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Home My WebLink About2015-1-27 Subdivision Committee Minutes (2) DRAFTKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING January 27, 2015 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Committee Chair Jan Kimura, at 8:43 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A -213. The following Commissioners were present: Mr. Jan Kimura Mr. Louie Abrams Mr. Sean Mahoney The following staff members were present: Planning Department — Kenneth Estes, Duke Nakamatsu; Deputy County Attorney Ian Jung CALL TO ORDER Chair Kimura called the meeting to order at 8:43 a.m. ROLL CALL Staff Planner Kenneth Estes noted three committee members were present and there was quorum. APPROVAL OF AGENDA On the motion by Sean Mahoney and seconded by Louie Abrams to approve the agenda, the motion carried by unanimous voice vote. MINUTES of the meeting(s) of the Subdivision Committee Minutes of November 25, 2014 Minutes of December 9, 2014 On the motion by Sean Mahoney and seconded by Louie Abrams to approve the minutes, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD There were no items for the record. V:A2015 Master Files\ Commissions \Subdivisions \2015 -1 -27 Subdivision Committee Minutes HEARINGS AND PUBLIC COMMENT There was no public testimony. GENERAL BUSINESS MATTERS None UNFINISHED BUSINESS None NEW BUSINESS (For Action) Tentative Subdivision Action: Subdivision Application No. 5- 2015 -06, Christopher White & Robert White, Proposed 2 -lot Development Centers, LLC., Proposed 11 -lot Subdivision, TMK: (4) 3 -3- 003:046, Subdivision, TMK: (4) 2 -8- 018:024, Weliweli, Koloa, Kauai, Mr. Estes read the planner's evaluation into the record (on file). Yolanda Cabral representing the applicant stated that her clients are agreeable to the conditions. She had no questions or comments. On the motion by Sean Mahoney and seconded by Louie Abrams to approve, the motion carried by unanimous voice vote. Subdivision Application No. S- 2015 -07, Property Development Centers, LLC., Proposed 11 -lot Subdivision, TMK: (4) 3 -3- 003:046, Lihue, Puna, Kauai. There were no comments or concerns from Commissioners regarding the report. Laurel Loo representing the applicant stated that they have two concerns. Regarding the workforce housing statement, the workforce housing ordinance refers its applicability to residential and resort projects. She noted this is not a resort or residential project. It is a commercial development. She requested that the condition be struck. Mr. Jung replied that the condition is perfunctory; it shows a letter from the Housing Director stating it is not applicable. If the Housing Director makes a determination that it is not applicable, they can file a letter with the Planning Department. Ms. Loo noted that at the beginning of the project, they already had that letter delivered by the Housing Director. She will follow up with Housing. 2 V:A2015 Master Files\ Commissions \Subdivisions \2015 -1 -27 Subdivision Committee Minutes Ms. Loo stated that one of the lots is not owned and will not be owned by the same applicant and it may be impossible to require them to give an access easement. On Condition H, she requested inserting the language: "The applicant shall use all commercially reasonable efforts to establish and access easement ". Mr. Estes replied that they can amend the conditions. Ms. Loo added she really appreciates working with Mr. Estes; he is very responsive and helpful. On the motion by Sean Mahoney and seconded by Louie Abrams to approve with the amended conditions, the motion carried by unanimous voice vote. Subdivision Application No. S- 2015 -08, Fred A. Duvanen /Gloria T. Rudol o, Proposed 3- lot Subdivision, TMK: (4) 1 -3- 008:009, Kekaha, Waimea, Kauai. There were no comments or concerns from the Commission regarding the report. Yolanda Cabral representing the applicant stated that she has read the report and offered no comments. On the motion by Sean Mahoney and seconded by Louie Abrams to approve, the motion carried by unanimous voice vote. Subdivision Extension Requests Subdivision Application No. S- 2012 -12, Jean E. Nadatani, Proposed 2 -lot Subdivision, TMK: (4) 2 -5- 003:006, Lawai Homesteads, Koloa, Kauai. There were no concerns or comments from Commissioners regarding the report. Dennis Esaki representing the applicant stated that although they will try to work on it within the time frame requested, they would like to ask for one year so they don't have to keep coming back. They are also working on dedication of land to the County and State. Akemama Road is very narrow. The Department of Health comments refers to development of a waste water treatment, but this action would be just boundary lines and does not particularly state that they will develop. They are working it out with the Department of Health. Mr. Estes noted they gave the applicant 6 months to comply because this subdivision should be on its second extension request, however this is the first. They are giving the applicants 6 months to come in with a status report to the department and for the Commissioners to review. Mr. Esaki requested a one year extension with a status report in 6 months. Commissioner Abrams moved to amend the condition to one year. V:A2015 Master Files\ Commissions \Subdivisions \2015 -1 -27 Subdivision Committee Minutes Chair Kimura questioned Mr. Estes if he agreed to which he replied yes. On the motion by Louie Abrams and seconded by Sean Mahoney to approve as amended, the motion carried by unanimous voice vote. Subdivision Application No. 5- 2013 -08, Princeville Prince Golf Course, LLC., Proposed 9- lot Subdivision, TMK: (4) 5 -3- 006:025, Kalihikai, Kauai. Chair Kimura recused himself from this application. Vice Chair Mahoney requested comments from staff. Mr. Estes replied that the additional time is being requested to comply with the conditions and requirements of tentative approval. The applicant is working with the various reviewing agencies in determining the required infrastructure improvements for this subdivision. Max Graham representing the applicant requested that the extension be effective for one year and that they be allowed to come back in 6 months, on July 27, to report on the progress. They need to resolve issues with the Department of Water. When resolved they will still need to file an SMA permit. Attorney Jung stated the Department is proposing a 6 month extension and the applicant is requesting one year with a 6 month status report. He noted that Mr. Estes expressed concern that they may be setting precedence with the extension. The Commission can go with either the Department's recommendation or the applicant's request. On the motion by Louie Abrams and seconded by Sean Mahoney to approve the one year extension, the motion carried by unanimous voice vote (2:0) Final Subdivision Action Subdivision Application No. 5- 2006 -12, Visionary, LLC. dba Lihue Land Co., Proposed 7- -21, Ross L. /Cynthia K. Link, Proposed 2 -lot lot Subdivision, TMK: (4) 3 -7- 003:020, Hanamaulu, Lihue, Kauai. Consolidation, TMK: (4) 4 -7- 007:002, 003, Kealia, Kawaihau, Kauai. There were no questions or concerns from the Commissioners regarding the report. Clyde Kodani representing the applicant stated they have no comments or concerns regarding the report. On the motion by Sean Mahoney and seconded by Louie Abrams to approve, the motion carried by unanimous voice vote. Subdivision Application No. 5- 2013 -21, Ross L. /Cynthia K. Link, Proposed 2 -lot Consolidation, TMK: (4) 4 -7- 007:002, 003, Kealia, Kawaihau, Kauai. M V:A2015 Master Files\ Commissions \Subdivisions \2015 -1 -27 Subdivision Committee Minutes Laurel Loo representing the applicant stated she has read the Director's report and has no comments or concerns. On the motion by Louie Abrams and seconded by Sean Mahoney to approve, the motion carried by unanimous voice vote. ADJOURNMENT Chair Kimura adjourned the Committee meeting at 9:02 a.m. Respectfully submitted by: Duke Nakamatsu, Commission Support Clerk 5 V:A2015 Master Files\ Commissions \Subdivisions \2015 -1 -27 Subdivision Committee Minutes