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Home My WebLink AboutSUB Feb 23 2010 minutesKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING February 23, 2010 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair, Mr. James Nishida at 8:31 a.m., at the Lihue Civic Center, Mo'ikeha Building, in Meeting Room 2A -213. The following Committee members were present: Mr. Jan Kimura Mr. James Nishida Ms. Camilla Matsumoto Discussion of the meeting, in effect, ensued: APPROVAL OF THE AGENDA On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve the agenda, motion carried unanimously by voice vote. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve minutes of Subdivision Committee Meeting on 1/26/10, motion carried unanimously by voice vote. GENERAL BUSINESS MATTERS There were no general business matters. COMMUNICATIONS There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Tentative Subdivision Action, S- 2010 -06, Patrick Ibbs. 3 -lot boundary adjustment. TMK: 4 -4- 004:003, 028, 053, Kana`a Homesteads, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. What you have before you is a proposed 3 -lot boundary adjustment for a parcel on the northern side of Hauike Road. I have provided you a copy of the preliminary subdivision map. The preliminary subdivision map has been routed to the various reviewing agencies for their review and comment. These requirements have been incorporated into the subdivision report for this application. The department is recommending tentative subdivision approval of this application. Chair: Questions for Dale? Mr. Max Graham: Good morning Subdivision Committee members. I am Max Graham representing the applicant, Patrick Ibbs. Just by way of background so you understand the context of this subdivision, back in 2006 Mr. Ibbs approached Public Works about the possibility of exchanging what is a portion of an old railway right -of -way that separates his two properties, consolidating and resubdividing these properties. The County agreed, Public Works agreed and the matter was referred, before actually the matter was referred to the County Council Mr. Ibbs had to prepared an environmental assessment so that took most of 2007. He did that and a finding of no significant impact was eventually issued. Then Mr. Ibbs went to the County Council and the County Council approved the exchange with the understanding that the County then would be upon the subdivision deeded what is shown on your map as lot 1 -C which is .017 acres adjacent to Hauike Road. And the idea was it would be a straight swap of properties. At that point before you could proceed further OHA got involved and alleged that because the old railway right -of -way was possibly a portion of seated lands, they asked the Council not to proceed further until the matter was resolved. So eventually, a year later, OHA agreed that the remnant parcels were not, could be transferred by the State and then shortly thereafter they lost their case before the US Supreme Court anyway on that issue, that delayed matters for another year. So here we are almost ... we are going on 3 or 4 years later trying to get the subdivision approval and I mention this because in the meantime I notice some of the conditions from Public Works don't seem to reflect the agreement that Mr. Ibbs has with the County and I will resolve that with Public Works but I just wanted to let you know. Among other things they are talking about dedicating a 13 foot wide road widening strip and he is willing to do that along his property even though that wasn't part of the agreement he will still do that. He can't do it on any other properties of course. They have a provision about widening the existing roadway pavement so I need to resolve that with them. I am not sure what they mean by that, whether they mean the pavement in front of his property which doesn't seem to make much sense that you would widen only that pavement. But I will resolve that with them. The Water Department had their typical conditions but this parcel already has a water meter so it seems to me the water conditions will not apply but I will resolve that with the Department of Water as well. So I just wanted to give you a little bit of background and as soon as we can resolve these matters we will be back for final. Chair: Thank you Max, what does the committee want to do? Mr. Kimura: I would like to move to approve the tentative subdivision action for S -2010- 06, Patrick Ibbs, TMK: 4 -4- 004:003, 028, 053. Ms. Matsumoto: Second. Subdivision Committee Minutes 2 February 23, 2010 Chair: Moved and seconded to approve tentative subdivision application, all those in favor say aye, opposed, motion carries. On motion made by Jan Kimura and seconded by Jan Kimura, to approve tentative subdivision action for 5- 2010 -06, motion carried unanimously by voice vote. Final Subdivision Action, S- 2005 -15, Ed Bettencourt, et. al., 8 -lot Subdivision, TMK: 4- 4- 003:021, Kapa`a, Homesteads, Kaua'i. Staff: Thank you Mr. Chair. In this application what you have is a proposed 8 -lot subdivision in the Agricultural District. The final subdivision map has been routed to the various reviewing agencies for their review and approval. As of February 12th the department has received all of the approval letters from the reviewing agencies and the applicant has met all of the department's requirements. As a result we are recommending final subdivision approval of this application. Chair: Any questions for Dale, does the applicant want to say a few words? Ms. Matsumoto: I have a question, maybe you can refer to the map, it is saying that they are going to limit access to central access points. Staff: What the applicant is looking to do is utilize several common access points for the proposed lots which means using some of the flag poles on some of the lots. Ms. Matsumoto: So sharing that. Staff: Yes Chair: Any other questions for Dale? Ms. Matsumoto: Move to approve final subdivision action for S- 2005 -15, Ed Bettencourt et. al., TMK: 4 -4- 003:021, Kapa`a Homesteads, Kaua'i. Mr. Kimura: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carries. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve Tmal subdivision action for 5- 2005 -15, motion carried unanimously by voice vote. Mr. Kimura: Mr. Chair, I want to recuse myself from the neat agenda item. Final Subdivision Action, S- 2008 -21, Princeville Prince Golf Course LLC, 20 -lot Subdivision, TMK: 5 -3- 006:001, 014, Princeville, Kauai. Subdivision Committee Minutes February 23, 2010 Staff: Thank you Mr. Chair. What you have before you is a proposed 20 -lot subdivision. As noted in the staff report the intent of this proposal is to separate the Princeville Golf Course from the remaining Princeville agricultural lands. The golf course is identified as lots 18 and 20 of the subdivision map. The final subdivision map has been routed to the various reviewing agencies for their review and approval. As noted on the very bottom of the subdivision report the final approval is subject to the applicant obtaining final subdivision approval from the Department of Public Works. As of yesterday the department has received all of the approval letters including the Department of Public Works. As a result we are recommending final subdivision approval of this application. Chair: Dale, a lot of these lots were in existence already, 'Anini Vista. Staff: This is the vacant parcel of land that existed between 'Anini Vista and the existing Princeville area I think you can say about half of the land is encumbered by the golf course and that the remaining is pasture. Chair: Any more questions for Dale, Max do you want to say anything? Mr. Max Graham: I am Max Graham representing the applicant. No, other than this is about a 543 acre parcel that exists between the developed portion of Princeville on the west. Sc it is the property between the developed of Princeville and 'Anini Vista Subdivision and its the pasture area and the golf course so the western most two lots will be the golf course lots. The front portion of the property which is located in the Special Management Area will be one large Special Management Area lot and then we will have 17 agricultural lots which total about 476 acres and those lots is where the farm dwelling unit (inaudible) will be placed and it has been limited to 75 farm dwelling units so there is a limitation on the units. And with this subdivision that will really take care of the development of the entire area. Ms. Matsumoto: The main access for those farm dwelling area lots would be, I guess I am thinking ahead about agriculture, promoting agriculture on the island. So there will be adequate access to and from those areas? Mr. Graham: Yes. The main access is actually the existing access that goes to the first clubhouse and that has turn in lanes already on Kuhi`o Highway and that will provide access to this entire area. There will be an additional access next to 'Anini Vista, it is called 'Anini Vista Drive that leads into the 'Anini Vista Subdivision so that will be for the eastern most lots. But this is all a level pasture area so once you get off of Kuhi`o Highway you have access to the entire area. Ms. Matsumoto: I would like to move to approval final subdivision action for S- 2008 -21, Princeville Prince Golf Course LLC, TMK: 5 -3- 006:001, 014, Princeville, Kauai. Mr. Kimura: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carries. Subdivision Committee Minutes 4 February 23, 2010 On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve Tmal subdivision action for 5- 2008 -21, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, S- 2006 -18, Herbert H. & Barbara S. Nishida/David Nakamura, 11 -lot Subdivision, TMK: 4 -4- 015:017, Wailua Homesteads, Kaua'i. Chair: I am not related to this Nishida. Staff: What you have in front of you is the requested second extension for this proposed 1 Mot subdivision. I think as noted in the subdivision report the property is situated on the western side of (inaudible) Road in Wailua Homesteads. It is in the vicinity of the Sanchez property actually. The delay in the subdivision is directly attributed to the infrastructure improvements. I think as you see on the final subdivision map a cul -de -sac would have to be constructed to serve as the primary access for all of the proposed lots. The request has been routed to several reviewing agencies for their comments and they have no objections to the extension request. The department is recommending that the extension be granted to January 24, 2011 with the provision that an updated status report be provided for further extension requests. Chair: Dale, just to clarify, the northern boundary of this property is Urban zoned land? Staff: Yes. Chair: Across the street is Urban? Staff: Across the street is actually rural. The State Land Use Designation for the parcels to the north and east of the property are all within the State Rural Land Use District. Right now this property is zoned Ag. Chair: Questions for Dale? Ms. Matsumoto: Just if the time is enough time? Mr. Graham: Yes. Mr. Kimura: I would like to move to approve the tentative subdivision extension request for S- 2006 -18, Herbert H. & and Barbara S. Nishida/David Nakamura, TMK: 4 -4- 015:017, Wailua Homesteads, Kaua'i. Ms. Matsumoto: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carries. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to approve tentative subdivision extension request for 5- 2006 -18, motion carried unanimously by voice vote. Subdivision Committee Minutes February 23, 2010 ADJOURNMENT This portion ended at 8:48 a.m. Respectfully Submitted. Lani L. Agoot Commission Support Clerk Subdivision Committee Minutes 6 February 23, 2010