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HomeMy WebLinkAboutSUB April 12 2011 minutes KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING April 12, 2011 The regular meeting of the Planning Commission Subdivision Committee was called to order by Vice Chair Camilla Matsumoto, at 8:17 a.m. at the Lihue Civic Center, Mo'ikeha Building, in Meeting Room 2A-213. The following Committee members were present: Mr. Hartwell Blake Ms. Camilla Matsumoto Absent and excused: Mr. Jan Kimura Discussion of the meeting, in effect, ensued: APPROVAL OF THE AGENDA On motion made by Herman Texeira and seconded by Camilla Matsumoto, to approve the agenda, motion carried unanimously by voice vote. On motion made by Hartwell Blake and seconded by Camilla Matsumoto,to approve Subdivision Committee minutes of 2/8/11, 2/22/11, and 3/22/11,motion carried unanimously by voice vote. GENERAL BUSNESS MATTERS There were no general business matters. COMMUNICATIONS There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Tentative Subdivision Action, S-2011-18 =Kukui`u la Development Company (Hawai`i), LL C, 5-lot Subdivision, TMK: 2-6-015:010, 011; 2-6-006:002, Kukui`ula, Kauai. Staff Planner Dale Cua: Thank you Madam Chair. In this proposal the subdivision consolidates 3 existing lots within the Kukui`ula Master Plan area and re-subdivides into a total of 5 lots. As represented by the applicant the intent of the proposal is one, to create a larger Prince Kuhi`6 Memorial Park that is identified as lot(d) on the subdivision map. The subdivision map is also posted on the board; lot(d) is here. I will go ahead and explain the subdivision but too, it re-defined the boundaries between the existing Kukui`ula Shopping Village parcel identified as lot 10(a), the shopping village is noted here on the Subdivision map. And then the last thing is it breaks down the larger residential zoned parcel such that the resulting lots may be developed independently, these resulting lots are identified as lots 11(a), I I(b), and I I(c) as noted on the Subdivision map, I I(a) is here, this is I I(b), and right in the middle is 11(c). Chair: I would like to call the applicant up. Mr. Lindsey Crawford: Good morning Commissioners, for the record Lindsey Crawford, Kukui`ula Development Company. Chair: Do you have any comments you would like to share? Mr. Crawford: No, Dale has accurately represented the map action. Mr. Blake: Mr. Crawford, you do have a drainage plan. Mr. Crawford: Yes. Mr. Blake: How will the runoff affect Kukui`ula Park? Not Kukui`ula, Kuhi`d Park? Mr. Crawford: Actually it will not change it at all. We plan to do no improvements to the Prince Kuhi`6 Park it is basically going to be a conveyance of land with a little removal of some of the non-native species and some signage. So it really doesn't change at all. Mr. Blake: So drainage off of these new lots will not impact Kuhi`6 Park. Mr. Crawford: Correct, nothing is changing from the current condition. Chair: Any other questions? I would like to hear a motion to approve. Mr. Blake: So moved. Chair: Second, all those in favor, action has been approved. On motion made by Hartwell Blake and seconded by Camilla Matsumoto, to grant tentative Subdivision approval for 5-2011-18, motion carried unanimously by voice vote. Tentative Subdivision Extension Request, 5-2008-21 =Princeville Prince Golf Course, LLC, 20-lot Subdivision, TMK: 5-3-006:001, 014, Princeville, Kauai. Subdivision Committee Minutes April 12,2011 2 Staff. Thank you Madam Chair. A little bit of background on the Subdivision and also contained in the staff report, the Subdivision establishes a total of 20 lots within the Ag. and Open zoning districts. The Subdivision was granted final Subdivision approval by the Planning Commission on February 23, 2010. The applicant is requesting an extension to complete the Subdivision infrastructure improvements. The request has been routed to the various reviewing agencies and there were no objections to the extension request. As a result the department is recommending that the extension be approved to February 23, 2012 subject to a condition that I noted on the staff report and the condition reads, "The applicant shall have the construction plans recertified to assure that the construction standards identified in the plans are current and submit an updated cost estimate to the reviewing agencies for review and approval. The bond for the improvements shall be adjusted according to the updated construction cost estimate." Chair: Any comments? Mr. Blake: I noted in the Subdivision agreement in paragraph(d) on page 2, that a irrevocable standby letter of credit in the amount of 5 million, 450 thousand dollars has been posted. As I understand it that is to cover the cost of the improvements if the developer doesn't complete them. Staff. Correct. Mr. Blake: Who decides how much it is going to cost to finish this? Staff. What we would do is the County would do an assessment as far as what improvements have been made based on the construction plans and evaluate a percentage of the completion. So for example if the cost is 5.4 million and say 20% of the improvements have been made then the remaining 80%, this bond amount should be able to cover the remaining improvements. Mr. Blake: So the County has sprinkled its holy water on this. Staff. Right, actually the bond amount is actually an inflated amount in the event that the contractor fails to perform. The number there should be enough to cover the improvements. Mr. Blake: What is the status of the payment of required fees? Staff: All fees need to be paid prior to final subdivision approval. Mr. Blake: They haven't been paid yet. Staff. No, they have been so this application got final Subdivision approval one year ago and as I mentioned in order to get final Subdivision approval all government fees are paid prior to final. Chair: I would like to call the applicant up. Subdivision Committee Minutes April 12,2011 3 Mr. Max Graham: Good morning Subdivision Committee. I am Max Graham. I represent the applicant, Princeville Prince Golf Course, LLC. Chair: Do you have any comments? Mr. Graham: No, the condition for the recertification is fine. Actually the main work on this property is a main road, access road, which has been graded pretty much completely at this point. The next step is to put in the underground utilities and the materials are on order and should be delivered so that has to be done and then paving so the applicant is proceeding along those lines with that work. And Mr. Blake,just to answer your question, typically what the developer has to do, the subdivider, is to provide the County with an estimate of the completion costs and the subdivider's engineer works up the costs based on the work that has to be completed based on the construction plans. Then the Department of Public Works as to all the road infrastructure has to review and approve those costs and my experience is typically the subdivider gives the department a cost estimate and the department may play with it, may approve it but typically adds another 10% or so just as a contingency just to make sure that the bond will cover all the costs. Mr. Blake: Thank you. Chair: Do you have any questions? I would like to hear a motion. Mr. Blake: Move to approve 5-2008-21, Princeville, Kauai for tentative Subdivision extension. Chair: Second, all those in favor,the motion has been passed. On motion made by Hartwell Blake and seconded by Camilla Matsumoto,to grant Tentative Subdivision Extension for 5-2008-21, motion carried unanimously by voice vote. ADJOURNMENT This portion ended at 8:21 a.m. Respectfully Submitted. Lani L. Agoot Commission Support Clerk Subdivision Committee Minutes April 12,2011 4