HomeMy WebLinkAboutsd 10-14-14 minutesKAUAI PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
October 14, 2014
The regular meeting of the Planning Commission Subdivision Committee of the County
of Kauai was called to order at 8:39 a.m., at the Lihu`e Civic Center, Mo`ikeha Building, in
meeting room 2A -213. The following Commissioners were present:
Ms. Amy Mendonca
Mr. Sean Mahoney
Mr. Jan Kimura
Absent and Excused:
Mr. Hartwell Blake
The following staff members were present: Planning Department --- Michael Dahilig,
Leslie Takasaki, Kenneth Estes; Office of Boards and Commissions --- Cherisse Zaima
Discussion of the meeting, in effect, ensued:
CALL TO ORDER
Mr. Kimura called the meeting to order at 8:39 a.m.
ROLL CALL
Staff Planner Kenneth Estes noted that there were three Commissioners present.
APPROVAL OF THE AGENDA
Mr. Estes recommended that item 2.d. be taken first.
On the motion by Amy Mendonca and seconded by Sean Mahoney to approve the
agenda as amended, the motion carried by unanimous voice vote.
APPROVAL OF THE MINUTES
Meeting _of July 8. 2014
On the motion by Sean Mahoney and Amy Mendonca to approve the meeting
minutes, the motion carried by unanimous voice vote.
RECEIPT OF ITEMS FOR THE RECORD (None)
HEARINGS AND PUBLIC COMMENT (None)
GENERAL BUSINESS MATTERS (None)
UNFINISHED BUSINESS (None)
NEW BUSINESS
Tentative Subdivision Action
S -96 -38 = nlauea Ventures, LLC. Road and Drainage Subdivision, Consolidation with
S- 2013 -20 to facilitate conditions pursuant to Z- IV- 2012 -7
Mr. Dahilig noted this is an unusual request given the time elapsed.. This subdivision was
initially meant to take the lot the post office is currently on, and create the road lot for the
proposed Kilauea bypass road included in the Kilauea Town Plan. One of the conditions of the
subdivision and the Class IV Zoning approvals, as part of the Kilauea Lighthouse Village project
that was approved by this Commission in 2012, was to meet the terms of S- 96 -38. The
Department is recommending a third extension to facilitate the terms and conditions of the Class
IV permit..
Lorna Nishimitsu, on behalf of Kilauea Ventures, was present stating there are no
concerns or objections. She clarified that they are not consolidating the lots, but are merging the
applications to allow them to complete detention basin requirements, and roadway improvements
imposed in connection with an older development.
Mr. Dahilig stated. the title holders of the previous subdivision application did provide
authorization. for Kilauea Ventures to act on their behalf.
Ms. Mendonca expressed her confusion that on the application it states Waipouli/Kapa`a,
to which Mr. Dahilig stated it is a typo. She stated it is her understanding this is to facilitate the
consolidation of the property to which Mr. Dahilig stated it's to facilitate the permit, not the
property. Mr. Kimura added in this particular case, the Hunt group is holding the applicant
hostage for their own gain, which is the reason for the lengthy time lapse; however, if they do not
comply, the project will never.be completed.
On the motion by Amy Mendonca and seconded by Sean Mahoney to approve the
Tentative Subdivision Action, the motion carried by unanimous voice vote.
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5- 2015 -02_ =_Julie Yamane andAmvPostma, Proposed 2 -lot Subdivision
Mr.. Estes read a summary of the Director's report into the record. (On file)
Dennis Esaki, representing the applicant, was present stating the recommendations is a
little more than expected, but he has yet to hear back from the owners. Also, they will need to
obtain a variance for the sidewalk as it is in a substandard area, noting that a short section of
sidewalk won't do any good.
Mr. Estes stated he believes the subdivision ordinance states if the applicant wants to
waive the sidewalk construction condition, it must be done at the time of tentative approval, or it
will become a variance.
Mr. Kimura asked whether the Commission can include something that states the
applicant can work it out with the department, or waive that condition. Attorney Jung stated if
the Commission wants to modify the conditions, it must be done during tentative approval, and if
they would like to defer it to work it out first, they can do so. Mr. Kimura asked if an approval
can be given with the condition that it can be worked out with the Department. Attorney Jung
stated no, explaining that any modifications must be done at tentative approval. If it goes to
final, it will have to go through the variance process.
Mr. Esaki asked whether they could still proceed with the variance process considering it
is only a two lot subdivision to which Mr. Kimura replied yes. Attorney Jung added the problem
with going the variance route is that it would have to go through the full agency hearing
procedures at the full Planning Commission, Mr. Esaki asked if the conditions could be
modified now to which Attorney Jung stated it is up to the Commission.
Ms. Mendonca stated there was a requirement from the State Health Department, and
asked if that was okay with the applicant. Mr. Esaki stated it calls for an additional engineer to
sign off, however that engineer is no longer in business. They will work through that.
Mr. Mahoney asked for clarification on the reason for the request to waive the sidewalk
requirement to which Mr. Esaki stated the whole area is substandard, and it would not make
sense to put in a short section of sidewalk there.
On the motion by Sean Mahoney and seconded by Amy Mendonca to approve the
tentative subdivision action with the modifications to the conditions, the motion carried by
unanimous voice vote.
Subdivision Extension Rgquest
5- 2012 -11 =Jon, Inc., Proposed 11 -lot Consolidation
Mr. Estes read a summary of the Director's report into the record.
Lorna Nishimitsu was present, accompanied by Wendy Kawaguchi of Jan, Inc.
Ms. Nishimitsu stated there are no questions or concerns with the Director's report, and
Shiramizu, Loo, and Nakamura are attempting to resolve language for agreements involving old
structures on the property that encroach into the County right -of -way and drainage easement.
On the motion by Amy Mendonca and seconded by Sean Mahoney to approve the
Subdivision Extension Request, the motion carried by unanimous voice vote.
S- 2012 -16 = The Saiki .Family Revocable Trust, Proposed 6 -lot Subdivision
Mr. Estes read a summary of the Director's report into the record. (On file)
Thomas Oi, surveyor for the applicant, was present stating they are presently getting
close to getting drainage approvals, and water meter construction approvals. Mr. Kimura asked
if the extension would allow enough time to complete to which Mr. Oi replied correct.
On the motion by Sean Mahoney and seconded by Amy Mendonca to approve the
Subdivision Extension Request, the motion carried by unanimous voice vote.
S- 2013 -22 = Chetyl Cowden Schenck, Proposed Kuleana Relocation
Mr. Estes read a. summary of the Director's report into the record. (On file)
Michael Schenck was present stating he has no concerns or questions with the Director's
report. Mr. Kimura asked if the extension would allow enough time to comply to which Mr.
Schenck replied yes.
On the motion by Sean Mahoney and seconded by Amy Mendonca to approve the
Subdivision Extension Request, the motion carried by unanimous voice vote.
Final Subdivision Action
S- 2013 -12 =John W.K. Driver & Teresa S. Driver
Mr. Estes read a summary of the Director's report into the record. (On file)
Roger Caires, representing the applicant, was present stating there were no questions or
concerns with the Director's report.
On the motion by Amy Mendonca and seconded by Sean Mahoney to approve the
Final Subdivision action, the motion carried by unanimous voice vote.
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S- 2014 -14 — Lance & Ann Akama Trust /Michael M. Akama & David Y. Akama, Proposed
2 -lot Boundary Adjustment
Mr. Estes read a summary of the Director's report into the record. (On file)
Yolanda Cabral, representing the applicant, was present stating there were no questions
or concerns with the Director's report.
On the motion by Sean Mahoney and seconded by Amy Mendonca to approve the
Final Subdivision Action, the motion carried by unanimous voice vote.
ADJOURNMENT
Mr. Kimura adjourned the meeting at 9:04 a.m.
Respectfully submitted by:
Chensse Zaima
Commission Support Clerk
O Approved as circulated (add date of meeting approval).
() Approved as amended. See minutes of meeting.
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