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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. 2 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. 4 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. 5