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HomeMy WebLinkAboutsd 7-24-18 minKAUA'I PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING July 24,2018 The regular meeting ofthe Planning Commission Subdivision Committee ofthe County of Kaua'i was called to order at 8:30 a.m.,at the LThu'e Civic Center,Mo'ikeha Building,in meeting room 2A-2B.The following Commissioners were present: Mr.Roy Ho Mr.Kimo Keawe Mr.Sean Mahoney The following staffmembers were present:Planning Department -Chance Bukoski;Office of the County Attorney -Deputy County Attomey Jodi Higuchi Sayegusa;Office of Boards and Coinmissions -Commission Support Clerk Darcie Agaran Discussion ofthe meeting,in effect,ensued: CALL TO ORDER Subdivision Committee Chair Ho called the meeting to order at 8:30 a.m. ROLL CALL Mr.Ho:Mr.Bukoski,will you start us with a roll (call),please? StaffPlanner Chance Bukoski:Good morning,Chair and Commissioners.Chair Ho. Mr.Ho:Here. Mr.Bukoski:Commissioner Mahoney. Mr.Mahonev:Here. Mr.Bukoski:Commissioner Keawe. Ms.Keawe:Here. Mr.Bukoski:Three present. APPROVAL OF AGENDA Mr.Bukoski:Moving on to Item C,Approval ofAgenda. Mr.Mahonev:Chair,move to approve the agenda. Mr.Keawe:Second. Mr.Ho:The motion is to approve the agenda.All in favor?(Unanimous voice vote)Motion can-ies 3:0. Mr.Bukoski:Thankyou,Chair. MINUTES ofthemeeting(s)of the Subdivision Committee Meeting ofJune 26.2018 Mr.Bukoski:Moving on to Item D,Minutes ofthe Meetings ofthe Subdivision Committee Meeting ofJune 26,2018. Mr.Keawe:Move to approve the minutes ofthe June 26 meeting. Mr.Mahoney:Second. Mr.Ho:The motion on the floor is to approve the (minutes ofthe)meeting ofJune 26 .All in favor?(Unanimous voice vote)Motioncarries 3:0. Mr.Bukoski:Thank you,Chair. RECEIPT OF ITEMS FOR THE RECORD (None) Mr.Bukoski:Moving on to Item E,Receipt ofltems for the Record.Seeing none. HEARINGS AND PUBLIC COMMENT Mr.Bukoski:Moving on to Item F,Hearings and Public Comment.Are there any individuals in the audience that want to testiiy on any items on the agenda?Seeing none. GENERAL BUSINESS MATTERS (None) Mr.Bukoski:Moving on to Item G,General Business Matters.None. UNFINISHED BUSINESS (For Action) Tentative Subdivision Map Approval SubdivisionAoDlicationNo.S-201S-15:KILAUEA 'OHANA PLATEAU LLC.ETAL: Proposed 10-lot Subdivision;TMK:f4)5-2-005:023:Kilauea.Kaua'i Mr.Bukoski:Item H,Unfinished Business for Action.Tentative subdivision map approval - SubdivisionApplicationNo.S-2018-15;KTlauea 'OhanaPlateau LLC;proposed 10-lot subdivision;TMK:(4)5-2-005:023;Kilauea,Kaua'i. Unfortunately,the applicant and the Department were unable to have a meeting and discuss a few conditions that were provided by the various govemment agencies,and then,also,the Planning Director was on leave as well,so we would like to defer this item to the August 28 Subdivision Committee meeting so we can correlate with all the various govemment agencies to verify these conditions. Mr.Ho:Mr.Jung,are you here for this? Mr.Keawe:We need to hear from you. Mr.lan Jung:Good moming,Subdivision Committee Chair and members ofthe Committee. This is lan Jungon behalfofthe applicant.I spoke with Chance.We are kind offine-tuning the tentative conditions and we'll need to,maybe,amend and modify the MOU that was entered into with the County to reflect the proposed changes that will happen to the map to accommodate Department ofPublic Works,as well as the standard lot sizes for the new lots that will be created. So we are amenable to an August 28 deferral. Mr.Ho:All right.I think you have this done,so could you share it with us -the width ofthe pathway?Did that get resolved? Mr.June:Well,we are working through it with Department of Public Works;they wanted 20 feet.The problem we were running into is there are water lines along where the boundaries were going to be,so we had Esaki's office,actually,go out and relook at where those water Unes are. So it looks like we are going to get to 15 feet and the purpose is...we thought it was just going to be an unpaved path,but now they want this paved path,which they want 10 feet width,so they want some construction buffer along the width ofthat path there.So it looks like it will work out.We are hoping to get to 15 feet,but by the end ofthe month we will know ifit's 20 feet. Mr.Keawe:lan,the paved portion will be 10 with a buffer on each side? Mr.Jung:Right.There is already a 10-foot construction easement;ifyou look on the maps,you will see that.But for actual land dedication,that was going to be the open question because the main piirpose ofthe subdivision was to create the new Kflauea Town road and that was going to be at 77 feet,and wejust thought the 10-foot right-of-way for the,I guess we will call it,the beach access that goes towards Kauapea access along the dirt road there.But now that they potentially want it paved in the future,they just need a little more width there.We just didn't want to impact the...because right now there's ongoing agricultural activities on the property with turmeric growing all over the place out there,so wejust wanted to make sure those water lines weren't impacted. Mr.Keawe:Impacted,yes.Okay. Mr.Mahonev:Chair,I would like to move to defer this tentative subdivision map approval - SubdivisionApplicationNo.S-2018-15,Kflauea 'OhanaPlateauLLC,et al -to August 28, 2018. Mr.Keawe:Second. Mr.Ho:The motion on the floor is to rehear it again on August 28 .All in favor?(Unanimous voicevote)Anybody opposed?(None)Motioncarried 3:0.Youhaveit. Mr.Jung:Okay,thank you.Hopefully we will have a new map by then. Mr.Bukoski:Thank you,Chair. Final Subdivision Map Approval SubdivisionApDlicationNo.S-2016-22;WELK RESORTS:Proposed 2-lot Consolidation;TMK:(4)2-8-014:008 &034:Koloa.Kaua'i Mr.Bukoski:Moving on to the next item in Item H.Final subdivision map approval - Subdivision Application No.S-2016-22;Welk Resorts;proposed 2-lot consolidation;TMK:(4) 2-8-014:008 and 034;Koloa,Kaua'i. The Subdivision Report pertaining to this matter -so we do have a Supplemental No.2 Report for the Subdivision Report.Just to give you a briefsummary ofthe extension ofthis report,the first time that this application came to the agenda was on September 26,2017.There was an extension for four months due to...SHPD had extra conditions put on the subdivision,which, later,we put additional...they came to the Subdivision Committee on January 23 again to ask for a deferral to today's date.Happens to be that I do have,in this supplemental,the response from the applicants;however,today -this morning -1 did receive conditions and an agreement with SHPD stating an agreement for these new conditions,and I provided them to the Commissioners as well. Mr.Ho:I guess it is time to hear from Maren.Is that you? Ms.Maren Arismendez-Herrera:Good moming.Maren Arismendez-Herrera from Esaki Surveying,here on behalfofthe owners.Due to all ofthe comments (that)have come in,the owners would like to respectfully request final approval.We would like to answer any questions you may have,especially with the SHPD comments. SHPD and the owners have come to an agreement.They were hoping to get the letter...well, that SHPD would get the letter sooner and not last minute,but we do not control SHPD's timeline,but it did come in. Mr.Keawe:Chair?Can you give us some ofthe...I know there were concems with two separate plans and they needed to mold them into one plan. Ms.Arismendez-Herrera:Right. Mr.Keawe:And there was a disagreement about who was supposed to do what. Ms.Arismendez-Herrera:There was a disagreement or misunderstanding between a buffer.So the original preservation plans have the sites and then there's a 10-foot buffer,and then that was all within an easement.When they looked at it again with this subdivision,they were wanting the easemeut,and then they were thinking they needed a buffer from the easement,so- Mr.Keawe:As a separate plan. Ms.Arismendez-Herrera:Right.So that's what they were trying to mediate;that there wasn't a need for a second buffer because the buffer was already self-contained within that easement area. So that's what they were trying to mediate and come to an agreement- Mr.Keawe:And that was the major point. Ms.Arismendez-Herrera:Yes. Mr.Keawe:Everything else -they agreed to,but that was- Ms.Arismendez-Herrera:To have monitoring during constmction,yes. Mr.Keawe:Okay. Mr.Ho:And the buffer remains at 10 feet? Ms.Arismendez-Herrera:Yes.They will still have buffers;the one within the site.I think there's a construction buffer where they will be monitoring during construction,and the additional request from SHPD where there were two preservation plans;one for the railroad benn and one for the site...for Preserve 1 .So they want those two combined into one document; that s the only additional or new request from their previous letter. Mr.Keawe:Okay. Ms.Arismendez-Herrera:Which the owners have agreed to comply with. Mr.Ho:What is the cultural significance of a railroad berm? Ms.Arismendez-Herrera:Oh,I am going to ask Nancy McMahon to help me out on that. Ms.Nancv McMahon:Good moming,Commissioners.I am Nancy McMahon and I am the archaeologist for the owners.Just to let you know,the railroad berm -and I am going to go to my past history as the Kaua'i Archaeologist for DLNR then -that was a site that was identified eariy on in several project areas within Moana Corporation,not only across the street;it goes into the Sheraton,it goes all the way down to the Koloa Landing area.That has been given that site number because it is a good example ofa raised railroad bed,so it hits more ofthe significance oftime period for when sugar cane was being used and the Koloa Landing,and then also when they were also using the landing for sweet potato exportation,too.So that railroad berm was preserved for its significance for,sort of,modem history,not ancient Hawaiian.I m sure the rocks that were used came from,probably,a lot ofthe sites that are around there,but that's what the purpose was.It was allowed to be breached way back then when I was the Kaua'i Archaeologist so that there was an entrance for this area,but what was preserved was the better architectural structural part ofthe railroad berm that was saved.At the end ofthe road where that railroad berm hits Po'ipu Road from the Kiahuna Plantation Road [sic],it has been really modified a lot;there is a platform that was built out ofit.So it was saved,initially,for (those)purposes and it was a separate preservation plan because it wasn't sure how that development was going to deal with things. Does that help you out a little bit? Preserve 1 is actually a pretty unique site area in itself.There were 500 sites in the Moana Corporation development;this started in the 70s,before my time.It was testified to at that time. The State Archaeologist was Rob Mommon and it went through Land Use Commission.So those five preserve areas were set up way back then.Since then,when that development switched over to Kiahuna Mauka Partners,we did do some more archaeology in there from the 70s to try to address things and it did expand a couple other different preserves that were set up. This preserve here was asked by JoAnn Yukimura,when she was Mayor,to be open to the public.So in my process with that,we got them to agree with some interpretive signs and a little intro area.It has been used for Archaeology Week to take tours on.It is open to the public. And in talking to Welk Resorts and even some ofthe Native Hawaiians out there,this is kind of a world heritage site.It is the last ofthese sites,but this is a good preserve example that really is...thepreserve itselfis more aboutNative Hawaiian sites;ithas agricultural features inthere,it has terraces,it has house platforms,it has an 'auwai system that you can still see in there. So these guys,in talking to them,want to really have an interpretive plan to put a boardwalk in there,so you are not walking on the sites and meandering all over,and doing a better kiosk.So it is actually good to revise;that was a whole discussion -is revising the preservation plan to put all their needs for this development because these will be something these owners can go walk through and some ofthe people that go to this resort will be able to get an education about Hawaiian history and the history ofKoloa and that area.Ifthat helps you. Mr.Ho:Mr.Keawe,do you have a question? Mr.Keawe:No,I just...so the raised portion that's potentially used in an interpretive tour,how long of an area is that? Ms.McMahon:The preserve is...what?An acre? Ms.Arismendez-Herrera:No.The raised rock wall? Mr.Keawe:Right. Ms.McMahon:The railroad berm? Mr.Keawe:Right. Ms.McMahon:Oh,I forget how- Ms.Arismendez-Herrera:I think it's... Ms.McMahon:Six hundred feet?Do you remember? Ms.Arismendez-Herrera:(Inaudible) Ms.McMahon:Sixhundred. Mr.Keawe:Six hundred feet? Ms.McMahon:Yes,at the most.It's gotthatbreachinthemiddle ofit. Mr.Keawe:Right. Ms.McMahon:And we had looked at it even back in Greg Kamm's time to look at it as,maybe, a walkway,but it is a safety issue to use it as a path instead ofwalking on...you know,that was another thought ofsome other reuse ofthat,too.But it does provide a good buffer between the development and the road,too. Mr.Keawe:So I would assume along that 600-foot length there are certain areas that are better to provide information about... Ms.McMahon:Right. Mr.Keawe:Okay. Ms.McMahon:Yes.The ends,ifyou would notice,are pretty much vandalized from rock and things like that over time,but I think once the development happens in there,that site will be more better known and be better taken cared ofwith the Welk Resort folks. Mr.Keawe:Okay,thank you. Mr.Ho:Mr.Bukoski,your recommendation,please. Mr.Bukoski:From the Department's standpoint,we are recommending final subdivision map approval. Mr.Keawe:Okay,I move to approve final subdivision map approval for Subdivision ApplicationNo.S-2016-22,Welk Resorts,proposed 2-lot consolidation,TMK:(4)2-8-014:008 and 034,Koloa,Kaua'i. Mr.Mahoney:Second. Mr.Ho:The motion on the floor is (for)final subdivision map approval -Welk Resorts.All in favor?(Unanimous voice vote)Motioncarries 3:0. Mr.Bukoski:Thank you,Chair. Ms.Arismendez-Herrera:Thank you. NEW BUSINESS (For Action) Final Subdivision Map Approval Subdivision ApDlication No.S-2015-05:MOLOA 'A BAYLAND CO.,LLC:Proposed 2- lot Subdivision:TMK:(4)4-9-009:002 &4-9-014:006;Moloa'a,Kaua'i. Mr.Bukoski:All right,moving on to Item I,New Business for Action.Final subdivision map approval -Subdivision Application No.S-2015-05;Moloa'a Bay Land Co.,LLC;proposed 2-lot subdivision;TMK:(4)4-9-009:002 and 4-9-014:006;Moloa'a,Kaua'i. Mr.Bukoski read the Subdivision Report for the record (on file with the Planning Department). Mr.Bukoski:We received all various government agencies'comments and we are recommending final approval. Mr.Ho:Is there anyone from Moloa'a Bay Land Company here,please? Ms.Arismendez-Herrera:Good moming.Maren Arismendez-Herrera from Esaki Surveying, here on behalfofthe owners.We would like to respectfully request final subdivision approval. The owners have complied with all ofthe conditions in the tentative approval letter. Mr.Ho:Any questions? Mr.Keawe:Yes.Maren,so itwas originallya2014 application? Ms.Arismendez-Herrera:Right. Mr.Keawe:Right.And during that time,you've gone through the approval process and... Ms.Arismendez-Herrera:Yes.It was a long process,especially those last steps dealing with State.When we went in for shoreline,they were experiencing a delay in processing time,so that added additional time that we had not expected.The process with State on delineating the conservation also took a while. Mr.Keawe:Yes. Ms.Arismendez-Herrera:But we have gone through it as requested. Mr.Keawe:Okay,so finally,here we are four years later and we are ready to go. Ms.Arismendez-Herrera:Yes. Mr.Keawe:Okay. Mr.Ho:Maren,this is kind ofa sticking point,but the condition ofapproval requires you to have a 13-foot fiiture road widening along...what is that?Moloa'a Road?Is that Moloa'a Road? Ms.Arismendez-Herrera:Yes. Mr.Ho:Fronting that.Are yourpeople aware ofthat? Ms.Arismendez-Herrera:Yes.I believe it is reflected on the map. Mr.Ho:Right.Okay. Mr.Keawe:So there is no issue in the requirements from the Planning Department?They concur and agree and are willing to go ahead and put those in? Ms.Arismendez-Herrera:Yes.Well,I shouldn't speak for the Planning Department. Mr.Bukoski:Correct.There is,on the final map,a road widening reserve of 13 feet. Mr.Mahonev:Chair,I move to approve final subdivision map -Subdivision Application No.S- 2015-05,Moloa'a Bay Land Co.,LLC,proposed 2-lot subdivision,TMK:(4)4-9-009:002 and 4- 9-014:006. Mr.Keawe:Second. Mr.Ho:The motion has been made and seconded for final subdivision map approval -Moloa'a Bay Land Company.Allinfavor?(Unanimous voice vote)Motioncarries 3:0. Ms.Arismendez-Herrera:Thank you. Mr.Bukoski:Thank you,Chair. ADJOURNMENT Mr.Bukoski:Moving on to Item J,Adjoumment. Mr.Ho:I need a motion for adjournment,please. Mr.Keawe:Moveto adjourn. MLMahoney:Second. Mr.Ho:Allinfavor?(Unanimous voice vote)Motioncarries 3:0.We are adjourned. Subdivision Committee Chair Ho adjoumed the meeting at 8:48 a.m. Respectfully submitted by: <;ie Agaran Commission Support Clerk S&ptCtvitoer u.oioi'8 Approved as circulated (add dato ofmcoUiig approval). ()Approved as amended.See minutes of meetmg. 10