Loading...
HomeMy WebLinkAboutsd 1-8-13 minutes KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING January 8, 2013 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Committee Chair pro tern Herman Texeira, at 8:34 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. Herman Texeira Ms. Camilla Matsumoto Absent and excused: Mr. Hartwell Blake Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Texeira called the meeting to order at 8:34 a.m. APPROVAL OF AGENDA On the motion-by Camilla Matsumoto and seconded by Herman Texeira to approve the agenda,the motion carried by unanimous voice vote. APPROVAL OF MINUTES—Meeting of December 11.2012 On the motion by Camilla Matsumoto and seconded by Herman Texeira to approve the Subdivision Committee meeting minutes of December 11, 2012, 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 There were no general business matters. 1 V:\2013 Master Files\Commissions\Subdivisions\2013-1-08 Subdivision Committee Minutes FEB 12 2013 COMMUNICATIONS There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS (For Action) Tentative Subdivision Action: S-2013-05 =Kenneth A Souza Trust/Kenneth Souza,fr 3-lot Subdivision TMK: 2-7-006- :006, 129, Omao, Kauai Staff Planner Kenneth Estes read the staff report into the record (on file). He noted that the subdivision layout does not comply with the requirements of Section 8-3.6(a) (3) of the County Zoning Ordinance,therefore prior to final subdivision approval, the applicant shall obtain a variance permit for the proposed subdivision layout. Chair Texeira clarified that the applicant will need to obtain a variance permit. Staff Planner Dale Cua stated that it is further recognized in Condition 1.F. of the subdivision report. He met with the applicant's representative, Roger Caires, and they understand that they need to follow up with a variance permit. There was no public testimony. On the motion by Camilla Matsumoto and seconded by Herman Texeira to approve tentative subdivision action for S-2013-05,Kenneth A. Souza Trust/Kenneth Souza Jr., TMK 2-7-006:006 and 129 in Omao, Kauai, the motion carried by unanimous voice vote. S-2013-06 =Jasper Properties LL C 2-lot Boundary Adjustment TMK: 4-5-012:019, 044, Kapaa, Kauai Mr. Estes read the staff report into the record(on file). Commissioner Matsumoto questioned if this is the property at the end of Kapaa with the shops and crafts. 2 V:\2013 Master Files\Commissions\Subdivisions\2013-1-08 Subdivision Committee Minutes Mr. Cua clarified that the property is two lots up from Scotty's BBQ. There is a concrete slab on the property and some vendors. They are consolidating the former railroad right of way that is being sold to all of the adjacent land owners. Chair Texeira stated that the railroad was developed in the plantation days. He was not aware that the right of way acquisition was still ongoing. He questioned if a lot of the property owners abutting the right of way have purchased the right of way. Mr. Cua noted that this is the 5 t or 6th application for those property owners that are acquiring the right of way dating back to the late 90s. Chair Texeira asked for clarification that the right of way is adjacent to the bike path. Mr. Cua noted that the right of way is between the parcel and the bike path. Once consolidated, the property will abut the bike path. Some of the business owners utilize the right of way for parking. He noted that the applicant's representative, Roger Caires, was not available. There was no public testimony. On the motion by Camilla Matsumoto and seconded by Herman Texeira to approve tentative subdivision action for S-2013-06,Jasper Properties, LLC, TMK 4-5-012:019 and 044, Kapaa, Kauai, the motion carried by unanimous voice vote. S-2013-07 =Kukuiula Development Company, 16-lot Subdivision, TMK: 2-6-019:032, Kukuiula, Kauai Mr. Estes noted a correction to the evaluation section of the subdivision report; the Ordinance number should be PM-2004-370. He read the staff report into the record(on file). Lindsay Crawford representing Kukuiula Development Company stated that they agree with all of the conditions, but requested a modification to Condition number 2B requiring curbs, gutters, and sidewalks be installed on subdivisions that involve RR10 or R10 zoning area, to not require the curbs, gutters, and sidewalks in this particular subdivision. This subdivision happens to fall or straddle the resort area. Their understanding is that Ordinance is intended for commercial areas, resort projects, and residential projects that have a density of R4 or higher. Although the zone is RIO they are actually putting in less than four units per acre. Their desire is to have a rural feel in this neighborhood like the rest of the residential neighborhoods throughout Kukuiula. They are requesting the Commission's permission to modify the requirement for this subdivision which is not a commercial entity. Chair Texeira requested staff comments. Mr. Cua stated that typically in a modification of requirement, the procedure is no different for a variance permit. In granting a modification or variance they need to consider 3 VA2013 Master Files\Commissions\Subdivisions\2013-I-08 subdivision Committee Minutes whether the request is unique and doesn't set precedence for other developments throughout the island. Initially, the Department's feelings were that they would like to stick to their requirement considering the Legislation for Complete Streets with sidewalk requirements involving zoning where the density is R4 or greater. At the same time, this development is unique in that there is a trail master plan for the entire development. Because of the special circumstance with the fact that there are trails throughout the project and have been identified in the initial entitlements for the project back in 2004, the Department would support the applicant's request for modification. -Commissioner Matsumoto questioned the location of the trails on the map. She has been through the property to the clubhouse which is excellent for walking. The model home area did not have any sidewalks. Mr. Crawford stated that they have been working towards developing the public trail systems that run from mauka to makai. This particular neighborhood does not fall into the area where there are public trails. It is an isolated neighborhood. The trails that are proposed will be further to the east or further to the west. They are thinking that this neighborhood would have green belts that are the parkways and then the paved roads. Commissioner Matsumoto asked for clarification that the project site is on the hill-at an incline. Mr. Crawford stated that it is on a slight rise across the drainage,channel mauka of the plantation court area,the clubhouse area, but south of the proposed extension of Ala Kukuiula. He pointed out the paved pedestrian public ways without sidewalks, the dedicated sidewalks, and the proposed pathways to the coast on the map. Commissioner Matsumoto stated that her concern is that although the grass was beautiful it was mushy from the rain. She questioned the safety and the accessibility to the walking path. She noted that she didn't mind having to turn around and not being able to connect to the shoreline. Her concern was the area being naturally a big drainage area. She suggested mitigating the drainage. Mr. Crawford stated that they wouldn't really be walking on grass because there are swails. To cross the channel they will have to have some kind of hardened surface. Commissioner Matsumoto stated that her main concern is to have access by foot. Chair Texeira questioned if the Commissioners would be able to tour the area to have a visual. Mr. Crawford stated that they would be happy to share the planning concept and the project. Mr. Cua clarified that the project is unique because there is a trails master plan for the 4 V A2013 Master Cites\Commissions\Subdivisions\2013-1-08 Subdivision Committee Minutes entire development. In approving the modification of requirement, Condition 2B would be eliminated. Condition 2 C, D, E, and F would be renumbered accordingly. Commissioner Matsumoto requested indicating in the conditions that because it is a unique project with trails, that curbs, gutters, and sidewalks won't be required. Mr. Cua stated that they can recognize it in the approval letter. Chair Texeira summarized that they have proposed to eliminate Section 213, and the following conditions will be changed to reflect the elimination of B. Mr. Lindsay expressed his appreciation. There was no public testimony. Mr. Cua suggested that as part of the approval,staff would suggest also to reflect the approval of the modification of request. On the motion by Camilla Matsumoto and seconded by Herman Texeira to approve tentative subdivision action for 5-2013-07, Kukuiula Development Company Hawaii LLC, TMK 2-6-014:032,Kukuiula, Hawaii, including the modification of request as discussed, the motion carried by unanimous voice vote. ADJOURNMENT Chair Texeira adjourned the Committee meeting at 9:04 a.m. Respectfully submitted by: Duke Nakamatsu, Commission Support Clerk 5 V12013 Master Files\Commissions\Subdivisions\2013-1-08 Subdivision Committee Minutes