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KAUAI PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
November 12,2013
The regular meeting of the Planning Commission Subdivision Committee of the County
of Kaua`i was called to order by Committee Chair Jan Kimura at 8:38 a.m., at the Llu`e Civic
Center,Mo`ikeha Building,in meeting room 2A-2B. The following Commissioners were
present:
Mr. Jan Kimura
Mr.Herman Texeira
Mr.Hartwell Blake
The following staff members were present: Planning Department—Leslie Takasaki,
Kenneth Estes, Dale Cua; Office of Boards and Commissions—Cherisse Zaima;Deputy County
Attorney Ian Jung
Discussion of the meeting,in effect,ensued:
CALL TO ORDER
Chair Kimura called the meeting to order at 8:38 a.m.
ROLL CALL
Staff Planner Kenneth Estes noted that there were three Commissioners present.
APPROVAL OF THE AGENDA
On a motion by Herman Texeira and seconded by Hartwell Blake to approve the
agenda,the motion carried by unanimous voice vote.
APPROVAL OF THE MINUTES
Meeting of October 8,2013
On a motion by Herman Texeira and seconded by Hartwell Blake to approve the
minutes of the October 8,2013,meeting,the motion carried by unanimous voice vote.
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RECEIPT OF ITEMS FOR TIRE RECORD
There were no items for the record.
PUBLIC COMMENT FOR LISTED AGENDA ITEMS
There were no public comments on listed agenda items.
GENERAL BUSINESS MATTERS
There were no general business matters.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS (For action)
Tentative Subdivision Action:
5-2014-05=Princeville Mauka Villa¢e, LLC 2-lot Subdivision
Mr. Estes read the staff report into the record. (On file)
Mr. Blake asked if this restricts further subdivision of this particular ag lot to which Mr.
Estes replied no,because it is for utility purposes.
Brian Hennesy, on behalf of the applicant,was present.
(Mr. Kimura recused himself from this item.)
On the motion by Hartwell Blake and seconded by Herman Texeira to approve the
tentative subdivision action,the motion carried by unanimous voice vote.
Tentative Subdivision Action:
5-2014-06 Point One Investments,LLC Proposed 2-lot Subdivision
Mr.Estes read the staff report into the record. (On file)
Mr. Estes noted that due to a Department oversight,a condition relating to Ordinance 946
was inadvertently left out of this application. The new condition reads as follows:
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1. Requirements of the Planning Department
g. The applicant is subject to the requirements of Ordinance 946 as such,and prior to
final subdivision approval curbs, gutters, and sidewalks shall be constructed along
the frontage of the proposed lots along Melia Street subject to the design
specifications of the Department of Public Works and standards regulated by the
American Disability Act.
Brian Hennesy, on behalf of the applicant,requested clarification on the new condition,
noting that this property is at the end of a rural subdivision. Therefore,building a sidewalk
would not make much sense,but he is not familiar enough with the new ordinance and would
like further clarification.
Mr. Cua explained Ordinance 946 for the Commission's reference,noting that there is a
provision in the ordinance that if sidewalks are not feasible,the applicant can pay an in-lieu fee.
Mr. Blake asked who would then build the sidewalk to which Mr. Cua replied this
ordinance allows that the in-lieu fee would be kept in the CIP fund that can be used for other
projects on the island.
There was further discussion and clarification on Ordinance 946. Mr. Cua noted that
moving forward this would be a standard condition.
On the motion by Herman Texeira and seconded by Hartwell Blake to approve the
tentative subdivision action,the motion carried by unanimous voice vote.
Tentative Subdivision Action:
S-2014-07 Fox Gray LLC/Dan Errico Proposed 3-lot boundary adjustment
Mr. Estes read the staff report into the record. (On file) `
Mr. Kimura asked how many houses are currently on the property to which Mr.Estes
replied the property is vacant with one shed;there are no homes.
Max Graham and Brian Hennesy, on behalf of the applicant,were present.
Mr. Graham commented on the Department of Water requirement for off-site water
improvements, stating that since this is consolidation and subdivision of less than four lots where
no additional lots are being created it falls under the Kaneshiro ordinance that exempts
requirements for off-site infrastructure.
Mr. Cua clarified that is part of Ordinance 908,which is applicable to subdivision
applications involving four or less lots for boundary adjustments,which allows the Subdivision
Committee to override impositions of off-site infrastructure requirements.
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Mr. Jung suggested that if the Commission wishes to follow the ordinance,they would
need to amend 3.b.1 to reflect compliance with Ordinance 908,which would allow the applicant
to then reconcile the issue with the Department of Water, and have it addressed during final
review.
Mr. Texeira moved to approve the tentative subdivision action, seconded by Mr.Blake.
Mr. Jung reminded the Committee of the amendment to remove condition 3.b.1.
On the amended motion by Herman Texeira and seconded by Hartwell Blake to
approve the tentative subdivision action with the removal of Condition 3.b.1,the motion
carried by unanimous voice vote.
Subdivision Extension Request:
S-2006-49 Kaua`i Habitat for Humanity Proposed 8-lot subdivision
Mr.Estes read the staff report into the record.(On file)
Mr.Blake asked if there are any foreseeable issues that will be difficult to solve to which
Mr.Estes replied just the off-site improvements. Mr.Blake suggested they require status reports
every 8 months rather than just one prior to the expiration of the extension,which he feels will
encourage the applicant as well as Public Works to move forward.
Mr.Kimura asked if they will be able to complete the project by 2015, and questioned if
they could be given an additional year, especially considering it is a good cause.
Steven Spears,representing the applicant,was present.
Mr.Kimura asked the applicant if there were any objections to changing the extension
from two to three years to which Mr. Spears replied,no;he feels they will be able to complete
the project by 2016.
At the request of Mr. Texeira,W. Spears provided an update on the project,noting that
their NPDES permit is about to be advertised, a contractor is already in place; and they anticipate
work to start January 1.
Mr.Estes read the Department's amended recommendations into the record which
include the following changes:
• An extension until August 22,2016
• Addition of the word"Annual"to updated status report
On the motion by Herman Texeira and seconded by Hartwell Blake to approve the
subdivision extension request as amended,the motion carried by unanimous voice vote.
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Subdivision Extension Request
S-2011-19 Halalea Investment Co.LLCIPatricia Wilcox Sheehan Proposed 4-lot
consolidation
Mr. Estes read the staff report into the record. (On file)
Brian Hennesy, on behalf of the applicant,was present.
On the motion by Herman Texeira and seconded by Hartwell Blake to approve the
subdivision extension request,the motion carried by unanimous voice vote.
Modification of Requirement/Condition Action:
S-2005-49 Stefan Mandel Proposed 24ot subdivision
W.Estes read the staff report into the record. (On file)
Kurt Bosshard,representing the applicant stated they are seeking to create a safer access
onto the roadway.
On the motion by Herman Texeira and seconded by Hartwell Blake to approve the
modification of requirementicondition action,the motion carried by unanimous voice vote.
Final Subdivision Action:
S-2013-13 James E. Nishida Jr. ETAL. Proposed 2-lot boundary adjustment
W. Estes read the staff report into the record. (On file)
James Nishida, applicant,was present.
On the motion by Herman Texeira and seconded by Hartwell Blake to approve the
final subdivision action,the motion carried by unanimous voice vote.
ADJOURNMENT
Chair Kimura adjourned the Committee meeting at 9:15 a.m.
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Respectfully submitted by:
Cherisse Zaima
Commission Support Clerk
O Approved as circulated(add date of meeting approval).
O Approved as amended. See minutes of meeting.
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