and 36. Can I get a motion? Ms. Anisa: I will support the Planning Department's recommendation and move to approve. Mr. Ho: I need a second, please. Mr, Mahone . Second. Mr, Ho: Moved and seconded. All in favor? (Unanimous voice vote) Motion carries 3:0. Ms. Arizmendez: Thank you. Subdivision Application No. 5-2017-5; A & B Properties, Inc; Proposed 4 -lot subdivision: TMK: (4) 2-1-001: Por. 30; `Ele`ele, Kauai Mr. Bukoski: Next on the agenda is Subdivision Application No. 5-2017-5, A & B Properties, Incorporated, TMK: (4) 2-1-001 Portion 03, a proposed 4 -lot subdivision located in `Ele`ele, Kaua` i. Mr. Bukoski read the Subdivision Report for the record (on file with the Planning Department). Mr. Bukoski: We've received all various comments from government agencies and we are recommending tentative approval. 4 Mr. Ho: Is there someone from A & B, please? Tom Shigemoto: Morning, Chair and members of the Subdivision Committee. My name is Tom Shigemoto. I am representing A & B Properties. With me is... Ms. Arizmendez: Maren Arizmendez, (laughter in background) Esaki Surveying. Mr. Ho: Good morning, good morning, good morning. I think, Tom, you are going to address the blockage. Mr. Shigemoto: Yes. You know, after reading the Subdivision Report from the Planning Department Staff, I had some questions first and then some ... a request to make because... First of all, let me give you some history on this project. We got a district boundary amendment back in the early 90's; '91 to be exact. This was for 72 total acres; 24 acres went to Habitat, you know, we sold that 24 acres for them way back when, 20 acres was for this industrial lot that is now encumbered with our solar project, and then 28 acres was supposed to be for residential and commercial. So the 20 acres has been pretty much developed with the solar farm, Habitat is on its way in developing its affordable housing, this remaining 28 acres ... 21 of which is designated for purely affordable housing. This zoning amendment that Chance referred to, we got from the County back in 2005 and, you know, we had a 60% affordable housing requirement back then, so we are trying to ... now, only now, trying to implement and conform or comply with that condition. So, 21 of 28 acres will be for affordable housing and 7 acres are intended to be developed for some kind of commercial use. Now, basically, the Subdivision Report is okay. I have some concerns about the block length requirement. I didn't even know that there was an ordinance that was passed amending a previous ordinance regarding block lengths. Now, as I read the ordinance, you know, to me — of course that's only my opinion — but, to me, the block lengths pretty much refer to more single- family, detached subdivisions versus when developers (are) trying to create blocks for multi- family development. So, you know, we intend to really sell or partner with the housing developer to create this housing and we don't really know, exactly, what their plans are, so my request to the Planning Department and you, the Subdivision Committee and the Commission, is the see if there's a way we can hold off revising the subdivision map until the block lots are ready to be developed, and at that time, if the developer wants to do a detached, single-family subdivision, then the block length requirement can be complied with. So, you know, l believe there's a mechanism right now in the Planning Department that can cause that to happen at the time...or prior to development of the property. So that's what I'm asking right now instead of, before final approval, amending our subdivision to show these...I guess we have to put in dead end roads to comply with the block length requirement; so that's the one request. And there are a couple of clarifications that I have. Okay. The first clarification is in regards to the Agricultural District requirements. It says that we ... without specifying that this only applies to the Ag lots, that the uses on the newly -created lots shall be limited to those listed as permissible within the Agricultural District. I just wanted to note that this doesn't apply to the residential and commercial lots that we are creating, and only applies to the Ag District lots. Mr. Bukoski: Correct. It only applies to the Ag District. Mr. Shigemoto: Okay, okay. The other one is simply this requirement that we consider transient accommodations within the development plans. l don't quite understand what that means. Mr. Bukoski: Speaking in the ... at the end of the year of the General Plan Update, which has not been formally passed yet, and working with DPW with bicycle and bike lanes and a more walkable type of community, the wording is "should" instead of "shall". So we would want you to consider accommodating that type of walkable/bicycle lanes and that type of thing in the community, but this condition shouldn't be taken as an imposed condition, more of an accommodation. Mr. Shigemoto: Okay. By transient accommodations, you're talking about bike paths, walkways? Mr. Bukoski: Correct. Mr, Shigemoto: Okay, thank you. That's it, Mr. Chair_ Mr. Ho: Do you have a comment about what Mr. Shigemoto asked for on the block? Mr. Bukoski: For Condition l .g., the Planning Department could possibly defer this condition to the Class IV development permit since the development of this property will not be for a few years from now. So we can defer Condition l .g_ to a Class IV Permit and have that as one of the conditions as well. Mr. Ho: You're asking us to defer it until they come before us for a Class IV Permit? Mr. Bukoski: Condition l .g., we can defer this from the subdivision— Staff Planner Dale Cua: Maybe just for clarification purposes, the Department did review the applicant's request in terms of addressing this particular requirement and, you know, we do agree that the purpose of this subdivision is to establish a block so that this project can be further developed. The Department also agrees that this particular requirement can, then, be addressed at a later date at such time the properties actually develop and then we can, then, impose this requirement and incorporate this particular standard into the actual development of the project. In terms of deferring this requirement, maybe what we could do is work with the applicant to execute some kind of agreement to some sort, at least that way, you know, whoever develops the property will be aware of this particular requirement and will then address this particular standard when designing for this property. Mr. Ho: Would you have to revise your wording in this application here? Mr. Cua: If anything, maybe what I would suggest is that in the last sentence of Condition (1.)g., "Prior to final subdivision approval, the Applicant shall work with the Planning Department to incorporate this specific requirement into the deed of the property" or something to that effect. 6 Mr. Ho: Is that agreeable to you, Mr. Shigemoto? Mr. Shigemoto: That's fine. Mr. Ho: Your recommendation, please. Mr. Bukoski: Okay. Recommendation is to ... tentative approval for Subdivision Application No. 5-2017-5, A & B Properties, Incorporated, TMK: (4) 2-1-001 Portion 03, `Ele`ele, Kauai. Can I get a motion to approve? Ms. Apisa: I will take the Planning Department's recommendation once again and move to approve with that one stipulation of deferral. Mr. Cua: Right. So the recommendation would be to approve as amended. Mr. Ho: As recommended. Ms. Apisa: Approve as amended. Mr. Cua: As amended to Condition 1.g., right? Ms. Apisa: Correct. Mr. Mahoney: Second. Mr. Ho: Call for a vote please. (Unanimous voice vote) Motion carries 3:0. Mr. Bukoski: Thank you, Chair. Mr. Shigemoto: Thank you. Final Subdivision Map Approval Subdivision Application No. 5-2012-13; STATE OF HAWAII. DHHL; Proposed 55 -lot subdivision; TMK: (4) 4-8-022:089; Anahola, Kauai Mr. Bukoski: Moving on in the agenda, final subdivision map approval of Subdivision Application No. 5-2012-13, State of Hawaii, Department of Hawaiian Homelands, proposed 55 - lot subdivision, TMK: (4) 4-8-022:089, Anahola, Kauai. The Subdivision Report. Mr. Bukoski read the Subdivision Report for the record (on file with the Planning Department). Mr. Bukoski: We have received all final comments from the various government agencies and we are recommending final approval. Mr. Ho: Is there someone from the State here, please? Stewart Matsunaga: Aloha, Chair and members of the Committee. Stewart Matsunaga with Hawaiian Homelands, Land Development Division. Ms. Arizmendez: Good morning. Maren Arizmendez from Esaki Surveying. Mr. Ho: Any questions? Mr. Mahoney: Yeah, well, could you just give us a brief overview on your point of view on this, please? Mr- Matsunaga: The Pi`ilani Mai Ke Kai Subdivision actually consists of approximately 180 lots. We started Phase 1 approximately 617 years ago and that consisted of 80 lots of which approximately 60 lots are occupied with Hawaiian Homelands' beneficiaries. So we embarked on Phase Il consisting of 55 units and so this subdivision approval will launch our next offering of lots to beneficiaries on the waiting list. The subdivision is completed, infrastructure's been constructed; roads, water, dry sewer lines, and electrical and telecommunication utilities. And then our next ... Phase III consists of approximately 40 lots and that has not been designed yet_ Once we can get the next ... Phase II occupied, then we will then start the designs for the next phase. Mr. Mahoney: Okay, thank you. Mr, Bukoski: Anymore questions? Mr. Ho: May I speak with Chance, please? Could you give us your recommendation. please, Chance? Mr. Bukoski: Sure. We are recommending final approval for... subdivision map approval for Subdivision Application No. S-20 12-13, State of Hawaii, Department of Hawaiian Homelands, proposed 55 -lot subdivision, Anahola, Kauai. Can I get a motion to approve? Mr. Mahoney: Move to approve Subdivision Application No. S -20I2-13, State of Hawaii, DHHL, proposed 55 -lot subdivision, TMK: (4) 4-8-022:089, Anahola, Kauai, Ms. Apisa: Second. Mr. Ho: Motion has been made and seconded. A vote please, (Unanimous voice vote) Motion carried 3:0. Mr. Bukoski: Thank you. Mr. Matsunaga: Mahalo. Ms. Arizmendez: Thank you. Mr. Mahoney: Thank you. ADJOURNMENT Mr. Bukoski: And that will conclude our Subdivision Committee and the meeting is adjourned. Thank you. Mr. Ho: With no further business, we are adjourned. Thank you. Committee Chair Ho adjourned the meeting at 9:02 a.m. Respectfully submitted by: Oarcie�A�ggaran Commission Support Clerk ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of meeting. w]