2022-7-12 PC Subdivision Agenda PacketPAGE 2
PLANNING COMMISSION SUBDIVISION COMMITTEE – July 12, 2022
SUBDIVISION COMMITTEE MEETING NOTICE AND AGENDA
Tuesday, July 12, 2022
8:30 a.m. or shortly thereafter
Līhu‘e Civic Center, Moikeha Building
Meeting Room 2A-2B
4444 Rice Street, Līhu‘e, Kaua‘i, Hawai‘i
To Join by ZOOM Link:
https://us06web.zoom.us/j/87987571072
Webcast Link: https://www.kauai.gov/Webcast-Meetings
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. MINUTES of the meeting(s) of the Subdivision Committee
1. November 9, 2021
2. December 14, 2021
E. RECEIPT OF ITEMS FOR THE RECORD
F. UNFINISHED BUSINESS
1. None for this meeting
G. NEW BUSINESS (For Action)
1. Preliminary Subdivision Extension Request
a. Subdivision Application No. S-2017-6
(Moloaʽa Valley Homeowners, LLC.)
Proposed 7-lot Subdivision
TMK: (4) 4-9-11:013
Kawaihau, Kaua‘i
1) Subdivision Report pertaining to this matter.
b. Subdivision Application No. S-2019-3
(McBryde Sugar Company, LLC. / Sunset Strip Properties, LLC.)
Proposed 19-lot consolidation and resubdivision into 2-lots
TMK: (4) 2-4-016:001 - 019
Wahiawa, Kōloa, Kaua‘i
1) Subdivision Report pertaining to this matter.
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PLANNING COMMISSION SUBDIVISION COMMITTEE – July 12, 2022
c. Subdivision Application No. S-2019-4
(Tim Beckman & Mira Hess)
Proposed 4-lot consolidation and resubdivision into 3-lots
TMK: (4) 2-8-014:038, 042
Kōloa, Kaua‘i
1) Subdivision Report pertaining to this matter.
d. Subdivision Application No. S-2019-8
(Stephanie Fernandes)
Proposed 5-lot subdivision
TMK: (4) 4-2-005:044
Wailua, Kawaihau, Kaua‘i
1) Subdivision Report pertaining to this matter.
e. Subdivision Application No. S-2020-9
(Baird Family Limited Partnership)
Proposed 3-lot subdivision
TMK: (4) 4-4-013:002
Kapaʽa Homesteads, 2nd Series, Kaua‘i
1) Subdivision Report pertaining to this matter.
2. Final Subdivision Map Approval
a. Subdivision Application No. S-2021-6
(KEEKAUAICARPORT, LLC.)
Proposed 2-lot subdivision
TMK: (4) 2-6-017:045
Kōloa (Makai), Kōloa, Kona, Kaua‘i
1) Subdivision Report pertaining to this matter.
b. Subdivision Application No. S-2022-3
(Whiptail Wallaby, LLC.)
Proposed 2-lot consolidation
TMK: (4) 2-6-018:025, 027
Kōloa (Makai), Kōloa, Kona, Kaua‘i
1) Subdivision Report pertaining to this matter.
H. EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive
session is to consult with the County's legal counsel on questions, issues, status and procedural
matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or
liabilities of the Commission and the County as they relate to the following matters:
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PLANNING COMMISSION SUBDIVISION COMMITTEE – July 12, 2022
1. Subdivision Application No. S-2017-6
(Moloaʽa Valley Homeowners, LLC.)
Proposed 7-lot Subdivision
TMK: (4) 4-9-11:013
Kawaihau, Kaua‘i
2. Subdivision Application No. S-2019-3
(McBryde Sugar Company, LLC. / Sunset Strip Properties, LLC.)
Proposed 19-lot consolidation and resubdivision into 2-lots
TMK: (4) 2-4-016:001 - 019
Wahiawa, Kōloa, Kaua‘i
3. Subdivision Application No. S-2019-4
(Tim Beckman & Mira Hess)
Proposed 4-lot consolidation and resubdivision into 3-lots
TMK: (4) 2-8-014:038, 042
Kōloa, Kaua‘i
4. Subdivision Application No. S-2019-8
(Stephanie Fernandes)
Proposed 5-lot subdivision
TMK: (4) 4-2-005:044
Wailua, Kawaihau, Kaua‘i
5. Subdivision Application No. S-2020-9
(Baird Family Limited Partnership)
Proposed 3-lot subdivision
TMK: (4) 4-4-013:002
Kapaʽa Homesteads, 2nd Series, Kaua‘i
6. Subdivision Application No. S-2021-6
(KEEKAUAICARPORT, LLC.)
Proposed 2-lot subdivision
TMK: (4) 2-6-017:045
Kōloa (Makai), Kōloa, Kona, Kaua‘i
7. Subdivision Application No. S-2022-3
(Whiptail Wallaby, LLC.)
Proposed 2-lot consolidation
TMK: (4) 2-6-018:025, 027
Kōloa (Makai), Kōloa, Kona, Kaua‘i
I. ADJOURNMENT
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KAUA‘I PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
November 9, 2021
Draft
The regular meeting of the Planning Commission Subdivision Committee of the County of
Kaua‘i was called to order by Chair Francis DeGracia at 8:33 a.m., Webcast Link:
https://www.kauai.gov/Webcast-Meetings. The following Commissioners were present:
Mr. Francis DeGracia
Mr. Gerald Ako
Mr. Mel Chiba
The following staff members were present: Planning Department –Dale Cua, and Planning
Commission Secretary; Office of the County Attorney – Deputy County Attorney Laura Barzilai;
Office of Boards and Commissions – Administrator Ellen Ching, Administrative Specialist
Anela Segreti
CALL TO ORDER
Subdivision Committee Chair DeGracia called the meeting to order at 8:33 a.m.
ROLL CALL
Planning Director Ka’aiana Hull: Roll call Mr. Chair. Commissioner Ako
Mr. Ako: Here and by myself.
Mr. Hull: Commissioner Chiba.
Mr. Chiba: I’m here, by myself
Mr. Hull: Chair DeGracia.
Chair DeGracia: Here, by myself.
Mr. Hull: Commissioner Chiba we have to ask you to turn on your video pursuant to the
sunshine rules.
Mr. Chiba: Yes, okay can you hear me, see me?
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Mr. Hull: Awesome, thank you Commissioner Chiba. Mr. Chair we have a quorum. Three
Present.
APPROVAL OF AGENDA
Mr. Hull: Next on the agenda we don't have any proposed amendments to the approval of the
agenda so the next will be the approval of the agenda
Chair DeGracia: Motion to approve the agenda.
Mr. Ako: So, move to approve the agenda of the Subdivision Committee meeting, Thursday,
November ninth, 2021.
Mr. Chiba: I second.
Chair DeGracia: The motion on the floor is to approve the agenda. All in favor say aye.
(Unanimous voice vote) Motion passes 3:0.
MINUTES of the meeting(s) of the Subdivision Committee
Mr. Hull: Thank you Chair. Next should be the Minutes of the Meeting of the Subdivision
Committee of May 11, 2021.
Chair DeGracia: Thank you, could we have a motion to accept the Minutes for May 11, 2021
Mr. Chiba: I move to approve the minutes of the Subdivision Committee, May 11, 2021.
Mr. Ako: I’ll second.
Chair DeGracia: The motion on the floor is to receive the minutes for Meeting of May 11, 2021.
All in favor say, aye? (Unanimous voice vote) Motion passes 3:0.
RECEIPT OF ITEMS FOR THE RECORD (None)
Mr. Hull: Thank you chair. Next, there are no receipt of items for the records, following that
will be hearings and public comment. We have no advance request for public testimony looking
at the attendee list we have no attendees in attendance. Call for testimony.
HEARINGS AND PUBLIC COMMENT (None)
Mr. Hull: We have no advance request for public testimony looking at the attendee list we have
no attendees in attendance. Call for testimony
GENERAL BUSINESS MATTERS (None)
Mr. Hull: So at this point we can move on to, there’s no General Businesses
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UNFINISHED BUSINESS (None)
Mr. Hull: No Unfinished Business.
NEW BUSINESS (For Action)
Tentative Subdivision Map Approval
Subdivision Application No. S-2022-3 (Whiptail Wallaby, LLC.} Proposed 2-lot
Consolidation TMK: (4) 2-6-018:025 & 027 Kōloa, Kona, Kaua'i
Mr. Hull: Going directly into New Business for Action. I.1, tentative subdivision map approval
subdivision application number ss 2022-3 Whiptail Wallaby, LLC is the applicant, it is a
proposed 2-lot consolidation tax map key 2-6-018:025 and parcel 027 is located in Kōloa,
Kaua'i. Kenny’s on holiday so I'll turn it over to his supervisor Mr. Cua, who is pinch hitting for
Kenny today, Dale.
Mr. Cua read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Cua: At this point, we have no objections to recommending tentative subdivision approval
for this application.
Chair DeGracia: Thank you, commissioners, we have any questions for the planner, Planning
Department?
Mr. Chiba: None for me
Mr. Ako: None for myself, Chair.
Chair DeGracia: Do we have a representative for the applicant, or the applicant themselves?
Hearing no one. Commissioners, with no questions, no comments I’ll entertain a motion.
Mr. Chiba: I move to approve subdivision application number S-2022-3, proposed 2-lot
consolidation.
Mr. Ako: I’ll second.
Chair DeGracia: Motion on the floor is to approve. Actually, before we do the motion of the
voting do have any discussion. Hearing none, motion on the floor is to approve tentative
subdivision application number S-2022-3. Can we have a roll call vote, vote please.
Ms. Barzilai: Excuse me Clerk Hull.
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Mr. Hull: I apologize I was on mute. Motion is to approve subdivision application, for tentative
approval, S-2022-3. Roll Call. Commissioner Ako.
Mr. Ako: Aye
Mr. Hull: Commissioner Chiba.
Mr. Chiba: Aye
Mr. Hull: Chair DeGracia.
Chair DeGracia: Aye
Mr. Hull: Motion passes, 3:0, Mr. Chair.
Chair DeGracia: Thank you.
Mr. Hull: With that we have no further agenda items for this week.
ADJOURNMENT
Mr. Hull: Ready for adjournment at your discretion, Chair.
Chair DeGracia: Can we get a motion to adjourn.
Mr. Chiba: I move to adjourn the meeting.
Mr. Ako: I’ll second that.
Chair DeGracia: Motion is to adjourn. All those in favor say, Aye? (Unanimous voice vote)
Motion passes 3:0.
Subdivision Committee Chair DeGracia adjourned the meeting at 8:39 a.m.
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Respectfully submitted by:
______________________________
Anela Segreti
Administrative Specialist 1
( ) Approved as circulated (add date of meeting approval).
( ) Approved as amended. See minutes of ___________ meeting
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KAUA‘I PLANNING COMMISSION
SUBDIVISION SESSION
December 14, 2021
DRAFT
The regular meeting of the Planning Commission Subdivision Committee of the County of
Kaua’i was called to order at 8:30 a.m., Microsoft Teleconference. The following
Commissioners were present:
Mr. Francis DeGracia
Mr. Ako
Mr. Chiba
The following staff members were present: Planning Department Director Kaaina Hull-Planning
Deputy Director Jodi Higuchi Sayegusa, Dale Cua, Kenneth Estes, and Planning Commission
Support Clerk Duke Nakamatsu; Office of the County Attorney – Deputy County Attorney Laura
Barzilai; Office of Boards and Commissions – Support Clerk Arleen Kuwamura
Discussion of the meeting, in effect, ensued:
CALL TO ORDER
Subdivision Committee Chair DeGracia: Called the meeting to order at 8:30 a.m.
ROLL CALL
Planning Director Kaaina Hull: Good morning, Chair Francis, it’s 8:30, I think we have
everybody in attendance.
Chair DeGracia: I’d like to call to order the Subdivision Committee meeting for Tuesday,
December 14, 2021, if we could have a roll call, please.
Mr. Hull: Roll call. Commissioner Ako
Mr. Ako: Here and by myself.
Mr. Hull: Commissioner Chiba
Mr. Chiba: Here by myself.
Mr. Hull: Chair DeGracia
Chair DeGracia: Here by myself.
Mr. Hull: You have a quorum Mr. Chair. Three Present.
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APPROVAL OF AGENDA
Mr. Hull: Next would be the Approval the Agenda the Department doesn't have any
recommended changes to the agenda.
Chair DeGracia: Thank you. Is there a motion to approve?
Mr. Chiba: I move to approve the agenda as presented.
Mr. Ako: I’ll Second.
Chair DeGracia: Thank you, the motion on the floor is to approve the agenda as presented. All
in favor say, aye? Aye. (Unanimous voice vote). Any opposed? Hearing None. Motion carried
3:0.
MINUTES of the meetings(s) of the Subdivision Committee
Mr. Hull: Next, we have the Meeting Minutes of July 13, 2021.
Mr. Ako: I move to approve the Meeting Minutes of the July 13, 2021, Kauai Planning
Subdivision Committee Meeting.
Mr. Chiba: I second.
Chair DeGracia: Thank you. Motion on the floor is to a approve the Subdivision Committee
Minutes for July 13,2021. All in Favor of the approval say, aye? Aye (Unanimous voice vote).
Any Opposed? Hearing none. Motion carried 3:0.
RECEIPT OF ITEMS FOR THE RECORD
Mr. Hull: Thank you Chair, we have no additional receipt of items for the record.
HEARINGS AND PUBLIC COMMENT
Mr. Hull: Thank you Chair. The Department did receive three (3) pieces of written testimonies
concerning Subdivision Application No. S-2022-2, which were transmitted to the commission
via supplemental transmittal. Jodi, do you have anybody in the waiting room for public
testimony at this time?
Deputy Planning Director Jodi Higuchi Sayegusa: Yes. I did not disable the hand raise function,
if there anybody in the audience for Subdivision who would like to testify, please raise your hand
and we will let you in to the meeting to testify.
Mr. Hull: So again, as there is a little bit of disturbance. If there is anybody who would like to
speak on any agenda item for the Subdivision Committee, please raise your digital hand which is
a function within Zoom, and we will let you into the meeting two testify. Again, this will be the
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last call for any individual or member of the public that is attending and in the waiting room, that
would like to testify on agenda item on the Subdivision Committee agenda, please raise your
digital hand within the Zoom function and we will let you in to testify. Hearing and seeing none,
Chair, we can move on too…
GENERAL BUSINESS MATTERS (None)
Mr. Hull: We don’t have any General Business Matters.
UNFINISHED BUSINESS
Mr. Hull: We don’t have any Unfinished Business Matters.
NEW BUSINESS (For Action)
Tentative Subdivision Map Approval.
Subdivision Application No. S-2022-2 (Kukui`ula Vistas, LLC.)
Proposed 6-lot Subdivision TMK: (4) 2-6-022:054 Koloa, Kona, Kauai
Mr. Hull: Next, we have Agenda Item I.1, New Business I.1, Tentative Subdivision Map
Approval Subdivision Application No. S-2022-2, the applicant is Kukui`ula Vistas, LLC, it is a
Proposed 6-lot Subdivision TMK: (4) 2-6-022:054 Koloa, Kauai. I’ll turn it over to Kenny
Subdivision Report pertaining to this matter.
Staff Planner Kenneth Estes: Morning Commissioners, I'll summarize the report for the record.
Mr. Estes read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Estes: In evaluating the Applicant’s request, no problems are foreseen in granting the
modification of requirement to allow a deviation of requirement to construct curbs, gutters, and
sidewalks along the roadway and to allow a drainage system (inaudible) in lieu of raised curbs
and gutters. Currently we have received comments from the County Department of Water and
the State Department of Health, and comments are still pending from the Department of Public
works and Engineering.
Chair DeGracia: Thank you, Kenney. Commissioners, do you have any questions for the
Department or the planner?
Mr. Ako: Chair, I got two questions here. One, is just for my clarification, I think for planner
Estes, would be, what is a roadway lot? Is it like a parking lot?
Mr. Estes: It is a road that serves all the residential lots within that subdivision.
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Mr. Ako: It is a road. Is it like a parking lot or just a road?
Mr. Estes: It is just a road.
Mr. Ako: It is just a road, got it.
Mr. Estes: I think where the, on this lot-18, Kukui`ula (inaudible) this subdivision application, I
believe they are proposing to have future parking lot within (inaudible).
Mr. Hull: So, yes, Commissioner Ako, it comes up to the division property owners, is that,
when they subdivided the lots, right, generally you would have different owners, and that
roadway lot, would be a separate parcel in and of itself often, under the authority and jurisdiction
of the respected AOAO.
Mr. Ako: And the second question I have is, by the request of this deviation, to construct berms,
and gutters and sidewalks along the road. Will this affect in anyway the safety of the
community? Or does it encourage any drivers to drive slower in the community? Or is it mostly
for aesthetic purposes, and it’s, okay?
Mr. Estes: This requirement is under the Subdivision Ordinance for complete streets, and I guess
within the ordinance for Kukui`ula. They are required to put in pedestrians’ sidewalks and
public access paths throughout the subdivision, throughout the whole Kukui`ula Master Plan
area. I guess.
Mr. Ako: Okay.
Mr. Hull: Okay, I can go into a little bit more detail, Commissioner Ako. So, the curb, gutters,
and sidewalk requirement, and that requirement has been updated over the past decade. To
reflect not so much a vehicular safety but having the ability to have better interconnection for
pedestrian and bicycle users, multiple users. If you go to some of the subdivisions that have
occurred say 1965 or 1970 to about 2010, you see that they are set up in a meandering cul-de-sac
system that is good in certain aspects as far as ownership and dividing up more lots. But what
we have come to recognize if we look at some of the subdivisions, like Pikake, how a pedestrian
user will walk from their house to say Costco gas station, right? They have to walk all these
meandering roads as opposed to if there were interconnections spaced out a little bit more in a
grid format, it would make it relatively easy for the pedestrian and perhaps desirable for
individuals to not necessarily have to drive all over the place, but to walk or bicycle to the place.
So, that recognition was made about a decade ago, to have a spacing an integral requirement for
multi-model particular sidewalks. They way that Kukui`ula was set up, well before this
Complete Street Ordinance that Kenny was referencing happened in the subdivision code, there
was a desire to have some of these meandering patterns. But in response to that was the need for
better interconnection, Kukui`ula has proposed and similar areas have interspace trails that
connect the various developments and roadway arterial paths to each other to somewhat
accomplish that multi-model interconnection. So, this has been standard within this very large
master skilled project for them to request a deviation. And in so far as they keep on meeting
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their master trail requirements, the Department has kind of been in alinement to say, “okay, you
meet this intended purpose of the previous ordinance.” Does that make sense?
Mr. Ako: Yes. I got it, thank you. Thanks, Kenny. That is all for me, Chair DeGracia.
Chair DeGracia: Thank you, Chair Ako. Do we have any further questions? I have one
question for the Department. About how much, just a rough estimate. The percentage of
development within this area, I’m thinking of looking at the map, but it’s hard for me to kind
fathom. But about how much of the area is developed and how much more is left to be
developed?
Mr. Estes: (Inaudible).
Chair DeGracia: I guess is my question. I guess what I am getting at with all these deviations,
will it affect the water flow eventually with the development of the land, if there is going to be
runoff is my concern from a lot of the properties and damage because of the rain that we have
been having and you know, in the future. With more development of the land and less areas to
soak up the water, is the lack of curbs and gutters, has that been looked at?
Mr. Hull: Well, yes. Sorry, thanks, Chair DeGracia for that. And it is what the second part of
the response to Chair Ako’s that I kind of left out. For the curbs and gutters, unlike the multi-
model interconnection aspect that I was referring too, the curbs and gutters are very hard and fast
drainage requirement, right? The management of storm runoff waters. For that we normally just
refer back to the Engineering Division for their assessment of drainage waste as well as storage
of the water from storm events. So, we kind of just refer to Engineering on this aspect.
Chair DeGracia: Perfect, thank you. At this time could we hear from the applicants or the
applicant’s representative.
Ms. Laurel Loo: Good morning, Commissioners, this is Laurel Loo, attorney for the applicant.
Present is Gary Pinkston who is the principal for the applicant and Dennis Esaki is also in
attendance. So, if you have any engineering questions, Mr. Esaki I’m sure will be glad to answer
those. We are here just to thank Mr. Estes for his work on this project and also, to answer any
questions you may have.
Mr. Dennis Esaki: I have some comments, this is Dennis if I may.
Chair DeGracia: Please.
Mr. Esaki: In answers to some of the question of this lot-18, on three sides of this small lot the
construction has been recently completed and approved by the County and Kukui`ula. And you
only got five residential lots here and the infrastructure has been taken into account when they
did the roadways on three sides of this lot, and the roadway is only about 150 feet. The answer
to the other question. I don’t know the exact amount of lots in Kukui`ula but if five, I don’t
know, out of a thousand or something, I would say it is a significant amount.
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Chair DeGracia: Thank you very much. Commissioners, do you have any questions?
Mr. Ako: None for me.
Mr. Chiba: None for me I don’t have any.
Chair DeGracia: I have no questions. At this time if we could I'll entertain a motion.
Mr. Chiba: I guess I move to grant the request for modification of requirements to allow the
deviation from the requirements to the construct curbs, gutters, and sidewalks along the roadway.
And to allow drainage system (inaudible) drainage swales in lieu of curbs and gutters. I need
help with this motion. Can I do it the other way? I move to grant the request for modification of
requirements for Subdivision Application No. S-2022-2. Mr. Hull?
Mr. Hull: That works, Commissioner Chiba. The last one works.
Mr. Chiba: The second one?
Mr. Hull: Yes.
Mr. Chiba: Okay, let me re-do it again, for clarification. I move to grant the request for
modification of requirements for Subdivision Application No. S-2022-2.
Mr. Ako: I’ll second that.
Chair DeGracia: Thank you. Motion on the floor is to approve Tentative Subdivision Map
Approval for Application No. S-2022-2. Hearing none. Could we have a roll call?
Mr. Hull: Roll call, Chair. Commissioner Ako?
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Chair DeGracia?
Chair DeGracia: Aye.
Mr. Hull: Motion passes 3:0. Mr. Chair.
Subdivision Application No. S-2022-4 (Tower Kauai Lagoons Sub 4, LLC.)
Proposed 25-lot Boundary Adjustment TMK: (4) 3-5-004:400-424 Kalapaki, Lihue, Kauai
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Mr. Hull: Moving on, we are on to I.b, Subdivision Application No. S-2022-4, the applicant is
Tower Kauai Lagoons Sub 4, LLC, it is a Proposed 25-lot Boundary Adjustment TMK: (4) 3-5-004:
and parcels 400-424 Kalapaki, Lihue, Kauai. I’ll turn it over to Kenny again, for the Subdivision
Report pertaining to this matter.
Staff Planner Kenneth Estes: I'll summarize the report for the record.
Mr. Estes read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Estes: Chair, we have received comments from the State Department of Health and
comments are still pending from the County Department of Public Works and Engineering
Division and Department of Water.
Chair DeGracia: Thank you, Kenney. Do you have any questions for the Planning Department?
Mr. Ako: Not for me, Chair.
Mr. Chiba: I don’t have any.
Chair DeGracia: Okay. If there are no questions. Can we hear from the applicant or the
applicant’s representative?
Mr. Gary Siracusa: Good morning, Commissioners. For the record I’m Gary Siracusa, Director
of construction here at Hokuala Resort, representing the applicant Tower Kauai Lagoons, LLC. I
further want to thank the planner on this Kenneth and the Department for their evaluation and
presentation.
Chair DeGracia: Do we have any questions?
Mr. Chiba: None for me.
Mr. Ako: None for me.
Chair DeGracia: If there are no questions, I'll entertain a motion.
Mr. Ako: I move to approve the Subdivision Application No. S-2022-4, proposed 25-lot
Boundary Adjustment, Tower Lagoons Subdivision Kauai, LLC.
Mr. Chiba: I’ll second.
Chair DeGracia: Thank you. Motion on the floor is to approve Subdivision Application No. S-
2022-4. Could we have a roll call vote, please.
Mr. Hull: Roll call, Chair. Commissioner Ako?
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Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Chair DeGracia?
Chair DeGracia: Aye.
Mr. Hull: Motion passes 3:0. Mr. Chair.
Subdivision Application No. S-2022-5 (Morton L. Cohen Family Trust.)
Proposed 2-lot Boundary Adjustment TMK: (4) 4-4-013:034 & 035 Kapaa, Waipouli, Kauai
Mr. Hull: Moving on to the final Item, I have I.c, Subdivision Application No. S-2022-5, Morton
L. Cohen Family Trust, Proposed 2-lot Boundary Adjustment TMK: (4) 4-4-013:034 & 035. It is
located in Kapaa, Waipouli, Kauai. I will turn it over again, to Kenny for the report pertaining to this
mater.
Staff Planner Kenneth Estes: I'll summarize the report for the record.
Mr. Estes read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Estes: Chair, we have received comments from the State Department of Health and
comments are still pending from the County Department of Public Works and Engineering
Division and Department of Water.
Chair DeGracia: Thank you, Kenney. Do you have any questions for the Planning Department?
Mr. Ako: I have none.
Mr. Chiba: None for me.
Chair DeGracia: I have no questions. Can we hear from the applicant or the applicant’s
representative? It doesn’t appear that anyone is here.
Ms. Maren Arismendez-Herrerra: Sorry. My name is Maren Arismendez-Herrerra from Esaki
Surveying, on behalf of the applicants. We would like to respectfully request for your approval.
We do accept the Conditions in the Report and I am willing to answer any questions the
Commissioners may have. Thank you.
Chair DeGracia: Thank you. Commissioners, do we have any questions? representative?
Mr. Ako: None for me.
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Mr. Chiba: One quick one. What are the plans for the requirements for the fences surrounding
the swimming pool?
Ms. Arismendez-Herrerra: The owners will go to the County and get a permit for that next. The
fence is (inaudible) because they do have an existing pool and that is a safety issue to have the
fence there so they will have to get it permitted.
Mr. Chiba: Thank you.
Chair DeGracia: If there are no more questions, could we have a motion, please.
Mr. Chiba: I move to approve Subdivision Application No. S-2022-5, proposed 2-lot Boundary
Adjustment.
Mr. Ako: I’ll second that motion.
Chair DeGracia: Motion on the floor is to approve Subdivision Application No. S-2022-5. If we
could please have a roll call vote.
Mr. Hull: Apologies. My mute was on when calling out commissioner’s names, sorry about
that. Roll call, for motion for Tentative Approval for Subdivision Application No. 2022-5.
Commissioner Ako?
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Chair DeGracia?
Chair DeGracia: Aye.
Mr. Hull: Motion passes 3:0. Mr. Chair.
ADJOURNMENT
Mr. Hull: With that, Mr. Chair and Members of the Committee, we have no further agenda items
for the Subdivision Committee. We are ready to adjourn.
Chair DeGracia: Commissioners, could we have a motion to adjourn?
Mr. Chiba: I move to adjourn the meeting.
Mr. Ako: I Second that.
10
Chair DeGracia: All in Favor signify by saying? Aye (Unanimous voice vote). Motion passes,
meeting is adjourned. Motion carried 3:0.
Subdivision Committee Chair DeGracia adjourned the meeting at 8:57 a.m.
Respectfully submitted by:
_________________________
Arleen Kuwamura,
Commission Support Clerk
( ) Approved as circulated (add date of meeting approval)
( ) Approved as amended. See minutes of __________ meeting.
COUNTY OF KAUA'I
PLANNING DEPARTMENT
TO:Subdivision Committee,Planning Commission
SUBJECT:Extension Request
PURPOSE:^File Final Subdivision Maps
Complete Subdivision Improvements
Other:
Subdivision Application No.Applicant(s)
S-2017-6 Moloa'a Valley Homeowners,LLC.
Location:Moloa'a Jax Map Key:|(4)4-9-011:013
st ^ndExtensionRequestNo.(Is1,2"°,etc.)Tentative Approval Granted On:Previous Ext.Expired On:
4th May 09,2017 May 09,2022
Subdivision Bonded:Yes 1X1No Deadline to Complete Improvements:Not Applicable
APPLICANT'S REASONS:Additional time is being requested to comply with the conditions/requirements
oftentative approval.The Applicant is currently with the various reviewing agencies in resolving the required
infrastructure improvements for the subdivision.
PLANNING DEPARTMENT
EVALUATION &RECOMMENDATION
EVALUATION:Please refer to next page...
RECOMMENDATION:Please refer to next page.
^•S^Oto.2q.2o2Z
^SfdffPlanner Date
['/]Approved and Recommended
to Planning Commission
[JDenied
Comments:
<-/^/Z2_|
Date
V:2017 Mnster Files flegulutory Subdivisions S-2017-6 Exfeniions Exteniion Keport -07,12.20?2 KE S-20)?-6 Moloaa Volley Homeowners.dncx
^.\.^
(.
JUL 12 2022
COUNTY OF KAUA'I
PLANNING DEPARTMENT
Extension requests are primarily processed for the purpose ofcontinuing a tentative approval for
a subdivision application.An extension approval allows an applicant additional time to comply
with the requirements in order to obtain final subdivision approval.
In determining whether additional time should be granted,an evaluation is made ofthe project's
progress as well as compliance with the requirements oftentative approval.The evaluation is
primarily based on determining whether the applicant is progressively working towards
obtaining final subdivision approval with the various reviewing agencies.The tentative
approval conditions are then re-evaluated to determine whether the conditions/requirements are
adequate to address the impacts ofthe proposed development in consideration ofthe time that
haslapsed.
Pending evaluation ofan extension request,one ofthe following can occur:
1.The extension is approved without changes to the tentative approval requirements;
2.The extension is approved with modified time frames but no modifications or
additions to the tentative approval requirements;
3.The extension is approved with modifications and/or additions to the requirements;
and
4.The extension is denied.
FINDINGS/BACKGROUND:
The proposed development involves a six (6)lot subdivision and one (1)roadway lot.This
application was granted tentative approval by the Planning Commission on May 09,2017 and
the Applicant's request is thefourth extension ofthe tentative approval.
The subject property is situated in the Moloa'a area and a section ofthe subject property is
abutting ICuhi'o Highway.The total area involved is approximately 190.09 acres within the
County Open (0)District and within the State Land Use Agricultural District.The surrounding
parcels are County zoned Open District with the exception ofthe parcels to the Southeast that are
within the County Agriculture District.All the surrounding parcels are within the State Land Use
Agricultural District.
Roadway Lot 7 wil]serve as the primary access for majority ofthe lots within the development.
As represented,the applicant has intentions to dedicate the roadway to the County.
S-2017-6;SubExtension(4tli)
Moloa'a Vallcy Homeowners,LLC
07.12.2022
-2-
It is also noted that the subject parcel existed prior to the adoption ofthe Comprehensive Zoning
Ordinance (CZO)in 1972.Therefore,the project is subject to the requirements in Section 8-
9.2(c)(4)(B)which specify that parcels larger than fifty (50)acres but not more than three
hundred (300)acres may be subdivided into ten (10)or fewer parcels,none ofwhich may be
smaller than five (5)acres.In addition,this project is subjected to the "one-time"subdivision
limitation for parcels within the Open District,pursuant to Section 8-8.3(c)ofthe CZO,Kaua'i
County code(1987).
PROGRESS OF THE SUBDIVISIOM:
In considering the extension request,it should be noted that the Applicant has shown some
progress with the development.The Applicant has submitted a current status report as reflected
in their correspondence to the department dated April 27,2022.As represented,the Applicant
has submitted pre-final subdivision maps and already received final subdivision map approval
recommendations from the Department of Water,the County Housing Agency and the State
Department of Health.
The Applicant is currently working on resolving Conditions l.h.and l.j.oftentative approval
relating to roadway improvements on Lot 7.The Applicant is intending to post a bond for
completion and is working with the PIanning Department and the Department ofPubIic Works in
getting the matter resolved.
Based on the foregoing circumstances,the Applicant's reasons arejustifiable and no problems
are foreseen in granting the extension request.The Departments ofPublic Works and Water
have no objections to the request.
Additionally,the Applicant should demonstrate further progress with the subdivision within one
(1)year from the approval ofthis extension request.As such,the Applicant shall be made aware
that in further considering extension requests involving the proposed development,the Applicant
shall continue to submit to the Planning Department an updated status report on the subdivision
with a detailed time chionology on the progress of the tentative approval requirements.The
status report shall be submitted to the Planning Department no later than sixty (60)days prior to
the expiration date in order to allow sufficient time to evaluate whether progress have been made
and conditions satisfied.
RECOMMENDATION:
It is recommended that an extension until MAY 09,2023 be granted to obtain Hnal subdivision
approval.However,the Applicant is made aware that an updated status report on the subdivision
with a detailed time chronology on the progress ofthe tentative approval requirements shall be
submitted to the PIanning Department for review for further extensions requests.The status
report shall be submitted to the PIanning Department no later than sixty (60)days prior to the
expiration date.
S-2017-6;Sub Extension (4tti)
Moloa'a Valley Ilomeowners,LLC.
07.12.2022
-3-
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ESAKI SURVEYING &MAPPING,INC.
1610 HALEUKANA STREET -LIHUE,KAUAI,HAWAII 96766
(808)246.0625 FAX:(808)246-0229
esm@esakimap.Com
May2na,2022
Mr.Ka'aina Hull
DirectorofPlanning
CountyofKauai
4444 Rice Street,Suite A473
Lihue,Hl 96766
RE:S-2017-6,MOLOAA VALLEY HOMEOWNERS,LLC
4TH SUBDIVISION EXTENSION REQUEST
TMK (4)4-9-11:13
KAWAIHAU,KAUA'I,HAWAI'I
The subject subdivision was granted TENTATIVE APPROVAL by the Planning Commission at their
meeting held on May 9,2017.It was also granted an extension until May 9,2022 by the Planning *
Commission at their meeting held on July 13th,2021.
Ouring the extension period that was granted on July 13th,2021,the applicant was able to resolve
the following requirements:
•Appraisal report and price list provided to the Planning Department to forward to the Real
Properties Division to calculate the Park Dedication fee amount.
•Park Dedication fee paid on June 8th,2021.
•Environmental Impact Assessment fee paid on June 8th,2021.
*Map amended to reflect no direct access from Kuhio Highway,as recommended by DOT
(per email communication dated April 19th,2021).
•Workforce Housing agreement executed and recorded with Bureau of Conveyances.
•Draft CC&Rs complete.
•Traffic Impact Analysis was completed on May 6th,2019.The report was sent to County
and to State DOT.
*Ag master plan was sent to County on May 2019.
•Draft Subdivision Agreement sent to County on June 30th,2021.
Previously resolved conditlons include:
•Taxes,fines and encumbrances have been paid and are current,Title reports have been
received.
•Ag master plan has been completed.
•Ag subdivision agreement has been drafted.
•Drainage study has been completed.
•Traffic Impact Analysis by Austin Tsutsumi and Associates,Inc.is complete.
The applicant continues to work on the extensive tist of conditions,including:
•Review draft deeds and CC&Rs.
•County provided applicant new draft of the Subdivision Agreement which requires
bonding,new agreement has not been completed or returned since it requires bonding
information that is not yet available.
•Construction plans for the road are being prepared and will be submitted to the
Department of Public Works for review and approval.Design changes might be necessary
to address the driveway length issue.
i^^?..\^N'S
The applicant requires more time to complete all ofthe conditions.We respectfully request an
extension in time of two year to file the Final Subdivision Map.Two years are being requested to
allow for approval of construction plans and to post a surety bond for completion.
Thank you for your consideration,
Very truly yours,
Dennis M.Esaki
cc:Carl Wright,Mark Freeman
COUNTY OF KAUA-I
PLANN1NG DEPARTMENT
TO:Subdivision Committee,Planning Commission
SUBJECT:Extension Request
PURPOSE:^File Final Subdivision Maps
Complete Subdivision Improvements
Other:
^ubdivision Application No.Applicant(s)
S-2019-3 McBryde Sugar Co.,LLC./Sunset Strip Properties,LLC.
Location:Kalaheo Tax Map Key:|(4)2-4-016:001 -019
ndExtensionRequestNo.(Ist,2na,etc.)Tentative Approval Granted On:Previous Ext.Expired On:
2nd November 18,2018 November 18,2021
Subdivision Bonded:Yes I ^1 No Deadline to Complete Improvements:Not Applicable
APPLICANT'S REASONS:Additional time is being requested to comply with the conditions/requirements
oftentative approval.The Applicant is currently with the various reviewing agencies in resolving the required
infrastructure improvements for the subdivision.
PLANNING DEPARTMENT
EVALUATION &RECOMMENDATION
EVALUATION:PIease refer to next page...
RECOMMENDATION:Please refer to next page.
^ffnanner
0^.?>0.2o2Z-
Date
[^]Approved and Recommended
to PIanning Commission
[JDenied
Comments:
•Digitally signed by Jodi Higuchi
IID^2022063019:11:32-10'00'
Planning Director Date
V:2019MastefFiles Regulnrory Subdivisions S.20)9-3.Extensions,!lepofl-2 ?.14.22 S-2019-3Mc8ryde-SunsetStrip Prapefties_Ext(2).doc)(T.l.l^.C
JUL12
COUNTY OF KAUA'I
PLANNING DEPARTMENT
Extension requests are primarily processed for the purpose ofcontinuing a tentative approval for
a subdivision application.An extension approval allows an applicant additional time to comply
with the requirements in orderto obtain final subdivision approval.
In determining whether additional time should be granted,an evaluation is made ofthe project s
progress as well as compliance with the requirements oftentative approval.The evaluation is
primarily based on determining whether the applicant is progressively working towards
obtaining final subdivision approval with the various reviewing agencies.The tentative
approval conditions are then re-evaluated to determine whether the conditions/requirements are
adequate to address the impacts ofthe proposed development in consideration ofthe time that
has lapsed.
Pending evaluation ofan extension request,one ofthe following can occur:
1.The extension is approved without changes to the tentative approval requirements;
2.The extension is approved with modified time frames but no modifications or
additions to the tentative approval requirements;
3.The extension is approved with modifications and/or additions to the requirements;
and
4.The extension is denied.
FlNDINGS/BACiCGROUND:
The proposed subdivision consolidates nineteen (19)lots ofthe Brydeswood Phase II
Subdivision and resubdivides into two (2)lots within the Agriculture (A)/0pen (0)zoning
districts.This application was granted tentative approval by the Planning Commission on
November 18,2018 and the Applicant's request is the seconrf extension ofthe tentative approval.
In further evaluating the proposal,the subject property was originally reviewed through
Subdivision Application No.S-1993-50 (Brydeswood Phase II Subdivision)that received final
subdivision approval on February 8,2011,and established fourteen (14)lots and five (5)
roadway lots.Since that time,the former landowners,McBryde Sugar Company,LLC.,did not
develop the required infrastructure improvements and have sold the properties to Sunset Strip
Properties,LLC.Currently,the new landowners do not intend to develop the properties but
rather have the properties as a whole.
S-2019-3;Sub tfxtension (2nd)
McBRYDE SUGAR CO./SUNSE'I'STRIP PROPBRTIFS
0712.2022
.7-
The subject property is situated on the western side ofKalaheo Town and along the mauka side
ofKaumuali'i Highway directly abutting OIu Pua Gardens along its eastern boundary.It is also
situated directly across Brydeswood Subdivision.The total area involved is approximately
198.844 acres and the surrounding parcels are undeveloped fallow agriculture lands.
PROGRESS OF THE SUBDIVISION:
In considering the extension request,it should be noted that the Applicant has made progress
with the development and has already submitted Final Subdivision maps for agency review.To
date,the subdivision has received final approval recommendations from the COK Department of
Public Works -Engineering Division and the State Department ofHealth.The Applicant has
represented that they have satisfied the requirements ofthe State Department ofTransportation;
however,the department is still awaiting their final approval recommendations.
Currently,the Applicant is diligently working to resolve the various requirements ofthe COK
Department ofWater and have requested an extension ot time to actively pursue completion of
the subdivision project.
Based on the foregoing circumstances,the Applicant's reasons arejustifiable and no problems
are foreseen in granting the extension request.The Departments ofPublic Works and Water
have no objections to the request.
Additionally,the Applicant should demonstrate further progress with the subdivision within one
(1)year from the approval ofthis extension request.As such,the Applicant shall be made aware
that in further considering extension requests involving the proposed development,the Applicant
shall continue to submit to the PIanning Department an updated status report on the subdivision
with a detailed time chronology on the progress ofthe tentative approval requirements.The
status report shall be submitted to the Planning Department no later than sixty (60)days prior to
the expiration date in order to allow sufficient time to evaluate whether progress have been made
and conditions satisfied.
RECOMMENDATION:
It is recommended that an extension until NOVEMBER 18,2022 be granted to obtain final
subdivision approval.However,the Applicant is made aware that an updated status report on the
subdivision with a detailed time chronology on the progress ofthe tentative approval
requirements shall be submitted to the Planning Department for review for further extensions
requests.The status report shall be submitted to the Planning Department no later than sixty (60)
days prior to the expiration date.
S-2019-3;Sub Extension (2nd)
McBRYDE SUGAR CO/SUNSET STRIP PROPERTIHS
07J22022
-3-
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KODANI &ASSOCIATES ENGINEERS,'tyL%L-r',,,...'•'~1 S'2 .'40
December 1,2021 PLANNING DEP7
Mr.Ka'aina Hull,Director
Planning Department
CountyofKaua'i
4444 Rice Street,Suite 473
LThu'e,HI 96766
Dear Mr.Hull:
RE:CONSOLIDATION OF BRYDESWOOD SUBDIVISION,PHASE II (S-2019-3)
TMK:(4)2-4-016:001 to 019
Kalaheo,Kaua'i,Hawai'i
KOO-097D
We respectfully request for an extension of time for the subject subdivision action.Our client,
Alexander &Baldwin,continues to actively pursue completion ofthe subdivision project.We
have been working closely with govemmental agencies to resolve their respective concerns and
significant progress has been made since the previous subdivision extension request was granted.
Please find Attachment #1 which is a copy ofthe Planning Commission s "Tentative Approval"
letter dated November 20,2018.We have annotated this TA letter with the current status of
actions taken to address the listed agency conditions for subdivision approval.Attachments #2 -
#5 contain correspondence from the respective govemment agencies.
It is our understanding that we have satisfied the requirements of the Department of Public
Works,the State Department of Health and the State Department of Transportation,We are
actively working to satisfy the remaining requirements ofthe Planning Department and the
Department of Water.
Once again,we respectfully request for an extension oftime for the subject subdivision and I
thank you for your consideration ofthis request.Should you have any questions,please feel free
to contact our office.
Very tnily yours,
cU.^4^
Eddy,PE
President
cc:Mr.Scott Morita,Alexander &Baldwin (ecopy)
3126 AKAHI STREET,LlHU'E,KAUA*1.HAWAI'1 96766
EMAIL:KODAN[@KODAN[.COM PH:808.245.9591
r-r
Donna Apisa
I'h.iir
Glcnda Nogami Strcut'ert
Vii.'L'-C'iiair
Kanoc Ahuna
Elesthrr C alipjo
Roy Ho
Kinio M.Keawe
Sean Mahonev
Mcmbcrs
Clvde Kodani
Suiiset Strip Properties.LLC'
3126 Akahi St.
Lihue.Hawai'i 96766
Michacl A.Dahilig
(.'lcrlv iillliL'(.'oiiitnis^ion
1'LANNING COMM1SSION
Countv'of Kaua'i,State of Hawai'i
4444 Ricc Slrecl
Kapulc l^uilditiy.Siiite A-473
IJhu'f.ll.iivai'i %7h6-l}2h
TEI.(808)241-4(151)FAX (808)241-6AW
RECEIVED
NOV 2 6 20)8
NOV20 201B
12/1/2021
Annotations with status updates.
Kodani &Associates Engineers,LLC
Subject:Consolidation ot Brydeswood Subdivision.Phase II Lots 1 to 13 Inclusive.I.ots
15 lo 19 Inclusive,and Remainder ot'Parcel 2,Being porlions ol'Royal Patent
7813 to M.Kekuananoa.lancl Commission Avvartl 7714-B Apana 6 to Mose
Kekuaiwa.and the Resubdivision olthe said consolidalion into Lot 2-A and Lot
3-A and cancellation ot Easement Dl Attecting Lot4,Lot 5.and Lot 9 Easement
D2 Al't'ecting Lot 3,Easement D3 Affecting Lot 1,Lot 2.and Lot 3.Easement D4
At'tecting l.ot 12.F.asement D5 AITecting Lol 12,Easement D6 At'fcctiny l.ot 6
and Lot 7.Easement El Aftecting Lot 12.Easement E2 Affecting Lot I.
basemeiit E3 Attecting Lot 4,Easement E4 Aftectiiig Lot 10.Easement E5
Atfecting Lol 12.Irrigation Easement 1 Atfecting Lot 10,Easemcnt W2
Af'tectiny Lot 15 and Desiynation ot'Easement "A"and also Redel'ine Easements"14"."16 ."17 ,"T2","T4".Portions ot Easement "6"ancl "8"at Wahiavva.
Koloa.Kauai.Hawaii (S-2019-3 SUNSET STRIP PROPERTIES,LLC)
Subject subdivision was granted TENTATIVE APPROVTlfGT'the Plannini;Commission at
their meeting hcld on November 13.2018.Final approval will be granted subject to the
tollowini;condilions:
1.As recommended by the Planning Department:
a.An updated preliminaiy title report for each existing lot shall be siibinittci-1 lo the
I'lanning Department tbr revievv.An updated report will be submitted before request for
final subdivision approval.
b.All existing and proposed easemcnts.ifany.shall be identit'ied in tlie decd
descriplions ot the allecled lots,dratl copics ot vvhich shall be submitted to ihe
Planning Department for revievv and approval.Deed descriptions will be drafted before
request for flnal subdivision approval.
r.I'lirsuanl to Section 9-3.8(b)ot thc Subdi^'i.sion Orilinancc.Kaiia'i Countv C'ode
(1987).the Applicant shall submit to ihe Planning Departmcnt an clectronic recnrcl
.lii Eiiiiiil Opi'iorliinily Eiiii'iliiyi'r
V ."!dl1^Mustcr 1-ilrs |<L-yiikiti>r\StihiliMsioii S-2(l|L/-.l lciil \ppr ICIELT S^iii'M (_11 KI ^MK.tlacs Attachment#1
r r
Sunset Strip Properties.LLC
Page 2 of 4
(digitized format)ofthe final subdivision map(s)011 clisk tbr recorcl keeping
purposes prior to final subdivision approval.A dlgitized map will be provided before
request for flnal subdivision approval.
The siitxlivider is made aware thal there shall be no direct access on Kaumiialii
llighvvay tor those lots that liave ti'ontage along the State Highway rigln ot'way.
This provision shall be incoiporated as a restrictive covenant for tlie siibject lots.
dratt copies ot'which shall be submitted to the Planning Department for review and
approval.Understood
Semi-Circles denoting no direct access peimitted shall be shown on the final
subdivision map.Semi-circles denoting no direct access are contained on the
previously submitted subdivision map.
e.
3.
4.
The applicant is advised that uses on the newly-created lots shall be limitecl to
those listed as permissible uses within the "A"Agricultiiral Districl in the State
Land Use Commission Rules and Regulations.Dvvellings on the lot shall mean a
single-family dvvelling located on and used in connection with a t'arm vvhere
agriculture activity provides income to the t'amily occupying the dwelling.Thesc
restrictions shall be includecl in the covenants tbr the proposed lots.draft copies
qfvvhich shall be submitted to the Planning Department tbrreview and approval.
Understood.Draft copies ofthe subdivision covenants will be submitted prior to
requesting final subdlvision approval.
Requirements ofthe Departmenl ol'Public Works (DPW):
DPW has recommended subdivision approval,see Attachment #2
a.There are natural drain ways that traverse through the property.Provisions
neecls to be established to prevent structures trom being buill in flood prone
areiis and to preserve the natural lunclion and capacity ot the vvater course.
This drainage issue has been resolved wlth the Department of Public Works.
Requirements ot'the Department ot'Water(DOW):
a.The Subdivider shall comply with all requiremenls ol'the Department ot'Water.if
any,prior to final subdivision approval.
DOW has provided a revised subdivision report,see Attachment #3.
Requirements for State Departmciit ofllealth:
DOH has indicated that they have no objections with approval of subdivislon,see Attachment #4.
a.Parcel 4 has structiire/otfices and wastewater disposal systems that are not shown
on the subdivision map.Wastewater Branch vvill not recommend approval ot'the
siibdivision application iiiuil vve have inforniation on existing wastevvater systems.
The applicant must have his/her engineer or contractor submit a completed
existing cesspool information card tor each cesspool.idenlilying the location ot
all vvastewater systems with associated structures and their relationships to
existing and proposed property lines.
Thls issue has been resolved with the Department of Health.
The property may liarbor rodents whicli will disperse to the siin'oiinding arcas
vvhen the site is cleared.In accordance vvilh Tille 1 1.Hawaii Administrative Rules
(HAR).Chapter 11-26."Vector C'ontrol".the applicant shall ascertaiii the
presence or absence or rodenls on thc property.Slioulcl tlie presence ol rodents be
dctcrmined.the applicant shall eratlicate thc rodents prior to clearing the site.
Will comply,however,no clearing of site is anticipated with this subdivislon action.
An Eqiial Opportunity Employer
V:-.201'>M;isiLT!tk-,i<;eyi.il;ilnr*,Siihdi\isii)nS-;<))^-."t IL-III \ppr lcllcr S-2Dll)-3 (-H_i'l2^|S,tloc\
b.
Attachment #1
r
Sunsel Strip Properlies,LLC
PaKe 3 of-<
r
c.Noise vvill be Kenerated when coiistriictioii occurs on after the siibdivision.The
applicable maximum permissible saund levels as stated in Titlc 1 1.llavvaii
Administrative Rules (HAR).Chapter 1 1-46."C'ominunity Noise Control".shall
no(be exceedctl.unless a noise permil is oblained trom tlic State Department ot
llealth(DOH).
Will comply,however,no construction is anticlpated with thfs subdlvision action.
cl.Temporary lugitive dust einissions diiring site preparation and construction caiild
iinpact tlie nearbv residtfiits ivhen tlie subdivided lots are developett.Iii
accordance vvith C'hapter 11-60.1.entitled "Air Pollution Control".Title 1 I.HAR.
eftective air pollution control measiires sliall be providecl lo miiiiiiiize or prevent
any tugitive dust emission trom impacting the stin'oiinding areas.This includes
btit are not limited to tlie use ot ivater wagons.sprinklcr systcms.diist fences.etc.
Wlll comply,however,no construction Is anticipated with this subdivision actlon.
c.In accordance vvilh Tille 11.HAR.Chaptcr 1 1-58.1."Solid Waste Management
Control",the grubbed material and conslruction waste tliat will be generated by
the project shall be disposed ot'at a solid vvaste disposal tacility that complies with
the DOII.The apening burnini;ot any ofthese ivastes on or on'site is proliibited.
Will comply,however,no constructlon is anticlpated wlth this subdivision action.
5.Reqiiirements for the State Department ot'Transportation (DOT):
DOT has approved constructlon plans for subdivision water meters,see Attachment #5.
a.Builcting shall be set back trom Future Roacl Wiclening Reserves.
Will comply,however,no building is anticlpated with thts subdivislon action.
6.The Applicant is advised the should any archaeological or historical resources be
discoverecl cliiring grouiid distiirbiiig/constniction work.all work in the area ol'tlie
archaeoloyical/historical Imdings shall immcdiately cease and the applicant shall
contact tlie State Depanment ot'l.and and Naliiral Resources.Historic Preservation
Divisioii ancl ihe Planning Departinent to determine mitigalion measiires.
Will comply,however,no constructlon is anticipated with this subdivision action.
7.The Applicant is advised that prior to and/or diiriiig constniction and use additional
coiiditions may be imposed by government agencies.Slioiild tliis occiir.the applicant
shull resolve these conditions with the respectivc agencylies).
Will comply,however,no construction is antlcipated with thls subdivlslon action.
You are hereby informed that tlie Itnal siibtlivision map miist be filed within one (1)year atter
ihe tenlalive approval date in order to obtain linal approval.Ifnot tiled.tlie preliminary
subdivision map and conslruction plan.ifany.shall become null and \oid unless an extension nf
time.not to exceed six (6)monlhs.is granled by the Planiiing C'ominission.
Sincerely Yours.
C'lerk ol the C'ominission
An Fqiial Opporliinil)F.niplo\cr
V 2lll^M^islcr l-'ilcs Rcyiil;il(ir\SitlHtiM-'ini s-^fll^-.'i lcnl \|ipr lcllL-r S-:(i1l>-3 L I!li!22 l.S tli».\
Attachment #1
Siinsel Strip Propertics.LLC'
Page 4ot'4
xc:COK Public Works Dept.
COK Water Dept.
State Dept.Health
State Uept.1 lighvvays
An Eqiial Opportunity Hmployer
V:2llll)Maslfrl'ilus'Kri'uliltiu'\Subilivisii>n.S-2llll>-.lli;nlApprli;llcr.S-11]|"-.it'B 11122 ISihics
Attachment#1
COUNTY OF KAUA'I
DEPARTMENT OF PUBLIC WORKS
TO;PLANNING DIRJECTOR S-2019-03
VIA:COUNTYENGINEER
FROM:ENGINEERING DIVISION
DATE;August30,2019
SUBDFVISIONNO.
OWNER:McBryde Sugar Company and Sunset Strip
Properties LLC
REGISTERED PROPESSIONAL LAND
SURVEYOR:ThomasOi,PLS
TAX MAP KEY:2-4-007:002 and 020
RE:Consolidation ofBiydeswood Subdivision,Phase H Lots PRELIMINARY MAP
1 to 13 inclusive,Lots 15 to 19 Inclusive,and Remainder CONSTRUCTION PLANS (TITLE SHEET)
ofParcel 2,and the Re-subdivision ofSaid Consolidation CONSTRUCTION INSPECTION FEE
into Lot 2-A and Lot 3-A and Cancellation and
Designation ofEasements at Wahiawa,Koloa,Kaua'i,
Hawai'i
AGREEMENT &BOND
COMPLET(ON OF IMPROVEMENT
PRE-FINAL MAP
DEDICATION
x
PW 08.19.035
COMMENTS:
1.FORM &CONTENT OF MAP &SUPPLEMENTAL DOCUMENTS :
2.SEWER:
3.PARK:
4.DRAJNAGE:
5,ROAD:
6.OTHERS:We have no comments.Recommend proceeding to Final Map.
a.Transmitted herewith for you'review &approval is the approved conshuction plan Title
Sheets for:
b.Engineer Estimate for Constmction ofRoads,Drainage and Sewer is estimated at
c.Request Developer to deposit with Public Works Department a Construction Inspection
Feeof
d.As-built tracings have (not)been received
e.Deed is approved
f.Attached Deed requires revision(s)as follows
Sincerely:Concur:
^ICHAELMOULE.P.E.
Chief,Engineering Division
LMLETABATA
Dg{)uty County Engineer
SI/MM
copy:S-2019-03
Attachment#2
ROUTINGFORM
ENGINEERING DIVISION
Subject:
'3-2.01''-O'a \S>z.1Besu-iooo Pp.et=i-~i"-i-.
Preparer:1—1Staff x Section Head Division Chief
Recommend:l^SJ Approval 1—1Disapproval I—1With Conditions
Commen.ts:
HE-riO Oi^L'7.
^(Use additional Sheet ifNecessary)
/2.0\1
-(Init)(.
Sect.Head's Review 1_1 Concur 1—1Do not Concur_(Init)
Comments or reason for non-concurrence:
(Date)
(Date)
Division Chiefs Review:
_(Init)_CDate)Recommended Approval w/Conditions
DPW-BNGR FORM 2004-7
RevFeb6,2015
Atfachment #2
COUNTY OF KAUA'I
PLANNING DEPARTMENT
Kapule Building
4444 Rice Street,Suite A473
LThu'e,Hawai'i 96766-1326
MEMORANDUM
RECEIVED
JAN 13 ?0?0
FROIVI
SUBJ^CT:
January 9,2020
Clyde Kodani
Kodani &Associate Enqineers,LLC
Chance Bukoski'
Planner
REVISION OF SUBDIVISION CONDlTfOlT"
Subdivision No.S-2019-3
Applicant(s):Sunset Strip Properties,LLC
TaxMapKey:(4)4-2-016:001 -013,015 &016
12/1/2021
Annotations with status updates.
Kodani &Associates Engineers,LLC
Atta^hed,please find a copy ofthe Water Department's reqiiirements forfinal subdivision
appr(>val_The followjng shall supersede Condition 2.of the November 1 3,2018 tentative approval
lettei FRC payment of $14,115 for Lot 3-A has been paid to DOW.
FRC payment for Lot 2-A
"2.Requirements of the Department of Water (DOW):
a.Pay the Department of Water the following charges in effect at the time of receipt.
At the present time,these charges include:
1)The Facilities Reserve Charge (FRC):2 Lots @ $14,115 per Lot =
£28,230.00*5/8-inch water meter
2)Payment to install one service connection at the fixed cost $2,850 for newly
created Lot 3-A.If the subdivider caused a delay in the service connection
after one year since final map approval,the subdivider shall be charged the
increase in fixed cost,if any.Payment of $2,850 for Installation of one service
connection for Lot 3-A has been made to DOW.
Prepare and receive Department of Water's approval of construction drawings for
the necessary water system facilities and either construct said facilities or post a
performance bond for construction.
1)A water main extension,if applicable.The size and the length of the water
main extension will be dependent on the additional information provided.
Additional information shall include but limited to the required domestic and
fire flow demands of the proposed project,the project location of the water
meter requested,and the elevation of said location.
FRC payment of $14,115 for Lot 3-A has been paid to DOW.
FRC payment for Lot 2-A is not allowed by DOW at thls time since the service connection shall be made
by a contractor and not DOW.A&B will make payment after service connection is complete.
Attachment #3
<
Siinset Strip Properties.LLC'
June4.2019
Pa.iie 2
Construction plans were approved by DOW in 2019 and have been
resubmitted to DOW for recertiflcatlon.
2)The domestic service connections ffor newly created Lot 2-A).
3)The fire service connection,if applicable.
4)The interior plumbing with the appropriate backflow prevention device.
c.Prepare and convey to the DOW a Right-of-Entry and temporary Grant of
Easement for the purpose of construction,repair maintenance and operation of
the subdivision water system improvements installed in other than County-owned
property,if applicable.Not Applicable
d.If a bond is filed,to secure final subdivision approval,the subdivider shall clearly
letter the following on the approved construction plans,final subdivision map,and
deeds:Will comply If bond is filed.
"Domestic water service is not available until the construction improvements for this
subdivision are completed and accepted by the Department ofWater,County of
Kaua'i."
This deed restriction shall be recorded with the Bureau of Conveyances within
ninety (90)days of final subdivision approval by the Planning Department.
Submit an updated Kukui'ula Water demand and system capacity Tracking Matrix.
OTHER
e.Sign and execute an Elevation Agreement with the DOW.Will comply
f.Agree to discontinue the use of the private water system for domestic consumption.
The applicant shall notify the Department in writing of their intention to discontinue
the private water system.will comply
g.The applicant is made aware that the subdivision is subj'ect to a Private Water
System Waiver Release and Indemnity Agreement.The applicant must complete a
draft and execute an agreement to terminate the Private Water System Waiver
Release and Indemnity Agreement,for the DOW and the County Attorney's review
and approval.Will comply
h.If a larger water service is necessary,submit a formal request for water service for
our review and approval.Include detailed water demand calculations along with the
proposed water meter size.A larger water servlce Is not antlcipated.
Should you have any questions regarding this matter,please contact me at 808.241.4050,
Enclosure
cc:Dep(.of Water (w/out encl.)
V .'Dl';M.isti.T 1 iles l<L-i;tii:i!i>i\,Sii!Ht!\isii>ii.-<S-2il|lf-3 .\JJilioii,il t.ufiiiiii.'tii-,DI )\\(.riiditiiiiis I ''lt)S-.:"!1'-Attachment #3
-^•.•I ^[..?0^f»;!(1 •i'3dJ U.;.WrtlLK ^r '^ai/ai
Di-jurnfc-
Wft^i-kMW ssi^,itliuh.,,....Cw3«^viii
43(18 ['UAI.OKIiSlREET
I-UIU'C,ItAUA'l.1{AWA!'I 96766
PMDNI;:(Bfl'l)24.5-541)0 /FAX:(3118)245.5613
SUBD1VISIONREPORT •
TO;fJ.ANKlNG IitpAAIi'MENT
FBUM;lli PA.RTBlir.NT CIF Vt'ATER
:l','>l)l-i;,'itW!Enig<{"l'n<?t(ljfs;^J.'IlEVI^ED:'
•.'fti(;.,|-ir:~>f;^hargfii iitciiidr:
l.1 Tli«Fi;.;!iiticsResetVi;Chjrg«(F.RC):;>.:
'Iots@!$i4,ll'!>perlat -S 28,230 .1 •:-!i;i
'*5^'inch water nWf't'')"a^oit.iit ro J3I3tt!]opf y-wvwQ cuniicction at tlis fixedcost of $2,850 t'or iiewlypretit$kl Lot 3-4 ^the
•i'.t!>diyi{l •.•wis'-td a d^lay 'n ib^service i^titiection afier one year siiioe ftnal m^p approval,thp
^it't<:lhiriCT ^.al^h^c"?)^£.(lthqincrHa3cijnfixedcost,if?stny.
Sl.'t >"t i)i-h?PO''A .iyop,'.'ofilicsubdivi'ie'-'sptimiiittoparlbrmwurk upon fLState^igliv.'&yfromthe St&ie
,Hi£i'l"'e'.'s E'ivi^ic'''.,:
i''iVfit;r'2 ;yrJr3cw:^.'30W's;.'ippntv&lojrcyft)tfuciiQtidrawingsfor the ueoessBiy water syst^in fafillitiaa and
.l;tf--.-]rc ;jc.l.urct Sfi J facilf je;:or po&t a perfciinyKfi botid foi comtruetioil-Ttiace f^cilitios slinll af*o includs:
'.I A watefinain e-itcnston;ti'App'icaHs.'Itieswe atidtfce lengthufthewiiter'tiainfixt-ensiunwiHW
^fe-.sriiisufc ot.':!w a<f(?;tio]tia?iinformatioTi provide-d.Additiona)iiitbnnalion sbatl inctudi;but ti^ijted to
tllfc .'equiced Uum^sti^and fu-e flcw dennnds ufth'e proposed project(the propo^i^d location of;ttie wati?r
iUt-ter tsq»£:sfed,fiHrf Ae fi^^'atiun vfsa.;d,]ocarion,•.-.^,.;,
21 t'b'-.^mi:^'•^•''yt'viwwwwe^ifs'i (foniewty cresle-ff toi^-A/'.'t ••\'''''
:)si^t'^c6 wrVii"(;or.t.^:Eic-ilitfappl>Ciible.':..!:'
•1J TS-..i.->'ii-'x'r .-n'wibin,';wilh tne fti)p.'optisto backflow pevention d^vtce -'::
i'^''--•fi JI-1 rnOTr.y L-Othi'00"!'BKigh<-of-I-'.3tryajn'lTe)iip^raiyGrantofE*sementforftiRpuqpn&3 urf
-•^••...^i,u •(K-f^repa:?.niain^yfivcti,attjOt^rsiionoflhe sub':)ii;isioiiv/-<iter5yK^j'ii ijilprovey'.ents in?t'illed ii
•.l-.i.'.'*•;"i ..'(Kuil>owneJ prt'-ptrty,ii':ipplkAbie.y
1(''^r-ii..^ti?d^o •K^Ji'linu}subdivi'iion •ipprovm,tb3si.ibdiyidsr5hiiU cl.tartyletterthefollowirg ynthi.-
•.»->^-•••''.!ccr.t;nxii,iv.n plE'is,fina!subdi'r'uiou m?.p,sild deed^:
'0;.if.y^i<Mtmer'*e;'vics'-viltno^e>ivaiIabl£uotit thercqyirod cofiyh'uction iniprovemetits tiwthfs••i,b iivi.s;oii aiw w-niplftttd snd acceptod by i^tl Departmcnf ot'Water,Cou»ty ofKaua'i/'
n;ii >^pd F.r.?irlct'';"j shaii !>e rworded wjtiti u-ie Buraau ofCunveyatices wiliii^mw^'(90)days <?}^iiat
^i^li.'--I'iO.-L B.tip).'o-/A[by tb':Pl.iftG,ii)g DfparUtieat.,^j
'.I.()1
TMk:J'±.lu;J'i.'i^._.NAMB:iA,Bi»i(l»6uij«a«sl(>__sut'.'t.YOB;_A?'?""_'.SuBDlvISIoyBj'.PflItT ^»flWNfr
l.i'tf.'iiT.i..*''.;i'ii-.f>r;l }•:'i-^.j'.raiiti^dffd.l.'r
if;'-,•-•;1:1 «.^lv'sb!;-~-n hi!,^'r)iiia)i<i;,tli^reftj^,Fi(ia!appravul isrccummiitldetl.<;
Ik'.^i''•'';'i1 ^i^r'jvai C;UL be re..'..j'itt)icnd^d;tlie subdividet must;
;\.v'.iy i;ii l^i,t.ti,-un&;it ofWtiSer (.OOW)ih^tbliowing charges w eff&ct at the tisiie ofreceipt.At the pi-isent
a
a
a
8
a
El
B
K!
[)].'3'.!!.r;...u.rl;'si-:'<.'i<;?t •.uj'.wti.'nswill nut b?reqatred uiitilrequ^tfor wattifset'viceismacfe,Ths app't|^Ant for ]—
;f .•ir.-1.'.'i";'•qi.'hargec1 tl^.tppJ^abieservicecoiinisctionohargeiatfhattlme.'•'
•i to'\-r;at\tY.»."i ''[SI
3i^^'^'•..'•-cutertn B!eviTioD Ag^nmsntwrAthsfDOW.
\y.^t'-(I'.ic-Gfttir-.-"the r'ie ofthe privste wrt»rsystem foi (.loine-stici wnsuniption.'-ITi?applicant ^.hall••(;r.fi;/t;:i Uapai'tn1---<t U(v riting ofthRu-intetttion to discotttmug the privato \yater syiiiein.','
1'iif;.ii.piiuptrt is itrA'le av/^'e thav'tf •iu^tiivi&ton is subject ty a Private Water Systeffl Waivsr .Reli^-i.t and
r!i<;';i'-!.ti:Ly Agreerasnt,'ni8applicamaristcoitipif°teadrtift..-i&(te&Guuie aii iigreement t<?^nniualii the
•^:.,it'^<Vt^yr Systeio ^'a.'/&r Release &ni:l bidenmity Agreenitiht)fb*'tbfc POW aiidth^Coynty Aiturasy's
•.r;:;v,iiic ••ipprovai..
'.ii '.-<.i^;.r '^gter il-l:-.ic-i h-^\we^&ry\suhmi1 -•i fominl rsqu^si-for water servic?for our revisw and approvA],
l:^.j't '3 .•<.ui7tlcd \v.;•jrd^f.^nrli.'ftIculR.tintisaton^withttiieproposed vvate-rmeteriize.
>^t<S.-.4 »tl-i
/i'h,<n!C-.:..f'.ii.
<-ii!'t-c.'t v-.;i,;i;•^••w-s'vw&'n&u)i'^
t'.f'w'.'i
•'.7''1/.3 -'t^'./i ....t..S.)S."f,?lS;>..^p'MA.'i''to
.2/ld*^i
Da.to
I.V.VISEU S-2019-3
SL'BDp,'1?:WRE?ORT'
Attachmenf#3
April 20,2020
Mr.Ka'aina Hull,Director
County of Kauai
Planning Department
4444 Rice Street,Suite A473
Lihue,Hl 96766
Dear Mr.Hull
SUBJECT:PRE-FINAL Subdivision Map Review and Approval
Subdivision No.:S-2019-3
Applicant:McBryde Sugar Company LLC &Sunset Properties
We have received the necessary information addressing the Departments'
concerns and have no further objections to the subdivision project.The
Department has no objections with final approval of this subdivision application.
Should you have any questions,please call me at 241-3323.
Sincerely,
Patrick Peck,Chief
District Environmental hlealth Program Kaua'i
Attachment #4
r
DAVID Y IGE
GOVERNOR
r
JADE T BUTAY
DIRECTOR
Deputy Difedors
LYNN A.S.ARAKI-RGGAN
OEREKJ.CHOW
R03S M HiGASHI
EDWINH.SNIFFEN
INREPLYREFERTO-
HWY-K.4.190141
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
HIGHWAYS DIVISION
KAUAI DISTRICT
1720 HALEUKANA STREET
u4uii..HAW4i^%6elulyy,
Mr.Clyde Kodani,President
Kodani and Associates Engineers,LLC
3126Akahi Street
Lihue,Hawaii 96766
Dear Mr.Kodani:
Subject:Installation Plans for Two (2)Water Service Laterals aiid Onellydrant
Brydeswood Subdivision Phase II,S-2019-3
Kalaheo,Kauai,Hawaii TMK:(4)2-4-16:001-031
Enclosed is the signed tracing (Title Sheet)for the project,along with the other tracing sheets not
requiring District Engineer signature.
No construction within tlie State Highway right-of-way shall commence until an application for a
"Permit to Perform Work Upon Stale Highways"has been completed,and pennit issued to the
owner,and/or,its contractor.
Requirements for the permit are:
1.Complete permit application torm;
2.Submit four (4)complete sets of'fully approved plans (2 -fiill size,2 -half size);
3.Submit 2 copies signed,current-dated BMP Narrative Report;
4.Payment of permit fee in the amount of $20.00;
5.Submit a Certificate of Insurance with general liability,automobile liability,ancl worker's
conipensation coverages,naming the State of Hawaii,its officers and employees as
additional insured parties (2,000,000/2,000,000 aggregate);
6.Subinit Iwo (2)copies construction schediile with task breakout;
7.Provide One Call Ticket Number on permit application;and
8.Post a performance bond in the amount of $120,000.00 insurance bond for the work within
the Stale Highway right-of-way.
Ifyou have any questions,please cal]Fred Reyes ofour staffat 241-3017.
Sincerely,
'trict
Y DILL,P.E.
Engineer
Attachment #5
COUNTYOFKAUA'I
PLANNING DEPARTMENT
TO:Subdivision Committee,Planning Commission
SUBJECT:Extension Request
PURPOSE:^File Final Subdivision Maps
Complete Subdivision Improvements
Other:
Subdivision Application No.Applicant(s)
S-2019-4 Tim Beckman &Mira Hess
Location:Po'ipu Tax Map Key:|(4)2-8-014:038,042
st nndExtensionRequestNo.(1st,2"°,etc.)Tentative Approval Granted On:Previous Ext.Expired On:
3rd March27.2019 March 27,2022
Subdivision Bonded:Yes I ^1 No Deadline to Complete Improvements:Not Applicable
APPLICANT'S REASONS:Additional time is being requested to comply with the conditions/requirements
oftentative approval.The Applicant is currently with the various reviewing agencies in resolving the required
infrastructure improvements for the subdivision.
PLANNING DEPARTMEN'
EVALUATION &RECOMMENDATION
VALUATION:Please refer to next page...
RECOMMENDATION:Please refer to next page...
A-.Ofc.2^.20 2.2-
St^iffPlanner Date
[^JApproved and Recommended
to PIanning Commission
[JDenied
Comments:
ling Director
QI^IZ^
Date
V-2019MaslerFiles Begulutory Subdivisioni S-2019.4 Extension.Extension RepOf)-07.14.20??K£S-2019.'l Tim Beckman S Mira Hess.docx
^:l.C.l.
JUL 12 2022
COUNTY OF KAUA'I
PLANNING DEPARTMENT
Extension requests are primarily processed for the purpose ofcontinuing a tentative approval for
a subdivision application.An extension approval allows an applicant additional time to comply
with the requirements in order to obtain final subdivision approval.
In determining whether additional time should be granted,an evaluation is made ofthe project's
progress as well as compliance with the requirements oftentative approval.The evaluation is
primarily based on determining whether the applicant is progressively working towards
obtaining final subdivision approval with the various reviewing agencies.The tentative
approval conditions are then re-evaluated to determine whether the conditions/requirements are
adequate to address the impacts ofthe proposed development in consideration ofthe time that
has lapsed.
Pending evaluation of an extension request,one of the following can occur:
1.The extension is approved without changes to the tentative approval requirements;
2.The extension is approved with modified time frames but no modifications or
additions to the tentative approval requirements;
3.The extension is approved with modifications and/or additions to the requirements;
and
4.The extension is denied.
FINDINGS/BACKGRQUND:
The proposed development involves a boundary adjustment that consolidates four (4)existing
lots and resubdivides into three (3)lots within the Open (0)zoning district.This application was
granted tentative approval by the Planning Commission on March 27,2019 and the Applicant's
request is the third extension ofthe tentative approval.
The subject property is located along the mauka side ofPo'ipu Road and adjacent to the Po'ipu
Beach Estates Residential Subdivision (refer to attached map).The total area involved is
approximately 19.178 acres and the surrounding parcels are situated within the State Urban Land
Use District that have been developed as residences or commereial/retail development.
PROORESS OF_THE^SUBDIVISION:
In considering the extension request,it should be noted that the Applicant has shown some
progress with the development.As represented,the Applicant has resolved the Workforce
Housing Agreement,obtained approval from the Department ofPublic Works for access to Lot
S-2019-4;Sub Extension (3rd)
Beckman/Hess
07.12.2022
-2-
C,and final inspections for water facilities improvements were conducted by the Department of
Water.
Currently,the Applicant is working with their attomey to obtain draft deed descriptions for the
Planning Department's review.The Applicant has represented that Final Subdivision maps will
be submitted for agency review and approval and is requesting another time extension to
complete the subdivision project.
Based on the foregoing circumstances,the Applicant's reasons arejustifiable and no problems
are foreseen in granting the extension request.The Departments ofPublic Works and Water
have no objections to the request.
Additionally,the Applicant should demonstrate further progress with the subdivision within one
(1)year from the approval ofthis extension request.As such,the Applicant shall be made aware
that in further considering extension requests involving the proposed development,the Applicant
shall continue to submit to the PIanning Department an updated status report on the subdivision
with a detailed time chronology on the progress ofthe tentative approval requirements.The
status report shall be submitted to the Planning Department no later than sixty (60)days prior to
the expiration date in order to allow sufficient time to evaluate whether progress have been made
and conditions satisfied.
RECOMMENDATION:
It is recommended that an extension until MARCH 27,2023 be granted to obtain final
subdivision approval.However,the Applicant is made aware that an updated status report on the
subdivision with a detailed time chronology on the progress ofthe tentative approval
requirements shall be submitted to the PIanning Department for review for further extensions
requests.The status report shall be submitted to the Planning Department no later than sixty (60)
days prior to the expiration date.
S-2019-4;Sub Extension (3rd)
Beckman/Hess
07.12.2022
-3-
BIOi:'17.(Snfiny •31DO
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ESAKI SURVEYING &MAPPING.INC
1610HALEUKANASTREET-LIHUE,KAUA'I,HAWAI'I 96766
(808)246-0625 ESM@ESAKIMAP.COM
February 18,2022
Mr.Kaaina Hull,Director
County of Kaua'i Planning Department
4444 Rice Street,Suite 473
Lihue,Hl 96766
Attn:Mr.Hull
RE:SUBDIVISION EXTENSION REQUEST
S-2019-4 TIM BECKMAN &MIRA HESS
TMK (4)2-8-14:38
KOLOA,KAUA'I,Hl 96756
DearMr.Hull,
The subject subdivision received TENTATIVE APPROVAL by the Planning Commission at their meeting held
on March 27,2019.The subdivision also received EXTENSION REQUESTS by the Planning Commission at
their meetings held on July 14,2020 and April 13,2021.
During the extension period that was granted,the applicant was able to resolve the following
requirements:
•The Workforce Housing Agreement has been recorded at Bureau of Conveyances
•Department of Public Works has approved the access for proposed Lot C
•Department of Water conducted the final inspection of the water facility improvements.The
Deeds ofConveyance to DOW and cost breakdown have been received by DOW.
We respectfully request an extension in time of 1 year to file the final subdivision map.
Thank you for your consideration.
r^^^
Dennis M.Esaki
DME:vc
COUNTYOFKAUA-1
PLANNING DEPARTMENT
TO:Subdivision Committec,Planning Commission
SUBJECT:Extension Request
PURPOSE:^File Final Subdivision Maps
Complete Subdivision Improvements
Other:
Subdivision Application No.Applicant(s)_
S-2019-8 Stephanie Femandes
Location:Wailua Homesteads Tax Map Key:|(4)4-2-005:044
st '-)ndExtensionRequestNo.(Is1,2"°,etc.)Tentative Approval Granted On:Previous Ext.Expired On:
3rd January22,2019 January 22,2022
Subdivision Bonded:Yes I </1 No Deadline to Complete Improvements:Not Applicable
APPLICANT'S REASONS:Additional time is being requested to comply with the conditions/requirements
oftentative approval.The Applicant is currently with the various reviewing agencies in resolving the required
infrastructure improvements for the subdivision.
PLANNING DEyffRTM^NT'
EVALUATION &RECOMMENDATION
EVALUATION:Please refer to next page...
RECOMMENDATION:Please refer to next page.
Ols.l^.'iCl-i.-i
Date
[»/]Approved and Recommended
to Planning Commission
[JDenied
Comments:
^—7—*^?'ning Director
.cm<^yu
Date
-X.l.4<.l.
JUL 12 2022
V\20]9 Masta-Hl6^ gaatcri\SiAdvigCTlA5-20]9-W<ten3CTEiiB<teram pcrt -m22U22 reS-2B]9-fl aepharie FiTrerdeidaot
COUNTY OF KAUA'I
PLANNING DEPARTMENT
Extension requests are primarily processed for the purpose ofcontinuing a tentative approval for
a subdivision application.An extension approval allows an applicant additional time to comply
with the requirements in order to obtain final subdivision approval.
In determining whether additional time should be granted,an evaluation is made ofthe project's
progress as well as compliance with the requirements oftentative approval.The evaluation is
primarily based on determining whether the applicant is progressively working towards
obtaining final subdivision approval with the various reviewing agencies.The tentative
approval conditions are then re-evaluated to determine whether the conditions/requirements are
adequate to address the impacts of the proposed development in consideration of the time that
has lapsed.
Pending evaluation ofan extension request,one ofthe following can occur:
1.The extension is approved without changes to the tentative approval requirements;
2.The extension is approved with modified time frames but no modifications or
additions to the tentative approval requirements;
3.The extension is approved with modifications and/or additions to the requirements;
and
4.The extension is denied.
FINDINGS/BACKGROUND:
The proposed development involves a subdivision ofa parcel into five (5)lots in the Wailua
Homesteads area.This application was granted tentative approval by the Planning Commission
on January 22,2019 and the Applicant's request is the third extension ofthe tentative approval.
The subject property is situated in close proximity to the Kuamo'o Road/Kamalu Road
intersection in Wailua Homesteads and the total area involved is approximately 10.818 acres.
The subject property is County zoned Residential District (R-2)and Open (0)District,and is
within the State Land Use Rural District.The surrounding parcels to the North and West are also
County zoned Residential District (R-2)and Open (0)District,and are within the State Land
Use Rural District.The parcels to the South and East are County zoned Residential District (R-4)
and are vvithin the State Land Use Urban District.The surrounding parcels are developed with
single-family residences.
S-2019-8;SubExtension(3rd)
FERNANDES
07.12.2022
-2-
PROGRESS OF THE SUBDIVISION:
[n considering the extension request,it should be noted that the Applicant has made some
progress in addressing the requirements ofthe subdivision.As represented,the Applicant has
resolved the Workforce Housing Agreement and is actively working to resolve the infrastructure
improvements with the COK Departments ofWater (DOW)and Public Works (DPW).
Based on the foregoing circumstances,the Applicant's reasons arejustifiable and no problems
are foreseen in granting the extension request.The Departments ofPubIic Works and Water
have no objections to the request.
Additionally,the Applicant should demonstrate further progress with the subdivision within one
(1)year from the approval ofthis extension request.As such,the Applicant shall be made aware
that in further considering extension requests involving the proposed development,the Applicant
shall continue to submit to the Planning Department an updated status report on the subdivision
with a detailed time chronology on the progress ofthe tentative approval requirements.The
status report shall be submitted to the Planning Department no later than sixty (60)days prior to
the expiration date in order to allow sufficient time to evaluate whether progress have been made
and conditions satisfied.
RECOMMENDATION:
It is recommended that an extension until JANUARY 22,2023 be granted to obtain final
subdivision approval.However,the Applicant is made aware that an updated status report on the
subdivision with a detailed time chronology on the progress ofthe tentative approval
requirements shall be submitted to the Planning Department for review for further extensions
requests.The status report shall be submitted to the PIanning Department no later than sixty (60)
days prior to the expiration date.
S-2019-8;Siib Extensioii (3rd)
FERNANDES
07.12.2022
-3.
IASE FLOOD ELEVATiON (BFE)PRELIMINARY
SUBDIVISION OF LOT 21 A-9
Portion of Lot 21
Wailua Homestead,Firet Series
Also portion of Grant S-14157
To William E,Femandes
Wailua,Kawaihau,Kauai,Hawaii
INTO LOTS 1 TO 5 INCLUSIVE
Owners:
Wataoka Puanani P H:6231 Haulki Road Kapaa,Hl,98746
Anama Kawehi K H
Huriey Kaiauo K P
Femandes-Salling John M K
LawJaredW
Law Jonattian K
Law Jenna M
Perez Erin P L
Magalogo Jajme M L
Chun Bres L
Femandes Benjamin B;219 Kamalu Road Kapaa Hl.96746
Femandes W Kihei
Femandes Nainoa L
Femsndes Kepa K.
KAM A L U
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FIRST SERIES (F.P.liTT)
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NOTCS:
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OR UMDER UY SUTCRVIStON
'ssssia.Asa
MAX V/.l.GRAHAM.JR.
JONATHAN J.CHUN
LW K.JUNG
FederaiIDNo 99-03)7663
BELLES GRAHAM LLP
ATTORNEYS AT LAW
WATUMULL PLAZA
4334 RICE STREET,SUITE 202
LIHUE,KAUAI,HAWAII 96766-1388
TELEPHONE N0:(808)245-4705
FACS1MILE N0:(808)245-3277
E-MAIL:mail@kauai-law.com
December28,2021
OFCOUKSEL
MICHAEL J.BELLES
DAVID W.PROUDFOOT
DONALD H.WILSON
DEC29 P9;.3
£.;„,
Mr.Francis DeGracia,Chairperson
Subdivision Committee
Planning Commission
c/o County ofKauai Planning Department
4444 Rice Street,Suite A473
Lihue,Kauai,Hawaii 96766
Re:Subdivision ofLot 21 A-9 Portion ofLot 21 Wailua Homestead,
First Series also Portion ofGrant S-14157 to William E.Fernandes
Wailua,into lots 1 to 5,inclusive,
Kawaihau,Kauai,Hawaii
Kauai Tax Map Key No.(4)4-2-005-044
S-2019-8,Stephanie Fernandes
Dear Chairperson DeGracia and Subdivision Committee Members:
As a follow fhrough to our updated December 28,2021 report,I am respectfully
requesting an extension ofanother six to twelve months to complete the conditions set forth in the
Commission's January 22,2019 tentative approval letter.
Thank you very much for your consideration ofthis request.
Sincerely,
BELLES.GRAH[AM LLP
JJC:so
cc:
Jonathan J.Chun
Esaki Surveying and Mappin^-tnC.
Allison Mizuo Lee,Esq.
David J.Minkin,Esq.
Shaylene L.M.Iseri,Esq.
Mr.Benjanun B.Femandes
Mr.W.Kihei Femandes
(W:/DOCS/4457/159/WOI73747.DOCX )
MAX W.J.GRAHAM,JR.
JONATHAN J.CHUN
LWK.JUNO
FederalLDNo 99-0317663
BELLES GRAHAM LLP
ATTORNEYS AT LAW
WATUMULL PLAZA
4334 RICE STREET,SUITE 202
LIHUE,KAUAI,RAWAII 96766-138.8
TELEPHONE N0:(808)245-4705 ''
FACSIMILE N0:(808)245-3277
E-MAIL:mail@kauai-law.com
OFCOUNSEL
MICHAEL J.BELLES
DAVID W.PROUDFOOT
DONALD H.WILSON
•:'n 7C;lu L^
December28,2021
1*\
Mr.Francis DeGracia,Chairperson
Subdivision Committee
Planning Commission
c/o County ofKauai Planning Department
4444 Rice Street,Suite A473
Lihue,Kauai,Hawaii 96766
Re:Subdivision ofLot 21 A-9 Portion ofLot 21 Wailua Humestead,
First Series also Portion ofGrant S-14157 to William E.Fernandes
Wailua,uto lots l to 5,inclusive,
Kawaihau,Kauai,Hawaii
Kauai Tax Map Key No.(4)4-2-005-044
S-2019-8,Stephanie Fernandes
Dear Chairperson Garcia and Subdivision Committee Members:
I am writing to you as the court appointed commissioner in Femandes v.
Femandes-Salluig.et al.,Civil No.15-1-0010,Fifth Circuit Court,State ofHawaii,that has been
tasked to pursue the above-entitled subdivision.The Planning Commission Subdivision
Committee granted Tentative Approval to the above subdivision at its meeting held on January 22,
2019.On September 9,2020,the Plamung Commission granted an extension ofthe tentative
subdivision approval to January 22,2021,and on February 10,2021,an additional extension was
granted to January 22,2022.
The January 22,2022 extension provided that "if further subdivision extension
requests are sought,an updated status report on the subdivision that includes a detailed time
chronology on the progress of the tentative approval requirements shall be submitted to the
Planning Department no later than sixty days (60)from the expiration date ofthe extension."We
apologize for not submitting this updated report earlier.We had hoped that all of the conditions
might have been fulfilled by December ofthis year,but unfortunately we might not be able to meet
the January 22,2022 date so we are submitting this updated report and request for an extension for
the Committee's consideration.
{W;/DOCS/4457/159/W0173753.DOO(}
Mr.Francis DeGracia,Chaiqierson
Page2
December28,2021
The following are the conditions that were contained in the Commission's Tentative
Subdivision Approval and their status:
a.Payment of a park dedication fee in the amount of $600.00.
Status:Fee will be paid prior to Final Approval.
b.Payment ofan enviiomnental impact assessment fee of $750.00.
Status:Fee will be paid prior to Final Approval.
c.Dedication of an 8'wide strip of line fronting Kamalu Road.
Status:A reserve will be created and shown on the Final Subdivision Map and
conveyed to the County ofKauai upon request.
d.Locate and indicate on the subdivision map the location of the Open and
Residential Districts.
Status:Esaki Surveymg and Mapping,Inc.has been retained to fulfill the
conditions contained in the Tentative Subdivision Approval.Esaki
Surveying and Mapping,Inc.("Esaki")will include the Open and
Residential District boundaries on the fina!subdivision map.Esaki is still
working on finalizing the map and we anticipate it to be finished in 2022.
e.Payment of a Facilities Reserve Charge to the Department of Water in the
amountof $56,460.00.
Status:Fee will be paid prior to Final Approval.
f.Prepare construction drawings for the domestic water service connections
for approval by the Department ofWater.Show on final subdivision map location ofthe existing
water meter and location ofproposed 4 new meters.
Status:Esaki has been retained to fulfill the conditions contained in the Tentative
Subdivision Approval.Esald is preparing the required construction
drawings for the Department of Water.We anticipate Esaki will finalize
their drawings in 2022.
|W:/DOCS/4457/159/W0173753.DOCX}
Mr.Francis DeOracia,Chairperson
Page 3
December28,2021
g.Enter into an agreement with the Department of Water restricting the
subdivision to one single family dwelling per lot or one 5/8-inch water meter per lot.
Status:On February 20,2021 a draft Water Agreement was prepared and submitted
to the Water Department for acceptance and recordation.We are still
waiting for the Water Department's comments or signature.
h.Preparation of a flood study to address drainage from the natural drainage
swale that is located on proposed Lot 2.
Status:Esaki has been retamed to falfill the conditions contained in the Tentative
Subdivision Approval.We anticipate Esaki will be able to finish its flood
study in 2022.
i.Address the Department of Public Works'suggestion to consolidate entry
points along Kamalu Road and provisions for common driveways.
Status:Esaki has been retained to fulfill the conditions contained in the Tentative
Subdivision Approval.Esaki is working with the Department of Public
Works regarding any required entry points for the common driveways.
j.Enter into a workforce housing agreement with the Housing Agency to
comply with County ofKauai's workforce housing requirements.
Status:The Applicant has discussed this matter with the County ofKauai Housing
Agency and on May 7,2021,a fully executed Workforce Housing
Agreement was recorded in the Bureau of Conveyances of the State of
Hawaii as Document No.A-77970593.
k.Prepare metes and bounds descriptions for final lots.
Status:Esaki has been retained to fulfill the conditions contained in the Tentative
Subdivision Approval.Esaki will prepare metes and bounds descriptions
for the final lots.We anticipate this work will be completed by Esaki in
2022.
1.Install property pins for final lots.
Status:Esaki has been retained to fulfill the conditions contained in the Tentative
Subdivision Approval.Esaki will install property pins for the final lots.
|W:/DOCS/4457/159/W0173753.DOCX |
Mr.Francis DeGracia,Chairperson
Page4
December28,2021
m.Prepare final subdivision map for approval incorporating the above
conditions.
Status:Esaki has been retained to fulfill the conditions contained in the Tentative
Subdivision Approval.Esaki will be preparing the fmal subdivision map
for the County's review and approval.We anticipate this work will be
completed in 2022.
We estimate Esaki would need another extension of six to twelve months to
complete the work required ofit under the tentative subdivision approval.We are in contact with
the Kauai Water Department as to approval ofthe draft Water Agreement.We anticipate obtaining
the Water Department's approval withm six to twelve months.
Thank you very much for your consideration ofthis request.
Sincerely,
BELLES GRAHAM LLP
/
hathan J.Chun
JJC:so
cc:Esaki Surveying and Mapping,Inc.
Allison Mizuo Lee,Esq.
David J.Minkin,Esq.
Shaylene L.M.Iseri,Esq.
Mr.Benjamin B.Femandes
Mr.W.Kihei Femandes
{W:/DOCS/4457/159/W0173753.DOCX }
COUNTYOFKAUA'I
PLANNING DEPARTMENT
TO:Subdivision Committee,Planning Commission
SUBJECT:Extension Rcquest
PURPOSE:^File Final Subdivision Maps
Complete Subdivision Improvements
Other:
Subdivision Application No.Applicant(s)
S-2020-9 Baird Family Limited Partnership
Location:Kapa'a Homesteads Tax Map Key:|(4)4-4-013:002
st ^ndExtensionRequestNo.(1st,V,etc.)Tentative Approval Granted On:Previous Ext.Expired On:
2nd January 28,2020 January 28,2022
Subdivision Bonded:No Deadline to Complete Improvements:Not Applicable
APPLICANT S REASONS:Additional time is being requested to comply with the conditions/requirements
oftentative approval.The Applicant is currently with the various reviewing agencies in resolving the required
infrastructure improvements for the subdivision.
PLANNING DEPARTMENT
EVALUATION &RECOMMENDATION
EVALUATION:Please refer to next page...
RECOMMENDATION:Please refer to next page.
r^aA^.^fc Oto.2q.zo2.2-
St&jfPLanner Date
['/]Approved and Recommended
to Planning Commission
[]Denied
Comments:
(oh(7V
Date
V:',,2020 Masler Files.llegulutory Subdivisions ,5-2020-9 .Extensions OC EdiLExtension Report -07.12.202Z KE S-2020-9 Baird Fflfflily Limled Portnership.dncx ^C.l.^.l.
JUL 12 2022
Yes ^
COUNTY OF KAUA'I
PLANNING DEPARTMENT
Extension requests are primarily processed for the purpose ofcontinuing a tentative approval for
a subdivision application.An extension approval allows an applicant additional time to comply
with the requirements in order to obtain final subdivision approval.
In determining whether additional time should be granted,an evaluation is made ofthe project's
progress as well as compliance with the requirements oftentative approval.The evaluation is
primarily based on determining whether the applicant is progressively working towards
obtaining final subdivision approval with the various reviewing agencies.The tentative
approval conditions are then re-evaluated to determine whether the conditions/requirements are
adequate to address the impacts ofthe proposed development in consideration ofthe time that
haslapsed.
Pending evaluation ofan extension request,one ofthe following can occur:
1.The extension is approved without changes to the tentative approval requirements;
2.The extension is approved with modified time frames but no modifications or
additions to the tentative approval requirements;
3.The extension is approved with modifications and/or additions to the requirements;
and
4.The extension is denied.
FINDINGS/BACKGROUND:
The proposed development involves a three (3)lot subdivision within the Kapa'a Homesteads
area.This application was granted tentative approval by the PIanning Commission on January
28,2020 and the Applicant's request is the secoiid extension ofthe tentative approval.
The subject property is situated along Kawaihau Road,approximately 4.0 miles maiika ofKuhio
Highway.The total area involved is approximately 3.38 acres within the County Agriculture
District and within the State Land Use Agricultural District.The surrounding parcels are an
assortment of County Agriculture and Open Districts and are also within the State Land Use
Agricultural District.
In evaluating the proposed development,it is noted that a Zoning Amendment (ZA-2018-1)
involving the subject parcel was approved by the Planning Commission on November 13,2018
and the County Council on January 23,2019.It amended a portion ofthe property from the
County zoned Open District to the Agriculture District.Prior to the Zoning Amendment,the
S-2020-9;Sub Extension (2nd)
Baird Fainily Limited Partneriship
07.12,2022
-2-
subject property was split zoned;approximately 1.4 acres ivithin the Agriculture District and
1.98 acres within the Open District.
It is further noted that the subject parcel existed prior to the adoption ofthe Comprehensive
Zoning Ordinance (CZO)in 1972.Therefore,the project is subject to the requirements in
Section 8-8.3(b)(l)(A)which specify that "Parcels not more than ten (10)acres may be
subdivided into parcels not less than one (1)acre in size.In addition,this project is subjected to
the "one-time"subdivision limitation for parcels within the Agriculture District,pursuant to
Section 8-8.3(c)ofthe CZO,Kaua-i County Code (1987).
PROGRESS OF THE SUBDIVISION:
In considering the extension request,the Applicant has shown some progress with the
development.As represented,the Applicant has completed an Agriculture Master Plan will
submit it to the PIanning Department for review.
The Applicant is currently working to resolve the Planning Department's requirements,
specifically the Declaration ofConditions,Covenants and Restrictions,and the Agricultural
Subdivision Agreement as well as Draft Deeds for the subdivision.Since it is uncertain as to
when the Applicant will be in compliance with the requirements of tentative approval,another
time extension is being requested.
Based on the foregoing circumstances,the Applicant's reasons arejustifiable and no problems
are foreseen in granting the extension request.The Departments of Public Works and Water
have no objections to the request.
AdditionaIIy,the Applicant should demonstrate further progress with the subdivision within one
(1)year from the approval ofthis extension request.As such,the Applicant shall be made aware
that in further considering extension requests involving the proposed development,the Applicant
shall continue to submit to the Planning Department an updated status report on the subdivision
with a detailed time chronology on the progress of the tentative approval requirements.The
status report shall be submitted to the Planning Department no later than sixty (60)days prior to
the expiration date in order to allow sufficient time to evaluate whether progress have been made
and conditions satisfied.
RECOMMENDATION:
It is recommended that an extension until JANUARY 28,2023 be granted to obtain final
subdivision approval.However,the Applicant is made aware that an updated status report on the
subdivision with a detailed time chronology on the progress ofthe tentative approval
requirements shall be submitted to the Planning Department for review for further extensions
requests.The status report shall be submitted to the Planning Department no later than sixty (60)
days prior to the expiration date.
S-2020-9;Sub Extension (2nd)
Baird Family Limited Partnership
07 12.2022
-3-
v^[,OT\-87-B-^-\^
^'^hO&9';A'cres~--->'
•^~--~~^^^'.'^^
^^LOT 87-8-1 \
~''\':'':'^^-:^''-^^\}^/;""
SUBDIVISION OF LOT 87-8INTOLOTS.87-8-1,87-B-2,AND 87-B-.3ANDDESIGNATIONOFEASEMENTAU-1
ESAKI SURVEYING &MAPPING,INC
1610 HALEUKANA STREET -LIHUE,KAUA'I,HAWAI'I 96766
(808)246-0625 ESM@ESAKIMAP.COM
February 18,2022
Mr.Kaaina Hull,Director
CountyofKaua'i Planning Department
4444 Rice Street,Suite 473
Lihue,HI 96766
Attn:Mr.Hull
RE:SUBDIVISION EXTENSION REQUEST
S-2020-9 BAIRD FAMILY LIMITED PARTNERSHIP
TMK (4)4-4-13:02
KAPA'A,KAUA'I,Hl 96746
DearMr.Hull,
The subject subdivision received TENTATIVE APPROVAL by the Planning Commission at their meeting held
on January 28,2020.The subdivision also received an EXTENSION REQUEST by the Planning Commission
at their meeting held on April 13,2021.
The chronologyofthe progress since the subdivision was lastgranted an extension isasfollows:the Park
Dedication fee and EIA fee have been paid by the Owner,Agricultural Master Plan completed (April 2021),
and title reports received from Title Guaranty (July 2021).
The Applicant's Attorney is currently working on the Declaration of Conditions,Covenants,and
Restrictions,Agricultural Subdivision Agreement,and Draft Deed.The applicant requests more time to
allow their Attorney to complete the documents.
We respectfully request an extension in time of 1 year to file the final subdivision map.
Thank you for your consideration.
Dennis M.Esaki
DME:vc
r r
DEPARTMENT OF PLANNING
KA'AINA HULL,DIRECTOR
JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR
DEREK S.K.KAWAKAMI.MAYOR
MICHAEL A.DAHILIG,MANAGING DIRECTOR
SUMMARY
SUBDIVISION REPORT
Action Required by
Planning Commission:
Subdivision Permit No.
Name of Applicant(s)
Consideration of Subdivision Application No.S-2022-3 that
involves a two (2)lot consolidation.
Application No.S-2022-3
WHIPTAILWALLABY,LLC.
II.PROJECT INFORMATION
Map Title Kukui'ula Residential Subdivision,Phase IIB,Consolidation of Lot 68
(Subdivision File No.S-2009-02)and Lot 27 (Subdivision File No.S-2006-
5)into Lot 72,Being a Portion of Royal Patent 6714,Land Commission
Award 7714-B,Apana 2 to M.Kekuaiwa No M.Kekuanaoa at Koloa
(Makai),Koloa,Kona,Kaua'i,Hawai'i.
Tax Map Key(s):2-6-018:025 &027 Area:52,840 sq.ft.
Zoning:Residential (R-4)
State Land Use
District(s):
Urban General Plan
Designation:
Residential Community
AGENCYCOMMENTS
COKPublic
Works
COK Water:
Other(s)
Pending
Pending
[_]State DOT-Highways:
State Health:
DDLNR-SHPD:
10.08.2021
EXISTING ROAD RIGHT-OF-WAY(S)
Road Name Existing
Width
Required
Width
Pavement
YES N0
Reserve
Kahalawai Street 44 feet 44 feet a
Holo Malanai Street 44 feet 44 feet D
a D
APPLICABLE FEES
Environmental Impact Assessment (EIA)|N/A
Park Dedication
Appraisal Report Required
JUL 21
r'r
III.EVALUATION
The proposed development involves a two (2)lot consolidation within the County
Residential (R-4)Zoning District and is situated within Kukui'ula's Residential Subdivison.It
is noted that the lots were created through different phases of the project.Lot 68 was a
part of Subdivision No.S-2009-2 that was approved by the Kaua'i Planning Commission on
March 10,2009,whereas Lot 27 was a part of Subdivision No.S-2006-5 that was approved
on March 11,2008.Since there are no additional lots being created with this application,
there will be no assessment of EIA and Park Dedication Fees.
RECOMMENDATION
TENATIVE APPROVAL FINAL APPROVAL
^0^pproval
D Denied
d Approval
D Denied
Tentative Approval subject to all
requirements as^noted on the follow pages:
All conditions have been complied with
^]
y7"Director of Plaifining
te/^/^Z)
Date'
^/^M
jyDirbcfor of Planning Date
IV.AGENCY REQUIREMENTS
1.Requirements ofthe Planning Department:
a.An updated preliminary title report for each existing lot shall be submitted to the
Planning Department for review.
b.All existing and proposed easements,if any,shall be identified in the deed
descriptions of the affected lots,draft copies of which shall be submitted to the
Planning Department for review and approval.
c.Pursuant to Section 9-3.8(b)of the Subdivision Ordinance,Kaua'i County Code
(1987),the Applicant shall submit to the Planning Department an electronic
record (digitized format)of the final subdivision map(s)on disk for record keeping
purposes prior to final subdivision approval.
2 1 P a ge
S-2022-3;Subdivision Report
Wh!pt3ilWsl!aby,LLC.
11.09.2021
d.The Applicant shall identify on the final subdivision map whether the proposed lot
will be utilized for Transient Vacation Rental (TVR)purposes.If so,the total amount
of the lots within the Kukui'ula Residential Subdivision,Phase 11-C shall be counted
towards the total amount approved through Ordinance No.PM-2004-370.
2.Requirements of the Department of Public Works (DPW):
a.The subdivider shall comply with all requirements of the Department of Public
Works,if any,prior to final subdivision approval.
3.Requirements of the Department of Water (DOW):
a.The subdivider shall comply with all requirements of the Department of Water,if
any,prior to final subdivision approval.
4.Requirements of the Department of Health (DOH):
a.Noise will be generated if/when development of this parcel will start.The
applicable maximum permissible sound levels as stated in Title 11,Hawaii
Administrative Rules (HAR),Chapter 11-46,"Community Noise Control",shall
not be exceeded,unless a noise permit is obtained from the State Department
ofHealth(DOH).
b.Temporary fugitive dust emissions could be emitted if/when construction
activities occur.In accordance with Title 11,HAR Chapter 11-60.1,entitled "Air
Pollution Control ,effective air pollution control measures shall be provided to
prevent or minimize any fugitive dust emissions caused by construction work
from affecting the surrounding areas.This includes the off-site roadways used
to enter/exit the project.The control measures include but are not limited to
the use of water wagons,sprinkler systems,dust fences,etc.
c.The construction waste/green waste that will be generated by the project shall
be disposed of at a solid waste disposal facility that complies with the
applicable provisions ofTitle 11,HAR,Chapter 11-58.1,"Solid Waste
Management Control",the open burning of any of these wastes on or off site is
prohibited.
31Page
S-2022-3;Subdivision Report
WhiptaflWalfaby,LLC.
11.09.2021
5.The Applicant is advised the should any archaeological or historical resources be
discovered during ground disturbing/construction work,all work in the area of the
archaeological/historical findings shall immediately cease and the applicant shall
contact the State Department of Land and Natural Resources,Historic Preservation
Division and the Planning Department to determine mitigation measures.
6.The Applicant is advised that prior to and/or during construction and use additional
conditions may be imposed by government agencies.Should this occur,the applicant
shall resolve these conditions with the respective agency(ies).
The Planning Commission is further advised that this report does not represent the Planning
Department s final recommendation in view of the forthcoming public hearing process
scheduled for NOVEMBER 9,2021 whereby the entire record should be considered prior to
decision-making.The entire record should include but not be limited to:
a.Pending government agency comments;
b.Testimony from the general public and interested others;and
c.The Applicant's response to staffs report and recommendation as provided herein.
^,
NETH A.ESTES,PLANNER
41Page
S-2022-3;Subdivision Report
Whiptail Wallaby,LLC.
11.09.2021
LOT 59
TUK:(4)2-6-018:059
KUKUI'UL^&EVELOPMENT CO,.LLC
^>A..
&^HOLO MALANAI STREET
259'43'—f46.85
|-270'ja27"
9S.6S
K-so.ao
LOT S8^f SQ-F'o^LOT 27
24.183 sa.n'.•^o
G.^^ ^
LOT -T2
52^40 S<2.FT
LOT 28
TMK:(4)2-6-018:028
PIXIE REAL ESTATE LLC
^^'^"<^?
^/
VICINITl'MAP
NOT TO SCALE
KUKUI'UU EESIDENTIAL SUBDIVISION,PHASE HB
CONSOUDATION OF
LOT 68 (SUBD.FILE N0.S-2009-02)AND
LOT 27 (SUBD.FILE N0.S-2006-5)INTO
LOT 72
BEING A POKTION OF
ROYAL PATENT 6714,LAND COMMISSION AWAED 7714-B.
APANA 2 TO M.KEKUAIWA N0 M.KEKUANAOA
AT KOLOA (MAKAI),KULOA,KONA,KAUAI,HAWAII
OWNER:WHIPTAIL WALLABY LLC
ADdR[-;SS-5B21 I-IOLO MALANAI STREFT
KOI OA,HAWAtl 96756
TMK:(4)2-6-018;033
GERRY F.1NGLIS AND
EHN F.INGLIS 1
NOTES;
],COORDINATES AND AZIMUTHS SHOWN ON THIS MAP ARE BfSiO OH GOVERNMENT
SURVET TOKNCUIATION STA710N •WAHIAWA"&.
2.OWNERS OF ADJOINING PARCELS TAKEN FROM REW.PROPERPf TAX RECORDS.
3.SUBJECT PROPECTES ARE WFHIN FLOOD ZONE X AS SHOWN ON F1RM PANEl
NUMBER 150002 0313 F,REVISED NOVEUBER 26,2010.
TMK:(4)2-6-018:025 AND 027
AUS71N,TSUTSUMI.&ASSOCIATES IHC.
501 SUMNER STREET,SUITE 521
HONOLULU,Hl 96817
THIS WORK WAS PREPARED BY ME:
OR UNDER UY SUPERV1S!ON.
^-^.1&-^
UCENSED PROFESSIONAL LAND SURVEYOR
CERTIFICATE No.9826
EXP.4/22
REV.JANUARY 20,2022
AUSUST 12,2021
JOG N0,;21-336 ATA AUSTIN,TSUTSUMI &ASSOCIATES,INC.
ENSINEEfii SURICT3RS •HONOLUUU,Wf.MV.HAWNt
11"X 17"-=1.30 SQ.FT.
r'r'
COUNTYOFKAUA'l
PLANNING DEPARTMENT
4444 RICE STREET,SU1TE A473 LIHU'E.HAWAI-1 96766
(808)241-4050
SUBD1VISION APPLICAT10N ROUT1NG FORM
DATE:April 4,2022
COMMENTS from DPW Engineering:PW#02.22.085
We have no comments.Recommend proceeding to Final Map.
Sincerely,
^Digitatly signed by Michael
Moule
Date:2022.05.20 09:31:24
-10'00'
Michael Moule,P.E.
Chief,Engineering Division
Subdivision Map Review and Approval
Q Preliminart'D Final
^Pre-Final Q Extension
SUDIVIS10N APPLICAT10N N0:Subdivision Permit N0.S-2022-3
Owner(s)/Applicant(s):lil Wallaby LLC
Name ofSurveyor/Engineer/Authorized Agent:Erik Kaneshiro
Tax Map Key:Assigned to:Kenny
Improvements:Consolidation of Lot 68 and Lot 27 into Lot 72 at Kahalawai Street
and Holo Malanai Street,Kukui'ula
r
Dtparttncnt ol
Waler has no stibstiluse .Cftfisen'e il!
4398 PUA LOKE STREET
LIHU'E,KAUA'I,HAWAI-I 96766
PHONE:(808)245-5400 /FAX:(808)245-5813
SUBDIVISION REPORT
TO:PLANNING DEPARTMENT
FROM:DEPARTMENT OF WATER
TMK:2-6-018:027 N.AME:Whiotail Wallabv LLC SURVEYOR:Erik Kaneshlro REPORl N0;S-2022-3
4.
Domestic vvater is adequate.Tentative approval is recommended.
Water R.equirements are not affected.Tentative approval is recomniended.
All requirements have been fully met and;therefore,Final approval is recommended.
Before final approval can be recomniended,the subdivider must:
A.Pay the Department of Water the folloiving charges in effect at the time of receipt,At the
present tlme,these charges include:
1)Thc Facilitles Reserve Charge (FRC):
Lots@$14,I13 perlot ^S
E.
2)Payment to install _,or relocate _,service connections(s)at the fixcd cost of S
3)
since final map approval,the subdivlder shall be charged the increase in the fixed cost,if
any.
Deposit (the subdivider will either be billed or returned the difference between this
deposit and the actual cost of construction of S _for constructlon by the Department
of Water.
Submit to the Department of Water a copy of thc subdlvider's permit to perform work upon a
State highway from the State Highivays Division
Prepare and receive Department of Water's approval of construction dravvings for the
necessary water system facilitles and either construct said facilities or post a performance
bond for constructlon.These facilities shall also include:
1)All facllities required in the approved Kukui'ula Water Master Plan for the proposed
project
Prepare and convey to the Department of Watcr a Right-of-Entry and Temporary Grant of
Easement for the purpose of construction,repalr,mamtenance and operation of the
subdivision water system improvements installed in other than County-owned property.
If a bond is filed,to secure final subdivision approval,the subdivider shall clearly letter thc
following on the approved constructlon plans,final subdlvision map,and deeds:
"Domestic water service vvill not be available until the required construction improvements for
this subdivision are completed and accepted by the Department of Water,County of Kaua'i."
This deed restrlction shall be rccorded with the Bureau of Convcyances wlthln ninety (90)
days of final subdivislon approval by the Planning Department.
Installatlon of servlce connections will not be required until a request for water servlce is made.
The applicant for service will be charged the applicable service connection charges at that rime.
Other (or remarks):
D
D
B
D
D
a
If the subdivider causes a delay in the service connectlon instaUation after one y'ear
a
a
a
D
a
D
D
a
w^May12,2022 SL'BUMSIOX RF.PORT N0.S-2022-3
Jason Kagimoto,P.E.
Engineering Division
Water Resources and Planning Section
Date
S-2022-3,Final,T-21828,W'hiptaU WaUaby LLC,2-6-018-027
r r
DAVID Y.IGE
GOVERNOR OF HAWAK
ELIZABETH A.CHAR,M.D
DIRECTOR OF H&S.LTH
DATE:
TO:
FROM:
STATE OF HAWAII
DEPARTMENT OF HEALTH
3040 Umi St Lihue
Hawaii 96766
Tuesday,April 5,2022
Kenneth Estes,Planner,County ol'Kauai
John Kolman,DBA
District Environmental Health Program Chief
SUBJECT:Whiptail Wallaby,LLC S-2022-3
The Department approves the consolidation oflot 68 and 27 into lot 72.This approval is limited
to the scope ofthe submittal and does not confer any approvals to build,modify or make any
land improvements.
Ifnew information is tound or changes are made to your submittal,we reserve the right to
implement appropriate environmental health restrictions as required.Should there be any
questions on this matter,please get in touch with the Department ofHealth at 808-241-3323
We recommend that you review all ofthe Standard Comments on our website:
httosV/health.hawaii.eov/eDO/home/landuse-olannine-review-oroeram/Any comments specitically
applicable to this or a future project(s)should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist)created by the Built Environment Workine Group (BEWG)ofthe Hawaii State
Department ofHealth.The BEWG recommends that state and county planning departments,
developers,planners,engineers,and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects.We also ask you to share this list with others to increase community awareness of
healthy community design.