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HomeMy WebLinkAboutsd 2-25-14 minutes [3-11-14]KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING February 25, 2014 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Committee Chair Hartwell Blake at 8:43 a.m., at the L1bu`e Civic Center, Mo`ikeha Building, in meeting room 2A -2B. The following Commissioners were present: Mr. Hartwell Blake Mr. Herman Texeira Ms. Amy Mendonca 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 Blake called the meeting to order at 8:45 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 Amy Mendonca to approve the agenda, the motion carried by unanimous voice vote. APPROVAL OF THE MINUTES Meeting of February 11, 2014 Mr. Estes requested the agenda be corrected to remove the minutes as the February 11, 2014 minutes are not available at this time. 1 4a W, RECEIPT OF ITEMS FOR THE 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. There was no unfinished business. NEW BUSINESS (For action) Tentative Subdivision Action: 5- 2014 -12= Kealoha and Kimberly Estrella, Proposed 2 -lot consolidation The Department's summary was distributed for the Committee's review. Mr. Cua noted anew condition e. has been added to Condition 1. Mr. Blake read the newly added condition into the record: The pole portion of proposed lot 12A shall be designated as a common access utility easement in favor of those lots that utilize the access easement and this provision shall be incorporated into the deed descriptions of the affected lots, draft copies of which shall be submitted to the Planning Department for review and approval. Mr. Texeira asked the planners to elaborate on that condition. Mr. Cua explained the purpose of the condition is to recognize that the pole portions are sandwiched between two existing access easements, and to ensure the abutting land owners can continue to use the easement for access and utility purposes. Mr. Blake asked if lots 2 & 3 are State, or privately owned to which Mr. Estes replied they are privately owned. Ms. Mendonca asked whether the land -owner had any objections to the condition to which Mr. Cua replied no, and explained that usually when a land owner acquires any land from the State, one of the terms of purchase is to go through the Subdivision process to consolidate the area being acquired. What is currently before the Commission is the terms the applicant needs to fulfill in order to acquire the railroad right -of -way. Mr. Blake asked who the railroad easement 2 belongs to. Mr. Jung replied it belongs to the State, and explained that though the County views railroad, ditch, and stream right -of -ways as easements, the State views them as lots of record. Therefore, should the land owner want to consolidate lots, any State owned easements present on those lots would be transferred to the land owner through a quit -claim type deed, and the land owner would then go through the subdivision process to consolidate the easements into that lot of record. Brian Hennessy of Honua Engineering, representing the applicant, was present. Mr. Hennessy stated for clarification that the land owners can only purchase the abutting portion of the right -of -way, not the whole thing, which is why the application leaves the piece next to lot 2 and 3 in limbo; it would be up to the abutting land owners on either side whether they want to purchase that from the State. On the motion by Herman Texeira and seconded by Amy Mendonca to approve the tentative subdivision action as amended with the inclusion of Condition Le., the motion carried by unanimous voice vote. Final Subdivision Action 5- 2013 -17= County offaua'i, Department of Water, Proposed 2 -lot Subdivision Mr. Estes provided a recap of the Director's report. (On file) Mary Lou Kelly of Oceanit, representing the applicant, was present. On the motion by Herman Texeira and seconded by Amy Mendonca to approve the final subdivision action, the motion carried by unanimous voice vote. ADJOURNMENT Chair Blake adjourned the Committee meeting at 9:03 a.m. Respectfully submitted by: 1­_� Cherisse Zaima Commission Support Clerk {) Approved as circulated (add date of meeting approval). {) Approved as amended. See minutes of meeting.