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HomeMy WebLinkAbout2015-3-24SubdivisionCommitteeMeeting (2) webKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING March 24, 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 8:36 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A -213. The following Commissioners were present: Mr. Sean Mahoney Mr. Louis Abrams 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 8:36 a.m. ROLL CALL Staff Planner Kenneth Estes noted two committee members were present constituting a quorum. APPROVAL OF AGENDA On the motion by Louis Abrams and seconded by Sean Mahoney to approve the agenda, the motion carried by unanimous voice vote. MINUTES of the meeting(s) of the Subdivision Committee (None) RECEIPT OF ITEMS FOR THE RECORD (None) HEARINGS AND PUBLIC COMMENT There was no public testimony. GENERAL BUSINESS MATTERS (None) V:A2015 Master Files\ Commissions \Subdivisions \2015 -3 -24 Subdivision Committee Minutes UNFINISHED BUSINESS (None) NEW BUSINESS (For Action) Tentative Subdivision Action: Subdivision Application No. S- 2015 -09, George Tsukamoto, et. al. Proposed 2 -lot Subdivision, TMK: (4) 4 -6- 010:004 por., 005 por., 035, 036, Kapaa Homesteads, Kauai, Mr. Estes stated that the primary intent is to consolidate a portion of a pipeline right of way and a ditch right of way from the State of Hawaii with the applicant's abutting property. It is unclear whether parcel 35, proposed lot 187a, and parcel 36, proposed lot 187b are two lots of record. Prior to tentative subdivision action, the applicant shall provide documentation that addresses this issue. Once resolved the Department recommends approval with agency requirements. Dennis Esaki representing the applicant stated that they are two parcels separated by two more parcels; one a ditch right of way and one a pipe right of way. The applicant has an easement over the right of ways from the State and is in the process of purchasing the right of ways. Parcels 35 and 36 are under separate ownership. They are requesting tentative approval subject to providing proof of ownerships as opposed to waiting. Attorney Jung noted that it is a ditch stream and railroad right of way issue where it is an open question as to whether or not it is an easement or a fee lot. The County was at odds with the State's interpretation. It primarily affected the agricultural district and not necessarily the residential district. In this case they have the ability to subdivide and create two new lots of record. The State will provide a quitclaim deed asserting interest in the property without identifying whether or not it is a fee lot. They can come in and do the consolidation without having to say what ownership status that ditch or stream lot /easement may be. The State will consolidate it and put a condition that they still have to go through the County subdivision process. The subdivision makes sure that the two new created lots are up to County standard. Mr. Estes stated that upon tentative approval the Department will work with the applicant in resolving the issue. Vice Chair Mahoney questioned if that satisfies the Department's concern to which Attorney Jung replied it's more of a concern when dealing with the ag district because of the one -time subdivision restriction where you can't further subdivide. In the residential districts if there is space to create the subdivision it's not that big of an issue as long as it meets the standards. On the motion by Louis Abrams and seconded by Sean Mahoney to approve, the motion carried by unanimous voice vote. 2 V:A2015 Master Files\ Commissions \Subdivisions \2015 -3 -24 Subdivision Committee Minutes Subdivision Application No. S- 2015 -10, Kenneth C. Medeiros & Timothy M. Medeiros, Proposed 2 -lot Subdivision, TMK: (4) 2 -7- 005:015, Omao, Koloa, Kauai Mr. Estes stated that the proposed development establishes two lots within the residential district. He noted that the applicant was unable to attend the meeting. Vice Chair Mahoney asked if there were any concerns to which Mr. Estes replied there PAWOW44 Attorney Jung questioned if the applicant was okay with the tentative condition to which Mr. Estes replied he forwarded the report to the applicant and he had no objections. On the motion by Mr. Abrams and seconded by Sean Mahoney to approve, the motion carried by unanimous voice vote. Final Subdivision Action Subdivision Application No. S- 2011 -21, Kukuiula Development Co. (Hawaii) LLC., Proposed 33 -lot Subdivision, TMK: (4) 2 -6- 019:022, 023, 024, Koloa, Kona, Kauai Mr. Abrams asked for an update on the provisions of the tentative approval. He questioned the progress on the 20 acre park to which Lindsay Crawford, representing the applicant, replied that the community park is a process they have been working on for a long time. The planning process needs to go through a bit more and they are probably looking at 2017 before they are in a mode to construct it. There is an affordable housing project across Poipu Road that might lend some impetus to bring the two projects along together. Mr. Abrams questioned the dedication of easements over all of the project's bicycle and pedestrian ways to the County to which Mr. Lindsay stated that he can provide a progress exhibit that shows some of the trails that have been built but not yet dedicated. They come piecemeal with each of the subdivisions. This particular subdivision doesn't have a place where there is a public trail going through it. Mr. Abrams questioned how they plan to dedicate the trails and whether it will be done at the very end to which Mr. Lindsay replied they have not yet dedicated any easements to the County. Many are private roadways that will have the entire roadway dedicated as a public easement. It is a process they need to get into with the County to formally dedicate. Attorney Jung noted that the process would be to go to Council for approval because of the indemnification provisions. V:A2015 Master Files\ Commissions \Subdivisions \2015 -3 -24 Subdivision Committee Minutes Mr. Abrams noted that the provision states prior to final subdivision map approval the applicant shall meet with the Planning Department to resolve the applicable requirements of the sections of the Ordinance. Attorney Jung asked whether there were any trails on this subdivision to which Mr. Crawford noted there were none. Mr. Jung noted that on the new ones that come through, under the new Administrative Rules, any public pedestrian access will have to go through the Open Space Commission for identification on where the easement should go. In a subdivision context they have to configure lots to maximize the density. Mr. Abrams questioned if this provision will be on every subdivision and if it will be woven into subdivisions that are already built to which Mr. Crawford replied that there is an exhibit showing the concept of how the trails would work. Some have changed noticeably. To actually create them and dedicate them on the map has not worked so they executed a path and trails declaration with the County that outlines a different process where they come in not as a prerequisite but during the mapping process and shortly thereafter create the easements. The formal dedication is yet to go. Attorney Jung noted that it is a relatively new concept in terms of mauka access. For makai access it is a little more involved where there is an SMA application before the Commission. Mr. Abrams questioned the dedication of a 20 foot wide lateral public beach access along the Kukuiula Bay shoreline to which Mr. Crawford replied that it is in the same 2017 timeframe as the community park. They need to meet with the public and discuss what needs to be developed. Mr. Abrams questioned the shoreline recreation resources and if the easement was ever acquired to which Mr. Crawford replied that the County couldn't perfect trying to acquire the easement they were looking at so they paid the County an in lieu fee. Attorney Jung pointed out that the access through the former Hoban property that was before the Open Space Commission never materialized so the monies based on the EIA fees lapsed and went to Poipu Beach Park improvements. Mr. Abrams noted that condition IF states that prior to final subdivision approval the applicant shall disclose whether the lots will be further developed and if so the layout may be revised. He questioned if this is the revision to which Mr. Crawford replied this is the final subdivision map. Mr. Abrams stated that he was not quite sure why the condition was there relating to unique shaped lots to which Mr. Crawford replied there were some long slender lots in this subdivision. They worked with the Department to adjust the lots to make sure they meet the lot width ratios. M VA2015 Master Files\ Commissions \Subdivisions \2015 -3 -24 Subdivision Committee Minutes Mr. Abrams questioned drainage revisions. He noted that is a continual source of discussion and sometimes the drainage backs up along Lawai Road. Mr. Crawford noted this subdivision is not the Lawai Channel. This goes through the center of golf course area and the drainage there is working fine. Mr. Abrams noted that 2E says that all interior roadways shall remain private. He questioned where they would get into what is interior and what is not to which Mr. Crawford replied this subdivision only crates one or two small residential roadways, the same as Kukuiula. Attorney Jung noted they worked on the 20 acre park agreement and questioned the status to which Mr. Crawford stated he thinks it has been reviewed by the Parks Department but he is not sure if it was actually executed. Attorney Jung stated that they will follow up on it. Mr. Abrams stated that with the two main parks there was dedication of some and there was a maintenance issue. He would curious to follow up. On the motion by Louis Abrams and seconded by Sean Mahoney to approve, the motion carried by unanimous voice vote. ADJOURNMENT Vice Chair Mahoney adjourned the Committee meeting at 9:03 a.m. Respectfully submitted by: r ' Duke Nakamatsu, Commission Support Clerk 5 VA2015 Master Files\ Commissions \Subdivisions \2015 -3 -24 Subdivision Committee Minutes