Posted on: Thursday, June 28, 2001

Kaua'i panel OKs cultural parcels in subdivisions

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — Developers could create separate parcels for heiau and other cultural sites under a proposal unanimously approved by the Kaua'i Planning Commission.

The measure, approved Tuesday, was developed during the discussion of public access through subdivisions to shorelines, mountain recreation areas and other sites.

One of the issues involving sites with important cultural features is that there may be a desire for public access to areas that are privately owned, such as an archaeological site on one lot of a subdivision.

In one recent Kaua'i case, the buyer of a parcel found that the presence of a heiau on the land made it virtually impossible to build a home on the property.

LaFrance Kapaka, a former member of the state burial council for Kaua'i and Ni'ihau who is active in Native Hawaiian affairs, said it benefits both the private property owner and the public to avoid such potential conflicts.

"I'm just totally against having it be owned by someone who has no connection to it and no need for it," she said.

She suggested that developers be allowed to set aside cultural sites as unique parcels. Thus, a property normally qualifying for five residential lots would be permitted six lots: the five residential parcels and the cultural piece.

The commission did not recommend who should own the cultural piece.

The commission adopted the penalty-free subdivision concept, and will send the recommendation to the Kaua'i County Council.

Councilman Bryan Baptiste had asked the commission to review its public access rules for subdivisions, and to consider making public accessways to recreational and cultural areas mandatory in all subdivisions.

Planning Commission member Jay Furfaro said the commission already has the power to require dedications of public access easements, and in some situations might not want to require them.

He said that when nearby accessways are already available, or the dedication of land for public access increases the cost of low-income housing projects, they might not be necessary.

The commission will recommend to the County Council that it be required to consider public access issues for all subdivisions, but retain the flexibility not to require them if there is good cause not to.