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HomeMy WebLinkAboutSUB Minutes Aug 24 2010KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING August 24, 2010 The regular meeting of the Planning Commission Subdivision Committee was called to order by Chair, James Nishida at 8:09 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. GENERAL BUSINESS MATTERS Transmittal of Agriculture Master Plan, pursuant to Condition No. Li of the Tentative Approval letter date March 11, 2009, relating to a 13 -lot subdivision within the Agriculture (A) & Open (0) zoning districts, Subdivision Application No. S- 2009 -16, Tax May Kev: (4) 5 -1- 003:006, 101 & 029, Waivake = Falko Partners, LLC. Staff Planner Dale Cua: Thank you Mr. Chair. As noted in the department's staff report it is pretty much straight forward, there is a requirement of the tentative approval letter which requires the subdivider to transmit an agricultural master plan for the Subdivision Committee's review and consideration. What you have in front of you, the booklet you have there is the updated agricultural master plan affecting Phase II of the subdivision. This particular property is being subdivided into two phases, the first phase which received final approval from the Subdivision Committee a couple years back and then this Phase II is for a 13 -lot subdivision. The agricultural master plan has been basically updated to reflect the development proposal on the property as well as to identify the agricultural operations on the property. Chair: Questions for Dale? I have some for Shawn. Mr. Shawn Smith: My name is Shawn Smith for the applicant, this is my wife Doran Smith and we both work on the project. Chair: I have to say that I am going to be voting for this excellent farm plan, it covered everything. The only thing is I just have some questions about it. The first thing is you know the agriculture part, are those easements on the existing parcels or actually another subdivided parcel? Mr. Smith: Easements. Chair: The management of those parcels, the agriculture part of the project, how is that going to continue after you sell off all the subdivided parcels? Mr. Smith: I am going to defer that to our legal representation. Ms. Doran Smith: My name is Doran Smith, good morning. What we plan on doing is the community association, the Farm Owners Cooperative, will hire a nursery and community farming manager and that person will manage the nursery operations as well as the community farming operations. And then the revenues from those operations will flow through the Homeowners Association to the lot owners. Chair: That is your ginger grower back there? Mr. Smith: Yes it is and a gifted ginger farmer at that. Chair: The one concern I had and I was going to ask in the general meeting that we get an opinion from, this has nothing to do with this it is a process thing, but I was kind of concerned about the confidential nature of the ag. master plan. So I was going to request from the County Attorney if ... I wanted an opinion of whether the ag. master plan can be confidential but this is a tremendous piece of work. The part that I think is confidential and that is why I wanted to get your opinion on was the business and marketing plan. Mr. Smith: I am very pleased to hear you say that because we were very apprehensive as well, we wanted to be as thorough as possible with everything on the table so there was no concerns about us. And so even in working with Ben we were very concerned too but we wanted to put our best foot forward so I am actually very happy to hear you say that so whatever way we can do that together we would appreciate that. Chair: So I am correct and actually it is like the money part, how much you are charging for the different things, your business and marketing plan. Mr. Smith: Absolutely. Ms. Matsumoto: It is actually sort of an interesting approach presenting a plan because it is important for us to see the business plan as well. Chair: The part that was interesting I thought was, and I think should be public, was how you incorporated that agricultural easement and the set up. You guys don't mind that part being public it is the cash amounts per product and that kind of thing. Subdivision Committee Minutes August 24, 2010 Mr. Smith: Yes. We are very proud of that too Cammie. We put a lot of work into that so yes, I think you guys are reading my mind exactly, we have no problem. Dale has been great, we have used that as a model before but yes, if we could keep that other stuff fairly tight that would help everybody involved. Chair: My concern about that business and marketing plan is that we don't require, it is kind of an equal application of the law. We don't require Visionary to come up with their business and marketing plan although parts of this I would think in the business and marketing plan you guys wouldn't mind being public because of the fluid nature of the agricultural plan. That part, different crops, you had options for crops, you had ways in which you could help the homeowner to develop. All that stuff I think you guys don't mind opening up but it is the prices for products, it is the marketing, the sources for the purchase of the plant material, all that kind of think I think you want to keep private. Mr. Smith: Exactly. Chair: So my concern was that if we are asking especially the subdivider of the property to come up with a business and marketing plan we are not requiring Visionary to do it, we are not requiring other people to. I don't think it is an equal application of the law. And the other thing is I don't think we get anybody qualified to really review those business and marketing plans so I was going to ask the County Attorney to come up with an opinion on that. There are ways that you can talk about business and marketing without some of the particulars. Any other questions for Shawn? I like how you got the independent people to review it. I thought that was really good, really helpful. Mr. Smith: Thank you. Ms. Matsumoto: Just out of curiosity how did you come up with your crops? Mr. Smith: A lot of trial and error and then also we finally just had to go to the experts and so that is why we went to the farmers in the Kilauea area who have been putting a lot more experience into it than I had. So we went to the people who could do it best and had the history in the Kilauea area and knew the soils and the elements (inaudible) and that is where it came from. Ms. Matsumoto: You know the black pepper and the honey, black pepper would be great because in Ponape they had a healthy Ponape pepper business and it became world famous. And then I heard somewhere recently that for some odd reason it just went bust but black pepper is a healthy product not only for seasoning but it is actually good for you. So it would be good for agriculture and for the island. Mr. Kimura: Have you guys ever thought about raising vanilla? Mr. Smith: Not us particularly but we can refer that to Ben. Have you ever tried vanilla? Subdivision Committee Minutes August 24, 2010 Unidentified Sneaker: (Inaudible). Ms. Matsumoto: How about the cultivation of bees? What flowers do you need to grow for that? Mr. Ben Ferris: My name is Ben Ferris and I farm on Falko Partner's property in Koolau. To answer your question about the honey bees, I don't keep honey bees myself. I have done some in the past and I know some bee keepers and as far as I know there is no cultivation of crops for the nectar, it is all a wild accumulation by the honey bees. The bee keepers know when certain flowers are blooming and they harvest the honey for certain nectar at certain times of the year but generally it is a blend of wild nectar that is collected. Chair: Any other questions for Ben? Shawn, well actually it's a question for Dale, you have an agreement to incorporate the agricultural restrictions into the instruments of conveyances. And then there is another... there was something else in there, the actual conveyance, what is going to be incorporated in the... Staff: Right. Typically, just for your information, it has been a standard practice for agriculture zoned properties especially properties that is within the State Agricultural Land Use District and what this conveyance document does is just basically alert the future homeowners that the property is zoned Ag. and that the uses on the property be consistent with the uses identified in Chapter 205 of the Hawaii Revised Statues. 205. Chair: In addition to that you had exhibit A which was the permissible... Chapters from Staff: Correct. Chair: So each subdivision now includes this information? Staff: For agricultural subdivisions, yes. Chair: Was there an example of the actual thing that is going to be filed with the Bureau of Conveyances? Staff: I believe there is a sample document here, and in that document I believe it lists the permissible uses, I think it is on page 28. Chair: That is on exhibit A. Staff: Yes. Chair: And then the requirement for the farm dwelling its self, did you have an example? I thought I saw one but I cannot find it. Subdivision Committee Minutes August 24, 2010 Staff: If it's not in here we have a standard form that we have available at the department. Chair: Shawn, you don't have something in here that actually, the actual document that you are going to be asking the homeowners to... Ms. Smith: There are actually several documents that require the homeowners to comply with Chapter 205. There is this agreement right here that every homeowner has to execute. There is also in the master warranty deed, the master deed for the whole property, it recites the fact that the lot owner has to comply with Chapter 205. There is also an agricultural subdivision agreement which acknowledges that the subdivision is on agricultural land both defined by the SLUC and the County of Kauai, and then Chapter 205 is listed again. And then finally in the CC &R's, the master covenants, conditions and restrictions it is also listed in there. Chair: I saw you guys included the land classification for the parcel. So what she said, are all agricultural subdivisions required to that level? Staff: No, they actually went over and beyond just to protect agricultural, the viability of the agricultural subdivision but for most subdivisions in the past they have incorporated that conveyance document that identifies the permissible uses in 205. Chair: Thank you, any other questions for the applicant? Seeing none what does the Commission want to do? Ms. Matsumoto: Move to approve or accept... Staff: Receive. Ms. Matsumoto: Receive the agricultural master plan for subdivision application No. S- 2009-16, Tax Map Key (4) 5 -1- 003:006, 010 & 029, Waipaki, Falko Partners, LLC. Mr. Kimura: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carried, thank you very much. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to receive Agriculture Master Plan, motion carried unanimously by voice vote. COMMUNICATION There were no communications. Subdivision Committee Minutes August 24, 2010 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Tentative Subdivision Extension Request, S- 2005 -39, 40 -lot Subdivision, TMK: 3 -6- 02:01 (Portion), Lihu`e, Kauai, Visionary LLC. Staff: Thank you Mr. Chair. What you have before you is the third extension request for this particular project. This particular project is identified as the Wailani Subdivision which is situated on the mauka side of Kapule Highway at the Kapule Highway / Ahukini intersection which is across the airport facility. As noted in the staff report the applicant is still working with the various reviewing agencies as far as identifying the necessary infrastructure improvements for the project area This particular concern is also being addressed with the application that is coming up next on the agenda which is basically how to coordinate the infrastructure to serve these developments. The request has been routed to the various reviewing agencies and they have no objection to the extension request. The department is recommending an extension to July 12, 2011. The applicant is required to provide an updated status report on the subdivision to basically just update the department as well as the Commission as far as the progress of the subdivision. Chair: Questions for Dale, Clyde do you want to add anything? Ms. Matsumoto: Move to approve tentative subdivision extension request for S- 2005 -39, Visionary LLC, TMK 3 -6 -02: 01, (portion), Lihu`e, Kauai. 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 tentative subdivision extension request for 5- 2005 -39, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, S- 2005 -40, 22 -lot Subdivision, TMK: 3 -7- 01:01; 3 -7- 02:12, Lihu`e, Kauai, Visionary LLC. Staff: Thank you Mr. Chair. As previously mentioned this is the third extension request for this project. This particular project is identified as the Ahukini Mauka Project which is across the street from the previous application. This area is situated right behind the Wal -Mart area. Again the department is recommending an extension to July 12, 2011 with the provision that the applicant submit an updated status report. Chair: Questions for Dale, questions for the applicant? Subdivision Committee Minutes August 24, 2010 Mr. Kimura: I notice here that the tentative approval granted on July 12, 2005. What is the reason for it taking so long? Mr. Clvde Kodani: For the record Clyde Kodani, authorized agent. The reason for the length of time is these, I will call it three, the previous one was in Molokoa, this one is mauka, and then on the airport side it is makai. So these are all I would say roughly 100 plus acres so these are extremely large developments and there are a lot of master plans that we are required for drainage, for all the infrastructure. And so we had to work with all of the agencies and we still are continuing to work with all the agencies. So it is just the magnitude of the projector projects that is causing this to go for multiple years right now. Mr. Kimura: So you are doing all three at once? Mr. Kodani: We are doing two pretty much, this application right now is ... I will call it slightly behind the other two right now. Mr. Chair, on that note, on Commissioner Kimura's statements, I would like to just propose to the committee consideration. Staff has recommend extension to July 12, 2011, (inaudible) consideration to 2012 and the only reason is as staff indicated a lot of the requirements for this subdivision is highly dependent upon the previous subdivision. And we are just going in for, I would say we are within a month or so of getting final subdivision of the previous application and now we can proceed with and look towards maybe developing this application. But it is going to take a little bit more than a year and instead of us coming back next year I am just asking for consideration maybe for two years. But we will give you an updated annual report next year. Mr. Kimura: You know that is going on seven years. Mr. Kodani: Yes. If I had a kid he would be in the fifth grade. Chair: Other questions for Clyde? What does the committee want to do? Mr. Kimura: What is the planner going to do with the request? Staff: As far as the department is concerned we have no objections it is just that the department has historically recommending extension approvals on an annual basis. And the idea behind it is to monitor the subdivider's progress as far as whether they are moving with the application or not. I think more recently the department has been recommending an updated status report be submitted and basically for the subdivider to demonstrate that progress is being made. Ms. Matsumoto: So if it were 2012 then how would that work? Staff: Again if the extension is granted for two years then the way the condition reads is may the applicant would have to submit an annual status report for next year just to show that they are progressing with the subdivision. In 2012 another updated status report would be Subdivision Committee Minutes August 24, 2010 submitted and then that would be for your consideration and then you can evaluate their request at that point to see whether the extension request in two years would warrant more extensions. Obviously if they haven't shown any progress then that is where your decision can be made whether you want them to proceed or reapply at some point in time when they have more solid plans. Chair: So if we entertain that the motion is just to extend the tentative approval, just change the date? Or do we have to change the report and then approve the... Staff: If the recommendation is amended to grant an extension to July 12, 2012, I think the last sentence of the recommendation would have to be amended to read where the status report or an updated status report shall be submitted within one year of the approval. And, another status report submitted to the department no later than 60 days prior to the expiration date. So basically they are required to submit two. Chair: So do we have a motion to amend the date? Mr. Kimura: So moved. Ms. Matsumoto: Second. Chair: Moved and seconded, all those in favor say aye, motion carried. On motion made by Jan Kimura and seconded by Camilla Matsumoto, to amend extension date to July 12, 2012, motion carried unanimously by voice vote. Chair: Can you read how that works? Staff: Just for clarification this recommendation which is very similar to the previous application you are going to be amending just this one or are you going to be going back to amend...? Chair: Just this one because the other one they are coming in soon. Staff: So the last sentence would read "An updated status report shall be submitted to the Planning Department within one year of the extension approval and another status report be submitted no later than 60 days prior to the expiration date ". Ms. Matsumoto: So move to approve tentative subdivision extension request with the amendments for S- 2005 -40, Visionary LLC, TMK 3 -7 -01:01 and 3 -7- 02:12, Lrhu`e, Kauai. Mr. Kimura: Second. Chair: All those in favor say aye, opposed, motion carried. Subdivision Committee Minutes August 24, 2010 On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve 5- 2005 -40, as amended, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, S- 2009 -24, 1 Mot Consolidation, TMK: 2 -8- 08:20, 22 -29, 34, 35, Koloa, Kauai. Staff: Thank you Mr. Chair. As noted in the staff report the proposal consolidates 11 existing lots into a single lot within the General Commercial Zoning District. The consolidation involves the future improvements to the Sueoka Store facility in Koloa Town. As further noted the development plan was approved by the Planning Commission on September 9, 2008 and one of the requirements of those permits noted in the staff report was to consolidate the parcels and to address the vehicular circulation in this particular area. This is the applicant's first extension request and the applicant is still working with various reviewing agencies as far as addressing the many requirements of the subdivision. The request has been reviewed by the Department of Public Works and Water and they have no objections to the extension request. The department is recommending an extension to May 12, 2011. Chair: Questions for Dale? Does the applicant want to say anything? Ms. Matsumoto: I wonder if that is enough time. Staff: Maybe one year from now we can find out a little bit more as far as progress and where they are at. Ms. Matsumoto: So it's enough time? Staff: Yes. Chair: Hi Rod, do you have anything to add? Mr. Rod Sueoka: Rod Sueoka. Chair: Do you have anything to add? Mr. Sueoka: I was just opening up the store. I apologize for being so late. Ms. Matsumoto: How is the project going? Mr. Sueoka: We are actually on hold and we are working on the lot consolidation and we are moving slow because of the economy. Ms. Matsumoto: But you have made some progress. Mr. Sueoka: Yes. Subdivision Committee Minutes August 24, 2010 Chair: Other questions for Rod? Ms. Matsumoto: I had asked the planner whether May 12, 2011 was enough time and he said that it would be. So move to approve tentative subdivision extension request for S- 2009 -24. Jan Inc., TMK 2 -8- 08:20, 22 -29, 34 and 35, Koloa, Kauai. Mr. Kimura: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve tentative subdivision extension request for S- 2009 -24, motion carried unanimously by voice vote. Modification of Requirements /Condition Action, S- 85 -44, 3 -lot Subdivision, TMK: 5 -8- 11:58. Agnes Chattin, Wainiha, Kauai. Staff: Thank you Mr. Chair. A little background information, the original subdivision was approved by the Planning Commission on June 22, 1989. It was a proposed 3 -lot subdivision. At the time of the subdivision the condition of Alamihi Road was unimproved and I think as a result the way the subdivision was laid out was that that primary access was to be along Kuhi`o Highway. Since that time a portion of Alamihi Road has been improved through another subdivision, actually from a subdivision across the street and now the applicant or actually the owner of lot 122 -B is requesting that a condition be removed in order to allow access off Alamihi because Alamihi Road is no improved. The request was routed to Public Works for their consideration and they have no objections to the applicant's request to delete that requirement and to allow access off Alamihi Road. So as a result the department is recommending that condition No. 3 of the approval letter be deleted to allow access off Alamihi Road and that the applicant resolves all of Public Works concerns regarding addressing. Ms. Matsumoto: I just want to make a correction just for the record, it is just a small typo in the name Chatten and in the report it is Chattin and also the agenda, it's an easy thing to correct. Staff: The file shows it as "in ". As long as the application numbers are correct. Chair: Can the applicant come forward? State your name for the record. Mr. Doug Pickles: My name is Doug Pickles. Chair: Do you have anything to add? Mr. Pickles: No sir, just appreciate your time on this consideration. Chair: Questions for the applicant? What does the committee want to do? Subdivision Committee Minutes August 24, 2010 10 Ms. Matsumoto: Move to modify the condition for S- 85 -44, Agnes Chattin, TMK 5 -8- 11:58, Wainiha, Kauai. Mr. Kimura: Second. Chair: Moved and seconded, all those in favor say aye, opposed, motion carried. On motion made by Camilla Matsumoto and seconded by Jan Kimura, to approve modification of requirement/condition action for 5- 85 -44, motion carried unanimously by voice vote. ADJOURNMENT This portion ended at 8:48 a.m. Subdivision Committee Minutes August 24, 2010 Respectfully Submitted. Lam Agoot Commission Support Clerk 11