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HomeMy WebLinkAboutpc sd minutes 3-12-13 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING March 12, 2013 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Committee Chair Jan Kimura, at 8:38 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. Jan Kimura Mr. Herman Texeira Absent and excused: Mr. Hartwell Blake Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Kimura called the meeting to order at 8:38 a.m. APPROVAL OF AGENDA On the motion by Herman Texeira and seconded by Jan Kimura to approve the agenda, the motion carried by unanimous voice vote. MINUTES-Meetings of February 12, 2013 & February 26, 2013 On the motion by Herman Texeira and seconded by Jan Kimura to approve the minutes of February 12, 2013 and February 26, 2013, the motion carried by unanimous voice vote. PUBLIC COMMENT FOR LISTED AGENDA ITEMS There were no public comments on listed agenda items. . GENERAL BUSINESS MATTERS None 1 V:A2013 Muster PilesV Commissions\SubdivisionsA2013-3-12 Subdivision Committee Minutes AR 0 ,9 201 COMMUNICATIONS None UNFINISHED BUSINESS Stipulated Decision and Order between Kealia Properties LLC and the County of Kauai Rescinding final Subdivision Map Approvals for S-2006-45 & S-2006-46 Kealia Pro ep rtieS LLC. (formerly Plantation Partners Kauai LLC/Kealiakealanani) Deputy County Attorney Jung stated that as a procedural matter they need to formalize the rescinding that was voluntarily agreed to by the developer. They worked out a consolidated stipulated findings of fact, conclusions of law, and decision and order. The document waives the contested case and allows for a voluntary rescinding of the final subdivision approval. The two properties will go back to their original two lots. Chair Kimura questioned the taxes. Deputy County Attorney Jung stated that is a separate matter that is under litigation. Greg Kamm, representing the applicant, stated that the taxes in the past are being litigated. He was not aware of the status but was optimistic that it would be settled. Once the parcels go back to two parcels they will be taxed. In the interim, they have dedicated virtually all the 2,000 acres so they will be taxed as dedicated land. Their attorneys drafted the Decision and Order. On the motion by Herman Texeira and seconded by Jan Kimura to accept and approve the stipulated findings of fact and conclusions of law, the motion carried by unanimous voice vote. NEW BUSINESS Tentative Subdivision Extension Requests: S-2006-12=VisionarvLLC . 5-lot Subdivision TMK• 3-7-03020 Hanariaulu Kauai Staff Planner Kenneth Estes read the Director's report into the record(on file). Cormnissioner Texeira stated that one project is the Schuler Homes project, and the other is the five block subdivision that encompasses the 112 lot subdivision. He questioned the location of the other lots. Staff Planner Dale Cua stated that all of the properties are located in Hanamaulu, referenced as the Hanamaulu Triangle. This property is situated at the intersection of Kuhio 2 V:A2013 Master PilcsA Commissions\Subdivisions\2013-3-12 subdivision Committee Minutes Highway and Kapule Highway, mauka of Kapule Highway and adjacent to King Kaumuald School. This application is being subdivided into five lots and one of the resulting lots will be further subdivided into 115 lots. Commissioner Texeira questioned the total acreage of the 5-lot subdivision. Mr. Cua stated that the overall property is 59.8 acres. Clyde Kodani and Robert Bruhl, representing D.R. Horton stated that they had no concerns or objections on the Director's report. Mr. Bruhl expressed their gratitude to the Department and Commission for entertaining the extensions and stated that they are grateful to have the opportunity to try to move the project forward. On the motion by Herman Texeira and seconded by Jan Kimura to approve Tentative Subdivision Extension request for 5-2006-12, Visionary LLC, the motion carried by unanimous voice vote. S-2006-24=Visionary LLC 115-lot Subdivision TMK• 3-7-030.20 Hanamaulu Kauai Mr. Estes read the Director's report into the record (on file). Clyde Kodani and Robert Bruhl representing D.R. Horton stated that they had no concerns on the Director's Report. Mr. Bruhl requested clarification on the extension for the small lot that would run through March of 2014 and the large lot only runs through November. He noted that if the large lot were to expire, the small one would automatically expire as well. Mr. Cua asked for clarification that they are requesting to have both applications with the same expiration date. Mr. Bruhl stated that if it is the pleasure of the Committee, they would be able to continue to address them together. They are creating the large lots in 5-2006-12 and then taking one of the pieces and further subdividing it into small lots. Mr. Cua stated that if it is the goal to have both applications share the expiration date, the Department suggests amending the expiration date on the large lot subdivision to be consistent with this proposed date of March 28, 2014. Deputy County Attorney Jung stated that procedurally they would need a motion to reconsider the 5 lot Subdivision. 3 V:A20-13 Master PilesV Commissions ASubdivisions\2013-3-12 Subdivision Committee Minutes Mr. Cua stated that they would go back to reconsider the approval of S-2006-12 and propose an amendment to the expiration date. On the motion by Herman Texeira and seconded by Jan Kimura to approve S-2006- 24, as recommended by the Planning Department, the motion carried by unanimous voice vote. S-2006-12=VisionarvLLC., 5-lot Subdivision TMK• 3-7-03020 Hanamaulu, Kauai On the motion by Herman Texeira and seconded by Jan Kimura to reconsider agenda item D.La., the motion carried by unanimous voice vote. On the motion by Herman Texeira and seconded by Jan Kimura to amend the extension date of S-2006-12 to March 28,2014, the motion carried by unanimous voice vote. On the motion by Herman Texeira and seconded by Jan Kimura to approve S-2006- 12 as amended, the motion carried by unanimous voice vote. ADJOURNMENT Chair Kimura adjourned the Committee meeting at 9:0`U a.m. aectfully u tt ed by: Duke Nakamatsu, Commission Support Clerk 4 V:A2013 Master FilesVCommissionsASubdivisions\2013-3-12 Subdivision Committee Minutes