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HomeMy WebLinkAboutSubdivision 062816 MinutesKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING June 28, 2016 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order at 8:31 a.m., at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A -2B. The following Commissioners were present: Mr. Louis Abrams Mr. Kimo Keawe Mr. Roy Ho The following staff members were present: Planning Department -- Dale Cua, Chance Bukoski; Deputy County Attorney Jodi Higuchi - Sayegusa; Office of Boards and Commissions — Commission Support Clerk Darcie Agaran Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Abrams called the meeting to order at 8:31 a.m. ROLL CALL Chair Abrams: Roll call, please. Staff Planner Chance Bukoski: Chair Abrams? Chair Abrams: Here, Mr. Bukoski: Commissioner Keawe? Mr. Keawe: Here. Mr. Bukoski: Commissioner Ho? Mr. Ho: Here. Mr. Bukoski: Three (3) present. Chair Abrams: Okay. APPROVAL OF AGENDA Chair Abrams: Approval of Agenda. I need a motion. Mr. Keawe: Move to approve the agenda. Mr. Ho: Second. Chair Abrams: Okay. Any discussion? If not, all those in favor say aye. (Unanimous voice vote) Motion carries 3:0. MINUTES of the meeting(s) of the Subdivision Committee Regular Meeting of June 14, 2016 Chair Abrams: Next we have the minutes of the meeting of June 14`x'. Anybody have any comments, changes, or motion to approve or deny? Mr. Ho: Motion to approve the minutes. Mr. Keawe: Second. Chair Abrams: There's a motion to approve and seconded. All those in favor say aye. (Unanimous voice vote) Motion carries 3:0. RECEIPT OF ITEMS FOR THE RECORD (None) Chair Abrams: Do we have anything to receive for the record today? Any additional? Mr. Bukoski: None, Chair Abrams: None. HEARINGS AND PUBLIC COMMENT Chair Abrams: Okay. And then Hearings and Public Comment. Is there anyone here from the public who would like to comment on any of the subdivision applications that are here? If not, we'll move on. GENERAL BUSINESS MATTERS (None) Chair Abrams: We have no General Business Matters. 2 UNFINISHED BUSINESS (None) Chair Abrams: We have no Unfinished Business, NEW BUSINESS (For Action) Tentative Subdivision Approval Subdivision Application No. S- 2016 -21; FTHHAWAI `I PROPERTIES LLC; Proposed 2- parcel Subdivision; TMK: (4) 4 -3 -08:04 & 4 -3- 09:47; Kalaheo, Kauai Chair Abrams: New Business. Tentative Subdivision Approval. FTH Hawaii Properties LLC, proposed 2- parcel subdivision, TMK: (4) 4 -3 -08:04 and 4 -3- 09:47, Waipouli, Kauai. Subdivision report, please. Mr. Bukoski: Good morning, Commissioners and Chair. Consideration of Subdivision Application No. S- 2016 -21 that involves a consolidation of two (2) parcels into one (1) lot. Our evaluation is the proposed development consolidates two (2) existing parcels into one (1) lot within the General Commercial Area. We have received all comments from agencies, and we are requesting tentative approval. Chair Abrams: Okay, any questions for the Planner? If not, could the applicant come up? Or a rep? Clyde Kodani: For the record, Clyde Kodani, authorized agent for the owner. I don't have any ... we have no objections to the Staff s report, and do you have any questions? Willing to answer them right now. Mr. Keawe: Clyde, how long has ... is this a new application just recently filed? Or is it continuing from something? Mr. Kodani: This is a first -time application, yes. Chair Abrams: Okay. Anything, Roy? No questions? If not ... you have no problem with the conditions of the consolidation? Then, any other last questions? Or a motion to approve or...? Mr. Keawe: Move to approve tentative Subdivision Application No. 5- 2016 -21, FTH Properties Hawaii LLC. Mr. Ho: Second. Chair Abrams: That's a motion and a second to approve. Discussion? If not, those in favor say aye. (Unanimous voice vote) Motion carries 3:0. Thank you. Mr. Kodani: Thank you. 3 Subdivision Application You see those are right in No. S- 2016 -22; 6VELK RESORTS; Proposed 2 -lot subdivision; says construction debris, its 33, and 34 is also around that. It looks like where the old trailer was. TMK: (4) 2 -8- 14:008 & 034; K61oa, Kauai Chair Abrams: The next item is tentative subdivision approval. Application No. S- 2016 -22, Welk Resorts, proposed 2 -lot subdivision, TMK: (4) 2 -8- 14:008 and 034. Subdivision report, please. Mr. Bukoski: Consideration of Subdivision Application No. S- 2016 -22 that involves the consolidation of two (2) lots into one (1) lot and a cancellation of two (2) easements. The Planning Department's evaluation, proposed development consolidates two (2) existing lots into one (1) lot and the cancellation of two (2) existing easements within the Residential Zoning area. We have received all comments from agencies and we are requesting tentative approval. Chair Abrams: Alright. Any questions for our Planner? Comments? Let's see. And which easements are cancelled? Mr. Bukoski: Easement 33 and 34. Chair Abrams: Okay. You see those are right in the middle where the...where it says construction debris, its 33, and 34 is also around that. It looks like where the old trailer was. Staff Planner Dale Cua: Yes. Chair Abrams: Okay. Mr. Keawe: Is this the Kiahuna property? Chair Abrams: Yes, it is. It is right at the corner of Kiahuna Plantation Drive and Po`ipu Road. Mr. Keawe: Okay. Mr. Ho: I have a question. Chair Abrams: Go ahead. Mr. Ho: When the easements are cancelled, it becomes part of the property? The (inaudible)? Mr. Bukoski: Correct, Chair Abrams: I believe at one time they were actively marketing this property as condos after they had obtained their permit, so they put a trailer in, along with the other property; it's called Pili Mai up there. And when that didn't work out, that trailer stayed there and they didn't utilize it, and I believe what is happening is that easement is being retired, shall we say, because at this point right now, they own the property; they bought it. Welk came in and bought it from...1 forgot who it was, the previous owner. 4 Mr. Cua: Right. Mr. Keawe: The entire parcel? Chair Abrams: Yes, the entire parcel. Mr. Keawe: Okay. Chair Abrams: Okay. Any questions for the Planner? If not, the applicant, please. Good morning, Dennis. Dennis Esaki: Good morning. Dennis Esaki for the record. This property is, like the Chairman said, is at the intersection of Kiahuna Plantation Drive and Po`ipu Road, across the Po`ipu Village Shopping Center; Keoki's and Roy's. I have some comments on the Staff recommendation. The Department of Water comment showed that no FRC is required, so it should not be a condition. I recommend that the condition be changed to just comply with Department of Water conditions. This consolidation of the two (2) lots was part of the project from the beginning. As Louis said, it was ... they got a Class IV Zoning Permit maybe 10 years ago. It may have been a part of the project, you know, that they said they're going to consolidate it. The present owner took over the entitlements and the conditions when they bought the property. The consolidation may be tied in with the development, but the construction of improvements should not be a condition of this consolidation because they have a plan for constructing all this sewer, water, and everything. And I just wanted to make sure that that's not ... this consolidation is part of the whole project, but the whole project is not, you know, shouldn't be a prerequisite of this consolidation. I think it says in here that we got to do the improvements. I just wanted to clarify that. So we request approval for those changes. Mr. Keawe: I have one (1) question, Dennis. What was the reason for cancelling the easements? Mr. Esaki: They're actually amending it. Mr. Keawe: They're amending? Mr. Esaki: When they amending, you know, just change the roadway, so actually, instead of saying "changing the roadway ", we cancel this and create a new one. Mr. Keawe: Okay. Alright, Mr. Cua: Chair, I can address the applicant's concerns regarding the improvements. His point is valid in regards to the improvements. The only improvement that's required as part of this consolidation action would be the construction of the curbs, gutters, and sidewalk. In terms of the waterline requirements, surveying the property, as well as the roadway improvements, yeah, that will be addressed during,. at the time the property is being developed. In terms of the improvements along the roadway, we just wanted to get assurances, you know, and the applicant, you know, can secure those improvements, say, through a subdivision agreement, but we just 5 wanted to assure that those improvements would be done as part of the overall development for the project. Chair Abrams: Because this is part of a bigger project when they did all that, does the improvement of that intersection right now, which is somewhat congested because there's no storage.. . Mr. Cua: Right. Chair Abrams: (Inaudible). Does that take place on this end? Or the zoning side? Mr. Cua: That's always a valid question because the intersection improvements, it's a consolidated effort to address the traffic for that particular area, so it's a regional improvement and if I remember the discussions sometime back, I believe each project would contribute to the overall improvement for that area, so it's not just tacked on to one (1) particular developer. Chair Abrams: Okay, Mr. Cua: And those improvements can be coordinated with the County in tenns of the timing is concerned. Mr. Ho: Dale, what is the zoning for this property? Mr. Cua: This particular property is zoned Residential District (R -10). There are some pockets on the northern half that's zoned Open, I believe, but the general property is zoned Residential District. Mr. Keawe: I had a question. Dale, is ... can you verify that ... Dennis said that Department of Water did not require an FRC charge. Is that...? Mr. Cua: Yes. We did check their subdivision report to the Department and they noted in their report that it was not applicable. Mr. Keawe: Okay. So subject to approval that needs to be stricken as a condition. Mr. Cua: That, or it can just be ironed out through the process. In the end, in order for the applicant to get final subdivision approval, the applicant needs to address all of the requirements of the various agencies, so in this particular case if there is no FRC charge, they wouldn't need to pay anything. Chair Abrams: Were there any Public Works comments? Mr. Bukoski: No, no comment. Mr. Esaki: Can I say something? With regards to the improvements along the roadway, just along the property line going up Kiahuna Plantation Drive, there's this rock berm, which is a Cl historic railroad grade, so I just want to make sure, you know, that sidewalk requirements doesn't interfere with that. Mr. Cua: Right. I'm sure it probably has to be coordinated with all the proper agencies in terms a motion and a second for tentative subdivision approval for of trying to fulfill that requirement, and if it's necessary. Mr. Esaki: Thank you. Chair Abrams: Okay. Any other questions for Staff or the applicant? If not, I'll entertain a motion. Mr. Ho: Motion to tentative subdivision approval, Welk Resorts, No. S- 2016 -22, 2 -lot subdivision, TMK: (4) 2- 8- 14:008 and 034. Mr. Keawe: Second, Chair Abrams: No. Okay, there's a motion and a second for tentative subdivision approval for Application No. S- 2016 -22, Welk Resorts. Mr. Esaki: Mr. Chairman? Chair Abrams: Yes. Mr. Esaki: It's a 2 -lot consolidation. Chair Abrams: 2 -lot consolidation. Okay, so for subdivision application, Welk Resorts, proposed 2 -lot consolidation of Parcel 008 and 034. All those in favor say aye. (Unanimous voice vote) Opposed? (None) Motion carries 3:0. Thank you, Dennis. Final Subdivision Map Approval Subdivision Application No. 5- 2013 -23; ROYK. & BEVERLY S. b1ORITA; Proposed 6- lot Subdivision; TMK: (4) 4 -6- 006:017, 019, and 020; Kapa`a, Kauai Chair Abrams: Okay, moving on. Final Subdivision Map Approval. Roy K. and Beverly S. Morita, Subdivision Application No. 5- 2013 -23, proposed 6 -lot subdivision, Tax Map Key (4) 4- 6- 006:017, 019, and 020, Kapa`a, Kauai. Planner, Mr. Bukoski: Subdivision of Lot 71 -A, being all of the Grants 7517 and S- 14707, Kapa`a Homesteads, First Series into Lots 1 to 8, and inclusive and designation of Easement AU -1 at Kapa`a, Kawaihau, Kauai, Hawaii. Evaluation. It should be noted that Waiakea Road is an unimproved roadway. The applicant shall be made aware that further development of the subject property may require improvements to the unimproved roadway and there should be a "No Access" restriction along the Waiakea Road until it is improved with all- weather surface roadway pavement. Additionally, it should be noted that this property is subject to the one -time subdivision limitation for parcels within the Agriculture District, per Section 8- 7.4(a) of the 7 Comprehensive Zoning Ordinance, Kauai County Code (1987). We have received all comments from the agencies and all comments have been met, so we are requesting final approval. Chair Abrams: Thank you, Chance. Any questions for the Planner? If not, is the applicant here? Dennis. Mr. Esaki: Good morning, again. Dennis Esaki. This subdivision is four (4) miles above Kapa`a High School on Kawaihau Road. It's creating six (6) Ag lots and two (2) road - widening lots to be dedicated to the County. The applicant has met all the conditions and it's ready for ag use, so we humbly request approval. Chair Abrams: Okay. Any questions for Dennis? If not, a motion. Mr. Keawe: I move to approve final subdivision map approval, Subdivision Application No. S- 2013-23, proposed 6 -lot subdivision, Kapa`a, Kauai. Mr. Ho: Second, Chair Abrams: Okay, there's a motion and a second to approve Application No. S- 2013 -23 for final subdivision approval, Roy and Beverly S. Morita, proposed 6 -lot subdivision, TMK: (4) 4- 6- 006:017, 019, and 020. Any discussion? If not, all those in favor? (Unanimous voice vote) Opposed? (None) Motion carries 3:0. Thank you, Dennis. Mr. Esaki: Thank you. Chair Abrams: Final's been approved. Subdivision Extension Request Subdivision Application No. S- 2015 -11; ALANR. & SANDRA MATSUMOTO; Proposed 2 -lot Subdivision; TMK: (4) 2- 4- 14:027: Kalaheo. Kauai Chair Abrams: Last, Subdivision Extension Request. Subdivision Application No. S- 2015 -11, Alan and Sandra Matsumoto, proposed 2 -lot subdivision, Tax Map Key (4) 2- 4- 14:027, Kalaheo, Kauai. Planner. Mr. Bukoski: A little bit about the background. The proposed development is identified as Lot 26 -H Kalaheo Meadows II Subdivision. It establishes a total of two (2) lots. The subdivision application was granted tentative approval by the Planning Commission on April 14, 2015, and the applicants' request is the first extension of the tentative approval. The subject property is adjacent to the existing Kalawai Park in Kalaheo and situated along the northeast portion of Kalawai Park. The applicant is in the process of obtaining bids for the construction of the water meter /fire hydrant and will construct such facilities that were required �; by the Department of Water. The property is County Zoned Residential District (R -2) and is surrounded by Residential parcels. Some progress about the project. In considering the applicant's request, it is noted that the proposed development will require an extensive amount of improvements on -site and it is uncertain as to when the required infrastructure improvements will be completed. Granting the applicant a time extension would allow them to resolve the foregoing, as well as the remaining requirements with the various reviewing agencies in order to receive final subdivision approval. The applicant has been working diligently to address the various requirements of the project and the primary delay in the project has been attributed to obtaining bids for the construction of the project. Based on the foregoing circumstances, the applicant's reasons are justifiable and no problems are foreseen in granting the extension request. The Department of Public Works and Water have no objections to this request. However, the applicant shall be made aware that in further considering extension requests involving the proposed development, the applicant shall submit to the Planning Department an updated status report on the subdivision in order to justify further extension requests. The status report should be submitted to the Planning Department no later than sixty (60) days prior to the expiration date. The Planning Department's recommendation. It is recommended that an extension until April 141 2017 be granted to obtain the final subdivision approval. However, the applicant is made aware that an updated status report on the subdivision with a detailed time chronology on the progress of the tentative approval requirements shall be submitted to the Planning Department for review for further extension requests. The status report shall be submitted to the Planning Department no later than sixty (60) days prior to the expiration date. Chair Abrams: Okay. Any questions for our Planner? No? Applicant. Thank you. Yolanda Cabral: Hi. Good morning. Yolanda Cabral on behalf of the applicant. Chair Abrams: Any questions for...? Mr. Keawe: Yes. Real quick, the April 14, 2017 deadline, are you confident you can make it? Ms. Cabral: Yes. Hopefully yes. If not, I'll be back. (Laughter in background) That should give them about ten (10) months to do the construction and go through the process. Chair Abrams: Okay. You're okay, then, with the condition requests the sixty (60) day report prior to ... if you need another extension? Ms. Cabral: Yes. 0 Chair Abrams: Okay. Mr. Ho: Motion to grant subdivision extension request, Alan and Sandra Matsumoto, No. S- 2015-11, Tax Map Key (4) 2 -4- 14:027. Mr. Keawe: Second. Chair Abrams: Okay. We have a motion and a second to approve. Any discussion? If not, all those in favor say aye. (Unanimous voice vote) Motion's approved 3:0. Thank you. Ms. Cabral: Alright, thank you. Chair Abrams: And let's see. Being no further business, Subdivision Committee meeting is adjourned. Thank you. Mr. Bukoski: Thank you. ADJOURNMENT Chair Abrams adjourned the meeting at 8:53 a.m. Respectfully submitted by: Commission Support Clerk {) Approved as circulated (add date of meeting approval). {) Approved as amended. See minutes of meeting. 10