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HomeMy WebLinkAbout21015sdcMinKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING February 10, 2015 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order by Committee Vice Chair Sean Mahoney at 8:41 a.m. at the Lihue Civic Center, Moikeha Building, in meeting room 2A -2B. The following Commissioners were present: Mr. Louis Abrams Mr. Sean Mahoney Absent and excused: Mr. Jan Kimura The following staff members were present: Planning Department — Kenneth Estes, Duke Nakamatsu; Deputy County Attorney Ian Jung CALL TO ORDER Vice Chair Mahoney called the meeting to order at 8:41 a.m. ROLL CALL Staff Planner Kenneth Estes noted there were two committee members present and there was quorum. MINUTES of the meetinj!(s) of the Subdivision Committee Minutes of January 27, 2015 On the motion by Louis Abrams and seconded by Sean Mahoney to approve the minutes, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD Communication from Deputy Planning; Director. Dee Crowell, requesting. reconsideration of Tentative Subdivision Approval for subdivision application: Subdivision Application No. S- 2015 -07 PropeNty,Development Centers LLC Proposed I I - lot Subdivision. TMK: (4) 3- 3- 003:046, Lihue, Puna, Kauai a Mr. Estes stated Deputy Planning Director Dee Crowell is requesting reconsideration to reinstate condition I.H. of the report. Laurel Loo representing the applicant stated they have read the proposed conditions. She noted they were not involved in the negotiations that lead to it being placed on the agenda. They were notified by Mr. Jung that it would be on the agenda. Dennis Esaki, surveyor for the project, stated that in looking at Kulcui Grove and Kukui Grove Village, the whole area is subdivided with flag lots and there are a bunch of parking lots. There should be no access problems. The remainder lot which is of concern is abutting a roadway which meets the condition of touching the County road and there will be easements for access. He did not see access problems. The condition calls for working with the Department so he didn't see a problem. GENERAL BUSINESS MATTERS Tentative Subdivision Action (if Request for Reconsideration is granted) Subdivision Application No S- 2015 -07 Property Development Centers LLC Proposed 11 lot Subdivision, TMK: (4) 3- 3- 003:046 Lihue Puna Kauai Mr. Estes stated that in reevaluating the amendment to condition number I.H. the Department is requesting reconsideration of approval to amend for the following reasons: It is good planning practice to review a subdivision as a whole which includes planning and mitigating future impacts that a subdivision may have on the surrounding area. The commercial project is being evaluated as a whole despite being developed into two phases. This is to assure vehicular access to the project is properly addressed by taking into context the impact a subdivision may have to the surrounding area. The intent of the original condition is to assure access to phase one of the development from the roundabout. Phase one is considered the current construction at the project site that involves 1546A- 1546G. It is possible that access through Iot 1546J onto phase one of the development could be negated once the subdivision is finalized. The roundabout will not be property utilized to serve the whole development and could present future traffic impacts along the street. It is the Department's preference to link the two phases and assure ingress /egress points are properly utilized. There will be a total of four ingress /egress points serving this development. The Department is recommending reconsideration of the committee's approval to amend condition number 1.H. and to reinstate the original condition with the following language to read: "Prior to final subdivision approval, the applicant shall work with the Planning Department to establish an access easement affecting lot 1546J and it shall resume from lot 1546K and provide a connection to lot 1546A. Furthermore the access easement shall be wide enough to accommodate two -way vehicular traffic." This provision shall be incorporated into the deed description of the affected lots of which draft copies shall be submitted to the P1amling Department for review and approval. Oa VA2015 Master Filos\ Coimnissions \Subdivisiows12015 -2 -I0 Subdivision CoCmnittee Minutes Mr. Jung noted that if the body wants to reconsider, a motion has to be made first, then they can go back to the item and review whether or not to amend condition 1.H. On the motion by Louis Abrams and seconded by Sean Mahoney to reconsider, the motion carried by unanimous voice vote. Mr. Abrams questioned if there were any easements that would allow the public to go through phase two to get to phase one. He sees the accesses off of Kaumualii Highway, off the roundabout, and one further by the YWCA. He didn't see anything that would ensure it. Mr. Jung noted this is a tentative approval. As part of the final approval process they will have to present easements or work with the Department to identify an area for an easement. The problem is phase one is owned by one corporation and phase two is owned by another. The goal of the Department is to facilitate proper ingress and egress from the roundabout, not only to phase one but to future phase two so people can circulate through that area. Mr. Abrams stated they approved what was recommended by the applicant's attorney as commercially reasonable. That is troubling enough to want to ask for reconsideration to work with the Planning Department. He agreed that it better be worked out because he didn't want to hear from the public somewhere down the road that they can't go through phase two in order to get to the other side of the project. He sees the only easement that looks like they could get to the other side is the one on the eastern side of the property labeled as AU 1 and he doesn't even know if that is a road. Mr. Esaki stated he thinks that it is sufficient to work with the Department in resolving the access conditions. Mr. Jung noted that the concern with the term "commercially reasonable" is if they negotiated $100,000 but only wanted to pay $50,000 because they say it wouldn't be commercially reasonable to pay that amount, it could prohibit future access. Mr. Abrams agreed that it could be declined and we would be left with no solution. Mr. Abrams stated he would hope that whatever is agreed that it is freely accessible from any side because it would benefit everybody; whether they come off Kaumualii Highway to get to phase two, or come in the other way to get to phase one. An internal system would be fine. On the motion by Louis Abrams and seconded by Sean Mahoney to accept the staff's recommendation, the motion carried by unanimous voice vote. There was no public testimony. ADJOURNMENT Vice Chair Mahoney adjourned the Committee meeting at 8:55 a.m. 3 VA2015 Master Files\ Commissions \Subdivisions120 1 5 -2 -1 0 Subdivision Committee Minutes Duke Nakamatsu, Commission Support Clerk 9 VA2015 Master Files\ Commissions \Subdivisions\2015 -2 -10 Subdivision Committee Minutes