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HomeMy WebLinkAboutSUB min Oct 12 2010KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING October 12, 2010 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair, James Nishida at 8:40 a.m., at the Lihue Civic Center, Mo'ikeha Building, in Meeting Room 2A -213. The following Committee members were present: Mr. James Nishida Ms. Camilla Matsumoto Mr. Jan Kimura 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. GENERAL BUSINESS MATTERS There were no general business matters. COMMUNICATION There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Final Subdivision Action, S- 2009 -16, Falko Partners LLC., 13 -lot Subdivision, TMK: 5- 1- 03:06, 10, 29, Waipake, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. In this application that is coming before you for final subdivision approval the final maps were routed out to the various reviewing agencies for their approval. We have received all of the approval letters including the housing agency which is noted at the very bottom of the staff report. The EIA and park fees were also paid. As a result the department is recommending final subdivision approval of this application. Chair: Questions for Dale? Mr. Kimura: The park dedication, it says appraisal required. Staff: Yes. Basically the park dedication fees determine... there is a flat fee whenever you have a subdivision that involves 6 or less lots. Whenever you have a subdivision that involves more than 7 lots an appraisal report is required and then once we get the numbers from the appraisal report, what we are looking for in order to calculate the park dedication fee is the raw land value and improved land value. Once we get those numbers from the appraisal report then we are able to determine the park dedication fee so that is the purpose of the appraisal report. Chair: Does the applicant want to say anything? Mr. Shawn Smith: Good morning, Shawn Smith and Doran Smith for Falko Partners. Chair: Questions for the applicant? I read in here something about a lateral easement in the conservation, that was done? Staff: That was done through Phase I of the project. Chair: Okay, what does the committee want to do? Mr. Kimura: I want to make a motion, move to approve the final subdivision action for 2009 -16, Falko Partners LLC, TMK 5 -1- 03:06, 10, 29, Waipake Kauai. Ms. Matsumoto: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carried. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to approve final subdivision action for S- 2009 -16, motion carried unanimously by voice vote. Tentative Subdivision Action, S- 2006 -47, Opaekaa Falls Land Co., LLC, 3 -lot Boundary Adjustment, TMK: 4- 2- 003L012m 065, 066, Wailua Homesteads, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. What you have before you is a subdivision application for a 3 -lot boundary adjustment for a property in Wailua Homesteads. As noted the applicant is still trying to satisfy the requirements of the tentative approval. What I handed out to you earlier is the requirements of tentative approval. As noted in the staff report construction plans have been prepared and are still being reviewed by the various reviewing agencies. Also the applicant has prepared a drainage study which is also being evaluated by the Department of Public Works. Because it is still uncertain as far as what the required infrastructure requirements for the project are the applicant is asking for an extension. The department is recommending an extension to June 10, 2011 with a condition that if the applicant seeks another extension request that they submit an updated status report from the Subdivision to detail the progress of the subdivision. Subdivision Committee Minutes October 12, 2010 Ms. Matsumoto: June 10, 2011, is that enough time? Staff: If you notice the application was initially processed in 2006. There have been several revisions to the application and part of the challenge involves determining the water improvements for the properties. At one time they were looking at a private water system and so the applicant had to go before the Water Board for that disclosure. And so at this time they are working with the requirements as noted in the tentative approval letter and to further recognize those requirements construction plans have been prepared to recognize the infrastructure requirements. Chair: How many units on this total? Staff: This property is unique from the standpoint that it is split zoning. Along Kuamoo Road is residentially zoned, you have R -4 zoning which is adjacent to the hiking trail. When you get closer to the falls it is all zoned Agriculture and Open. Chair: So a total of about how many units? Staff: I am not sure what the exaction is because of the Residential zoning it is going to be quite a number. At least, I would say at least a dozen in the R -4 area. As far as the Agriculture you are looking at, I think between all three properties you could probably get 5. Chair: And the Well didn't work out? Staff: I think they are still doing some Well testing, there was one drilling rig on the property closest to the hiking trail. I am not sure what the findings from that Well were. Mr. Kimura: This is the first house on the right? Staff: Right, that is the historic house. Mr. Kimura: Does that go all the way through the hiking trail? Staff: The property actually abuts the hiking trail. Mr. Kimura: That whole pasture, right? Staff: Exactly. It is the first property on the right as soon as you pass the waterfall. Believe it or not there are 3 existing properties that are there now. Mr. Kimura: Is the applicant here? Mr. Dennis Esaki: Dennis Esaki, representing the applicant. Ben Welbourne is supposed to be here but I don't see him so I am the pinch hitter. Part of the property in the back was actually zoned for more residences and they had to move it to the Kuamoo Road but for some reason abutting the mountain was zoned Residential. Subdivision Committee Minutes October 12, 2010 Mr. Kimura: They are not going to build anything on the other side of the stream, right? Staff: No, not at this time. Mr. Kimura: Do they own (inaudible). Mr. Esaki: They own on the other side of the street too but I think the plan is only for the Kuamoo Road side. The major problem or issues that have to be worked out is the water, water Well and the source storage. The condition was for long waterline and storage, they did drill a well but with the change in the administration at the Water Department they made some changes in the... Mr. Kimura: If they do the Well would that stream affect the Well, the seepage of the stream affect the Well at all? Mr. Esaki: I think they have to go way below that like hundreds of feet so they have no surface water filtration. Chair: So the Department of Water is not allowing that kind of thing or are they allowing a mix? Mr. Esaki: They have been talking about either they go one way the other, you cannot have some County water and some private water systems so they are working that out now. Chair: You know the easement, it mentioned something about restricting vehicular access to that trail and the bridge all that. Was that resolved? Mr. Esaki: I am not sure if that is resolved but I don't think it is an issue. I don't think it is a major problem for the owner. You don't want the cars going on that trail. truck Mr. Kimura: Motorbikes and ATV's. Mr. Esaki: I think the back part of it is an Equestrian trail though. Staff: Just looking at the subdivision map it is an established trail on the property. Chair: So there is already vehicular restriction from the State on that. Staff: Absolutely. Chair: So how do they access that back parcel then? You cannot really access it with a Mr. Esaki: No. Subdivision Committee Minutes October 12, 2010 Staff: There is no access. Ms. Matsumoto: On foot or horse. Mr. Esaki: There is that Equestrian bridge. Chair: Any more questions? Dale, one last thing on the recommendation, the language is 60 days prior to the expiration date but the language in the recommendation is from the expiration date. Is it supposed to be 60 days prior to? Staff: Prior to the expiration date, yes, thank you. Mr. Kimura: I'll make a motion to approve tentative subdivision extension request, S- 2006-47, Opaekaa Falls Land Co. LLC, TMK 4 -2- 003:012, 065, and 066, Wailua Homesteads, Kauai. Ms. Matsumoto: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carried. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to approve tentative subdivision extension request for S- 2006 -47, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, S- 2007 -36, Take Yamashiro/Keuii Yamashiro /Sue Ann Takata, 2 -lot Consolidation, TMK: 4 -6- 004:020, 022, Kapa`a, Homesteads, Kauai. Staff Planner Dale Cua: Thank you Mr. Chair. What you have before you is a 2 -lot consolidation, basically what the applicant is looking to do in his application is consolidate a portion of the remnant railroad right -of -way that traverses through the property. That is the purpose of this application. Part of the challenge is with this subdivision is dealing with the infrastructure related to the proposal because one, I believe they have imposed requirements from the Water Department and the road serving this parcel is unimproved. So what they are trying to do it trying to defer the requirement to improve these roadways until such time as the property is further developed. Because what they are actually doing is eliminating that one lot, that railroad right -of -way lot. And to make matters worse the family is dealing with a personal matter right now at this time so unfortunately there hasn't been much activity with this application. But the department is still recommending an extension to August 14, 2011 and also the applicant is required to provide an updated status report at the next extension we can evaluate whether this application should be continued or not. Chair: Dale, the people bought the right -of -way already so the ownership on both of those, it is just they want to consolidate it. Staff: Yes. Subdivision Committee Minutes October 12, 2010 Chair: And then the requirement for the consolidation, I think the State requires... Staff: The State requires consolidation, yes. Chair: Dennis, do you want to say anything? Mr. Esaki: Dennis Esaki representing the owner. As Dale mentioned there have been some family issues, the Yamashiro's both passed away and they are buying the railroad right -of- way but the condition is to consolidate it. But the Akulikuli Road, adjacent road is not improved and a portion of Ahiahi Road is not improved. The Water Department is planning to do something in that area with the tunnel. They have a free flowing tunnel that was serving a Water Department tank so they are looking at improving that and working in that area to basically they are trying to work out the condition of improvements to that road at the time of development. We have to be sure to define development, if the first house is development or what that entails or includes. Chair: These lots don't have houses on them yet? Mr. Esaki: They are all vacant. They are all in pasture right now. Chair: Dale, we cannot make the approval longer, at least 2 years because the infrastructure pending? Staff: That is for you to consider. For the department it is only recommendations. Ms. Matsumoto: I think it is a good idea. Mr. Kimura: Do you want to change the language right now? Staff: Just the date to 2012. Ms. Matsumoto: August 14, 2012. Mr. Kimura: Is that acceptable to you Dennis? Mr. Esaki: Yes. Mr. Kimura: Move to approve tentative subdivision extension request, S- 2007 -36, Take Yamashiro /Kenji Yamashiro /Sue Ann Takata, TMK 4 -6- 004:020, 022, Kapa`a Homesteads, Kauai. Ms. Matsumoto: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carried. Subdivision Committee Minutes October 12, 2010 Staff: Chair, just for clarification the approval is for the amendment as well, right? Chair: Yes, approved as amended. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to approve as amended, subdivision extension request for S- 2007 -36, motion carried unanimously by voice vote. ADJOURNMENT This portion ended at 9:00 a.m. Respectfully Submitted. Lam Agoot Commission Support Clerk Subdivision Committee Minutes October 12, 2010