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HomeMy WebLinkAboutSubdivision082316MinutesKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING August 23, 2016 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order at 8:42 a.m., at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A -2B. The following Commissioners were present: Mr. Sean Mahoney Mr. Kimo Keawe Absent and Excused: Mr. Louis Abrams Mr. Roy Ho The following staff members were present: Planning Department — Chance Bukoski, Dale Cua; 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 Planning Commission Chair Mahoney called the meeting to order at 8:42 a.m. ROLL CALL Planning Commission Chair Mahoney, Okay, roll call. Staff Planner Chance Bukoski: Chair Mahoney? Chair Mahoney: Here, Mr. Bukoski: Commissioner Keawe? Mr. Keawe: Here. Mr. Bukoski: Commissioner Ho? Two (2) members present. APPROVAL OF AGENDA Chair Mahoney: Approval of Agenda. Mr. Keawe: Move to approve the agenda. Chair Mahoney: Second. Any discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carried 2:01 MINUTES of the meeting(s) of the Subdivision Committee Regular Meeting of f July 26, 2016 Chair Mahoney: Minutes of the Subdivision Committee Regular Meeting, July 26, 2016, Mr. Keawe: Move to approve regular meeting minutes of Subdivision Committee, July 26, 2016, Chair Mahoney: It's been moved and seconded. I'll second it. Moved and seconded. Any discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carries 2:0. The minutes are approved as read. RECEIPT OF ITEMS FOR THE RECORD (None) Chair Mahoney: Receipt of Items for the Record. None, I believe. HEARINGS AND PUBLIC COMMENT Chair Mahoney: Hearings and Public Comment. (Do) any individuals from the public want to testify on any agenda item at this time? Hearing none. Okay, moving on. GENERAL BUSINESS MATTERS (None) Chair Mahoney: General Business Matters. None, UNFINISHED BUSINESS (None) Chair Mahoney: Unfinished Business. None. NEW BUSINESS (For Action) Tentative Subdivision Approval RA Subdivision Application No. S- 2017 -1: JOANPORTER; Proposed 2 -lot Subdivision; TMK: (4) 5 -2 -017: 026 & 028; Hanalei, Kauai Chair Mahoney: New Business for Action. Tentative Subdivision Approval. Okay, we'll take a short break. We'll take a short recess for technical problems. The Committee recessed this portion of the meeting at 8:44 a.m. The Committee reconvened this portion of the meeting at 8:45 a.m. Chair Mahoney: Call the meeting back to order. Next order of business... Tentative Subdivision Approval. Subdivision Application No. S- 2017 -1, Joan Porter, proposed 2 -lot subdivision, TMK: (4) 5 -2- 017:026 and 028, Hanalei, Kauai. Our Planner is Chance for this. Could we have your report, please? Mr. Bukoski: Good morning, Commissioners. Consideration of Subdivision Application No. S- 2017-1 that involves a consolidation of two (2) lots (Boundary Adjustment). Evaluation. The proposed development consolidates two (2) existing lots within the Agriculture zoning area. We've received all comments from various agencies and we, the Planning Department, are recommending tentative approval. Chair Mahoney: Okay. Are there any questions for the planner? Is there a representative for the applicant present? No? Staff Planner Dale Cua: Chair, for the record, the applicant, or their representative, was emailed a copy of the Subdivision Application. Since emailing the Subdivision Report, there were no objections to the Subdivision Report for this particular application. Chair Mahoney: So the applicant has agreed to the conditions and...? Mr. Cua: Correct. Chair Mahoney: Correct? Mr. Cua: Yes, there were no objections to the requirements of tentative subdivision approval. Chair Mahoney: Alright, Mr. Keawe: That was by email? Mr. Cua: It was through email. Chair Mahoney: Attorney, do you have an opinion on this? Deputy County Attorney Jodi Hi cgu hi Sayegusa: Well, with no comment being received, I guess it's up to the Committee at this point if you want to wait for comments and to get that on record. 3 Otherwise, if they're apprised of the conditions and had no objections and they were apprised of the meeting today, you know, they could've come and voiced any objections on the record. So it's sort of up to your ... up to you folks. Mr. Keawe: So what you're saying is they were given an opportunity to comment, they commented via email, but did not come in, so they did snake comments; however... Ms. Higuchi Sayegusa: They have not, right? Mr. Keawe: They have not? Mr. Cua: They were provided opportunity to provide feedback on the requirements of the Subdivision Application, Mr. Keawe: Okay. So ... now, did they send any confinnation that said we don't have any comments? Ms. Higuchi Sayegusa: A receipt? Mr. Keawe: Or they just received the email? Mr. Cua: They received the email, yes. They were notified of the meeting date. Ms. Higuchi Sayegusa: I think in the past we have deferred items if they're not here. Mr. Keawe: Okay. Chair Mahoney: Okay. Is there a motion on the floor? Mr. Keawe: Move to approve Subdivision Application No. S- 2017 -1, Joan Porter, proposed 2- lot subdivision, Hanalei, Kauai. Chair Mahoney: I'm sorry, was that a motion to approve? Mr. Keawe: Move to approve... tentative approval of Subdivision Application No. S- 2017 -1, Joan Porter, proposed 2 -lot subdivision, Hanalei, Kauai. Chair Mahoney: You know what, I'm not going to second. I'm not going to second the motion. For my part, she should come in and clear up any ... I don't know if the email is sufficient. Mr. Cua: Just for the record as well, if the applicant objects to any of the requirements of the approval, they would have the opportunity to make their claim at the next available Planning Commission meeting as well. Chair Mahoney: Okay. Well... On agency comments, they're still outstanding? 0 Mr. Cua: It appears that we have received comments from the Department of Public Works, Department of Water, and the State Department of Health. Copies of the subdivision snap were also sent out to the State DOT. But with the exception of DOT, we have received comments from all agencies. Chair Mahoney: Okay. Is the Department satisfied with the...? Mr. Cua: Oh yes. We've had previous applications involving this particular parcel. Chair Mahoney: Okay. Alright. Mr. noticed in Cua: In this particular case, you know, it is a boundary adjustment between two (2) existing to be done prior to the final approval. lots, so there's no net gain in the amount of lots that's already there today. Chair Mahoney: Okay. Alright. In that case, if you want to make your motion, then.. . Ms. Higuchi Sayegusa: There is a motion on the floor. Mr. Keawe: The first one died for lack of a second. Chair Mahoney: Alright. Then I'll second that motion. (Laughter in background) All in favor? (Unanimous voice vote) The motion carries 2:0. Final Subdivision Map Approval Subdivision Application No. S- 2016 -7; FRANCIS ACOBA; Proposed 2 -lot Subdivision; TMK: (4) 2 -3- 04:06, Kalaheo, Kauai Chair Mahoney: Okay. Moving on to Final Subdivision Map Approval. Subdivision Application No. S- 2016 -7, Francis Acoba, proposed 2 -lot subdivision, TMK: (4) 2 -3- 04:06, Kalaheo, Kaua` i. Chance, I believe you're the planner on this, your report, please. Mr. Bukoski: Subdivision of Lot 105 -H, being a portion of the L.P. Grant 5519 to Joe A. Companario and the L.P. Grant 6467 to Eliza Moniz into Lots 105 -H -1 and 105 -H -2, and designation of Easement AU -A, Kalaheo Homesteads, K61oa, Kauai, Hawaii. Evaluation. The proposed subdivision establishes an additional lot within the Agriculture zoning district in Kalaheo. We've received all comments from the agencies and we, the Planning Department, are recommending final approval. Chair Mahoney: Okay. Any questions for the planner? Mr. Keawe: I noticed in the notes there was a ... in the tentative requirements, there was a flood study that was supposed to be done prior to the final approval. 5 Mr. Bukoski: Yes, Mr. Keawe: Has that been completed? Mr. Cua: Right. It was a requirement of the Department of Public Works. Since receiving tentative subdivision approval, the applicant has met the requirements of all agencies, and we have received an approval letter from the Department of Public Works. Mr. Keawe: Okay, Chair Mahoney: Alright. Is there a representative for the applicant present? Could you state your name for the record, please? Dennis Esaki: Morning, Dennis Esaki representing the owner. Mr. Keawe, for the record, the flood study has been done and noted on the final subdivision map. I'd like to thank Chance for working on this, as well as the other subdivisions. There's a lot of work going into even a small subdivision. Thank you. Chair Mahoney: Okay. And there's no ... all the conditions are agreeable with the applicant? Okay, thank you. Chair will entertain a motion. Mr. Keawe: Move to ... for final subdivision map approval, Subdivision Application No. S -2016- 7, Francis Acoba, proposed 2 -lot subdivision, TMK: (4) 2 -3- 04:06, Kalaheo, Kauai. Chair Mahoney: Second. It's been moved and seconded. Any discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carries 2:0. Thank you. Subdivision Application Mahoney: No. S- 2015 -15; proposed 2 -lot consolidation, WAIOLI SURF SHACK LLC; Proposed 2 -lot consolidation; TMK: (4) 5 -5- 005:011 & 012; Hanalei, Kauai Chair Mahoney: Okay, next order is Subdivision Application No. S- 2015 -15, Waioli Surf Shack LLC, proposed 2 -lot consolidation, TMK: (4) 5 -5- 005:011 and 012, Hanalei, Kauai. Could we have the report, please? Mr. Bukoski: Thank you, Chair. Consolidation of Lots 4 and 5, being a portion of Land Court Application No. 1469 Waipa Beach Lots into Lot 4 -A at Waioli, Hanalei, Kauai, Hawaii. The Evaluation. The proposed development involves a 2 -lot consolidation within the Open zoning district. Since the proposal does not create additional lots, it is exempted from the Environmental Impact Assessment Fee and Park Dedication Fee. We have received all final comments from agencies and we are recommending final approval. Chair Mahoney: Okay. Any questions for the planner from a committee member? Mr. Keawe: No. C1i Chair Mahoney: No? Is there a representative for the applicant present? Could you state your name for the record, please? Brian Hennessy: Good morning, Commissioners. My naive is Brian Hennessy. Here to represent the applicant, Waioli Surf Shack Holdings. Chair Mahoney: Okay. Are there any questions about conditions of approval? Mr. Hennessy: No. Chair Mahoney: Any questions for the applicant? No? Okay. Alright, the Chair will entertain a motion. Mr. Keawe: Move to approve Subdivision Application No. S- 2015 -15, Waioli Surf Shack LLC, proposed 2 -lot consolidation, TMK: (4) 5 -5 -005: 011 and 012, -4; Hanalei, WAIOLI SURF SHACK LLC; Proposed 2 -lot Kauai, Chair Mahoney: Okay. Second. It's been moved and seconded. Any discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) The motion carries 2:0. Thank you. Mr. Hennessy: Thank you. Subdivision Application No. S- 2016 -4; WAIOLI SURF SHACK LLC; Proposed 2 -lot consolidation; TMK: (4) 5 -5- 005:009 & 010, Hanalei, Kauai Chair Mahoney: Okay. Now we're going to go to Subdivision Application No. 5- 2016 -4, Waioli Surf Shack LLC, proposed 2 -lot consolidation, TMK: (4) 5 -5- 005:009 and 010, Hanalei, Kauai. Can we have the Subdivision Report from the planner? Mr. Bukoski: Thank you, Chair. Chair Mahoney: Thank you. Mr. Bukoski: Consolidation of Lots 2 and 3, Land Court Application No. 1469 into Lot 2 -A at Waipa, Halelea, Kauai, Hawaii. The Evaluation. The proposed subdivision consolidates two (2) existing lots into a single lot within the Open District in Hanalei Town. The applicant has met all government agencies' comments and we at the Planning Department are recommending final approval. Chair Mahoney: Okay, thank you. Any questions for the planner? Mr. Keawe: Chance, are these two (2) lots next to each other or in close proximity? Mr. Bukoski: Yes. 7 Mr. Keawe: Do you have the map? Mr. Bukoski: Yes. Mr. Keawe: I want to take one quick look. Mr. Cua: So in the previous application that received final approval, it's those lots to the west of the lot that's being created in this application, I believe. Mr. Keawe: Okay. Chair Mahoney: Okay. Mr. Keawe: And they have a certified shoreline as of December 15, 2014? Mr. Bukoski: Yes, sir. Mr. Cua: Sorry, it's to east. It's to the ... on the right side. Mr. Keawe: It's to the east? Mr. Cua: Yes. Mr. Keawe: It's on the right? Mr. Cua: On the right side. Mr. Keawe: It indicates certified shoreline as of December 15 "'. Mr. Cua: Correct, Chair Mahoney: Okay. Any further questions for the planner? Mr. Keawe: No, Chair Mahoney: Otherwise, will the representative for the applicant please come to the podium and state your name for the record, please? Mr. Hennessy: Yes, hi. Brian Hennessy for the applicant. Chair Mahoney: Okay. Any questions for the applicant? Mr. Keawe: So is this ... Brian, is this part of a building process eventually, or...? Mr. Hennessy: Yes. They are going to do a couple of residential homes on the property. El Mr. Keawe: Okay. That's it. Chair Mahoney: Okay. Do you understand the conditions and in agreement with the conditions set forth by the Department? Mr. Hennessy: Yes, I do. Chair Mahoney: Have any questions /concerns? Mr. Hennessy: No questions. Chair Mahoney: Okay. The Chair will entertain a motion. Mr. Keawe: Move to approve Subdivision Application No. 5- 2016 -4, Waioli Surf Shack LLC, proposed 2 -lot consolidation, TMK: (4) 5 -5- 005:009 and 010, Hanalei, Kauai, Chair Mahoney: Okay. Second. It's been moved and seconded. Any further discussion? Hearing none. All in favor say aye. (Unanimous voice vote) Opposed? (None) The motion carries 2:0. Thank you. Mr. Hennessy: Thank you. Subdivision Application No. S- 2013 -16; KUKUI'ULA DEVELOPAIENT CO. (HAWAI`I) LLC; Proposed 26 -lot Subdivision; TMK: (4) 2 -6- 015:014; K61oa. Kauai Chair Mahoney: Next order of business. Kukui`ula Development Co. Hawaii LLC, proposed 26 -lot subdivision, TMK: (4) 2 -6- 015:014, K61oa, Kauai. And the Planner is Chance, I believe. Mr. Bukoski: Thank you, Chair. Kukui`ula Parcel `A' Subdivision, Phase 1. Subdivision of Lot 14 -B of Kuleana Relocation Subdivision into Lots 1 through 26 situated at K61oa (Makai) and Lawa`i K61oa, Kona, Kauai, Hawaii. The Evaluation. The proposed development subdivides Lot 14 -B of Kukui`ula Residential Subdivision, Phase 1 into Lots 1 through 26. The project involves a total of nineteen (19) residential lots, three (3) remnant parcels, and four (4) roadway lots. The proposed development shall be subject to the applicable requirements and conditions of Ordinance No. PM- 2004 -379 and the EIA and Park Fees shall be credited, as specified by the ordinance. It is noted that the project is adjacent to the 2 -lot subdivision that is being processed through S- 2013 -4. A condition requires the provision of vehicular access from the Kukui`ula Master Plan Area, as opposed to Lawa`i Road, when the surrounding parcel is developed. Therefore, the applicant shall provide access to the two (2) lots being created through S- 2013 -4 as part of the infrastructure requirements for this development. We have received all, ..and the applicant has met all government requirements, and we at the Planning Department are recommending final approval. Chair Mahoney: Are there any questions for the planner from a committee member? E Mr. Keawe: No. I have a question for the applicant. Chair Mahoney: Is there a representative for the applicant? Could you state your name for the record,please? Lindsay Crawford: Good morning, Commissioners. For the record, Lindsay Crawford, Kukui`ula Development Co. Hawaii LLC. Dave Hutchinson: Good morning. Dave Hutchinson, Kukui`ula Development Co. Hawaii. Chair Mahoney: Okay. Have you read all (of) the conditions from the Planning Department? Mr. Crawford: Yes, and we agree with their. I think I might have heard you say nineteen (19) residential lots. It's actually eighteen (18). Just to snake the note of that, its eighteen (18) single - family residential lots for this snap. The rest of their are remnants and roadway lots. Chair Mahoney: Eighteen (18). So we'll make a correction on that? Mr. Bukoski: Yes. I'll make a correction on the letter. Chair Mahoney: Okay. Any other...? Mr. Keawe: So is it eighteen (18)? As far as the total? Mr. Crawford: It's a 26 -lot subdivision, but some of the other lots are remnants and roadway lots. But it's eighteen (18) single- family residential lots. Mr. Keawe: Eighteen (18) single - family residential lots? Mr. Crawford: Right, Mr. Keawe: Okay, got it. Chair Mahoney: Any questions? Okay. Mr. Keawe: One question, Chair. I noticed in the previous tentative approval there was the Conceptual Trail Plan. Can you tell me the status of that? Mr. Crawford: Yes. This subdivision does have a trail connection. It's one of the subdivisions that Kukui`ula has designed that does have a trail connection from one of the roadway lots, and we do have a Concept Trail Plan that we constantly update with each iteration of subdivisions, and this is one that does have one of the trails. It's part of the plan development. Mr. Keawe: Okay. Is that a historic trail? Mr. Crawford: No, no, no. This is just pedestrian trail for bikes and.. . 10 Mr. Keawe: Pedestrian trail? Mr. Crawford: Yes. Mr. Keawe: Got it. Okay. Chair Mahoney: Okay. Any further...? Okay, at this time, the Chair will entertain a motion. Mr. Keawe: Okay. Move to approve Subdivision Application No. 5- 2013 -16, Kukui`ula Development Co. Hawaii LLC, proposed 26 -lot subdivision, TMK: (4) 2 -6- 015:014, K61oa, Kauai, Chair Mahoney: Second. It's been moved and seconded. Any discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Motion carried 2:0. Thank you. Mr. Crawford: Thank you, Commissioners. Subdivision Application No. S- 2016 -13; CLISE PROPERTY TRUST, Proposed 2 -lot Subdivision; TMK: (4) 2 -6- 014:008; K61oa, Kauai Chair Mahoney: Okay. Next order of business... Subdivision Application No. S- 2016 -13, Clise Property Trust, proposed 2 -lot subdivision, TMK: (4) 2 -6- 014:008, K61oa, Kauai. And our planner, please. Mr. Bukoski: Thank you, Chair. Consideration of Subdivision Application No. S- 2016 -13 that involves a 2 -lot subdivision. The Evaluation. The proposal subdivides a parcel into two (2) lots within the Residential (R -4) zoning district. It is noted that since the proposal is part of the original Koloa Estates Subdivision (5- 98 -9), the EIA and Park Fee will be based on the further expansion of the original development. Therefore, an appraisal report is required to determine the Park Fee. We have received all comments from government agencies and the applicant has met those requirements. We at the Planning Department are recommending final approval. Chair Mahoney: Okay. Are there questions for the planner? Mr. Keawe: So those ... the appraisal has been done and the fees have been determined; I noticed in the... Mr. Bukoski: Correct. Mr. Keawe: So all (of) the conditions have been met? Mr. Bukoski: Yes, sir. Chair Mahoney: Is there a representative for the applicant present? Could you state your name for the record, please? Malia Thain: Malia Thain, Chair Mahoney: Okay. Any questions for the applicant from any committee member? (Laughter in background) Mr. Keawe: No. I think we're fine. Chair Mahoney: Okay. Do you understand the conditions and agree to be in compliance with all conditions? Ms. Thain: Yes. Chair Mahoney: Okay, thank you. Chair will entertain a motion. Mr. Keawe: Okay. Move to approve Subdivision Application No. 5- 2016 -13, the Clise Property Trust, proposed 2 -lot subdivision, TMK: (4) 2 -6- 014:008, K61oa, Kauai, Chair Mahoney: Second. It's been moved and seconded. Any further discussion? Hearing none. All in favor say aye. (Unanimous voice vote) Opposed? (None) Motion carries 2:0. Thank you. Subdivision Application next. Subdivision Application No. 5- 2016 -18, Ann Murakami, proposed No. 5- 2016 -18; ANNMURAKAMT, Proposed 3 -lot Subdivision; TMK: (4) 4 -1- 015:017 & 018; Wailua, Kauai Chair Mahoney: Okay, next. Subdivision Application No. 5- 2016 -18, Ann Murakami, proposed 3 -lot subdivision, TMK: (4) 4 -1- 015:017 and 018, Wailua, Kauai. Can we hear from our planner, please? Mr. Bukoski: Thank you, Chair. Consideration of Subdivision Application No. S- 2016 -18 that involves a consolidation of two (2) lots, and a resubdivision into a total of three (3) lots. Evaluation. The proposal involves a consolidation of two (2) existing lots and resubdivision boundaries into three (3) lots within the Residential (R -6) zoning district. One (1) additional lot is being created through this proposal. The applicant has met all government conditions and we at the Planning Department are recommending final approval. Chair Mahoney: Thank you. Any questions for the planner? Mr. Keawe: No. Chair Mahoney: No? Is there a representative for the applicant present? Could you state your name for the record, please? Clyde Kodani: Good morning. For the record, Clyde Kodani, agent for the owner, Ann Murakami, and we have no objections. 12 Chair Mahoney: Okay, thank you. Any questions for the applicant? Mr. Keawe: No. Chair Mahoney: Okay. At this time, the Chair will entertain a motion. Mr. Keawe: Move to approve Subdivision Application No. S- 2016 -18, Ann Murakami, proposed 3 -lot subdivision, TMK: (4) 4 -1- 015:017 and 018, Wailua, Kauai, Chair Mahoney: Second. It's been moved and seconded. Any further discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) The motion carries 2:0. Thank you. Mr. Kodani: Thank you. Subdivision Extension Request Subdivision Application No. S- 93 -50; MCBRYDE SUGAR COMPANY. LLC; Proposed 14 -lot Subdivision; TMK: (4) 2 -4- 07:20, 23 -25; K61oa, Kauai Subdivision Application No. 5- 2006 -4; AfCBRYDE SUGAR COMPANY, LLC; Proposed 11 -lot Subdivision; TMK: (4) 2 -4- 07:02, 03 & 18; K61oa, Kauai Chair Mahoney: Okay, next. Subdivision Application No. S- 2006 -4, McBryde Sugar Company, LLC, proposed 11 -lot subdivision, TMK: (4) 2 -4- 07:02, 03, and 18, Koloa, Kauai. Can we hear from our planner, please? Mr. Cua: Chair, before we get to these applications, I just wanted to note that the next two (2) applications that's being considered for the extension request, they both involve the same project. The first one is Phase 2 of the project, and the subsequent application is Phase 3 of the project. So technically... Chair Mahoney: We don't need... Mr. Cua: They both can be considered at the same time because they're one in the same project. Chair Mahoney: In other words, approval of this can carry this one? Mr. Cua: I mean, as far as action - wise... Chair Mahoney: We don't need any action on it? Mr. Cua: You can take each action separately, but just in the evaluation of both applications, they can be taken together. 13 Chair Mahoney: Okay. So ... maybe we could get the applicant's representative come forward, or no? Mr. Cua: Oh no. Chance can kind of explain the extension request. Chair Mahoney: Okay. Mr. Cua: And... Chair Mahoney: For these two (2) here? Mr. Cua: Yes, for those two (2). Yes. Chair Mahoney: Okay. We'll go with that, then. Mr. Cua: Okay, Chair Mahoney: Thank you. Mr. Bukoski: Findings and Background. The proposed subdivision establishes fourteen (14) lots in the Agriculture and Open Districts and two (2) roadway lots identified as Roadway Lots `A' and `B'. This application was granted final subdivision map approval by the Planning Commission on February 8, 2011. This is the applicant's 2 "d request to complete the construction of the infrastructure improvements. The previous extension was approved and granted to...on October 31, 2014. The subject property is situated on the western side of Kalaheo Town and along the mauka side of Kaumuali`i Highway, directly abutting Olopua Gardens along its eastern boundary. The project site is directly located across the Brydeswood Subdivision and its primary vehicular access is situated at the Kauimuali`i Highway /Halewili Road intersection. This project is being developed in the conjunction with the Brydeswood Agriculture Subdivision, Phase 3 that is being processed as Subdivision Application No. S -2006- 04. Evaluation and the Progress of the Subdivision. As previously noted, due to the complexity and size of the project, the applicant is requesting additional time to complete the infrastructure improvements. In considering the extension request, it should be noted that the development will require extensive infrastructure improvements, both on- and off -site, and that the applicant has shown little progress since receiving the final subdivision approval. At this point, it is uncertain as to when these requirements will be completed. Based on the foregoing circumstances, the department does not support the applicant's actions. However, given the unforeseen circumstances related to the real estate market, the extension request could be considered. Therefore, in order to ensure good faith and progress with the development, the applicant should have two (2) years to complete the infrastructure improvements for the subdivision. Furthermore, within one (1) year after the approval of the extension request, the applicant should submit, to the Department, an updated status report relating to the progress and at least 50% of the improvements should be completed. At the end of the 2 -year period, the progress of the project may be reevaluated based on the substantial completion of the improvements. The status f[1 report shall be submitted to the Planning Department no later than sixty (60) days prior to the expiration date. In further consideration of the request, it is noted that the applicant should have the construction plans recertified to assure that the construction standards identified in the plans are current, and also to submit an updated construction cost estimate to the reviewing agencies, such as Public Works and Department of Water, for their review and approval. The bond for the improvements should be adjusted accordingly to the updated construction cost. Chair Mahoney: Thank you. Questions for the planner? Mr. Keawe: No. Applicant, Chair Mahoney: Applicant? Could a representative for the applicant come forward, please? Anyone? Could you state your name, again, for the record, please? Mr. Kodani: For the record, Clyde Kodani. Chair Mahoney: Questions for the applicant? Mr. Keawe: Clyde, can you tell me a little bit about the applicant's sales and marketing program? And what has contributed to the delay? Mr. Kodani: No, I can't. (Laughter in background) I'm the engineer only. The real estate side is really left up to the client. Mr. Keawe: Yeah, you're doing the technical side. Mr. Kodani: Yes. Mr. Keawe: Okay. Well, the whole crux of the extension is they haven't been able to move the lots, so ... okay. Do you have any idea or any comments? Mr. Kodani: No. I just have one (1) question though. Did these two (2) subdivisions get final subdivision approval? My understanding (is) it was. Mr. Cua: Yes, Mr. Kodani: It did? Mr. Cua: It did. Mr. Keawe: So these are extensions of time.. . Chair Mahoney: Request. Mr. Kodani: For? 15 Mr. Cua: To complete the subdivision improvements. Essentially, it's an extension of time to complete the infrastructure related to the subdivision. Mr. Kodani: Okay. But the subdivision did get final? Mr. Cua: Yes, it did. Mr. Kodani: Okay, Mr. Cua: Yes, Mr. Kodani: Okay. Chair Mahoney: So the conditions that were imposed about the timeframe and etc., could you comment on those or...? Mr. Kodani: Not really because I'm not the developer. I could go ahead and confer with the developer on it. I can say this much that the construction plans are in the process of getting recertified as we speak. Chair Mahoney: Okay, Mr. Cua: Basically, the recommendation is to complete the improvements within the 2 -year time period up to October 31, 2018. Within a year, the applicant would have to provide an updated status report on the progress of the improvements. Mr. Kodani: Okay. With that, we have no objections. Chair Mahoney: No objections. Okay. Well, the conditions are the conditions, so if, you know ... that have been imposed and the decision maker should be aware of, you know, that's what they are right now, so... Mr. Kodani: Yes, Chair Mahoney: Okay, Mr. Kodani: And I'll convey that to the client. Thank you. Chair Mahoney: Alright. Mr. Keawe: One comment. But the new, ..With this extension, there is a condition with regard to 50% of the improvements need to be done within a year, so I don't know if he knows that or not, on. . Chair Mahoney: As the engineer, do you think that they'll be able to comply with the conditions within a year? The 50% completion? 16 Mr. Kodani: I will have to confer with the client ... with the developer on that. Chair Mahoney: Well, we can entertain a motion with existing conditions if that's the.. . Mr. Cua: And also, if the applicant has challenges or reservations regarding the conditions, they could make a request to amend the conditions as well. Mr. Kodani: Right. Yes. Chair Mahoney: Okay. Mr. Keawe: Chance, have you talked to the applicant about these items? Mr. Bukoski: I've contacted them; however, I have not received any information back. Mr. Cua: I actually contacted their representative. Mr. Keawe: Oh, okay. Mr. Cua: And yeah, I kind of gave them a preview to the Department's concerns regarding the status of the completion of these improvements. Mr. Keawe: Okay. So this won't be a surprise? Mr. Cua: No, actually no. So it's actually a way to nudge them to move the rest of the project. Mr. Keawe: Yeah, with the 50 %, you know, get this done before ... yeah, Mr. Cua: Yes. Mr. Keawe: Okay. Chair Mahoney: Okay. Chair will entertain a motion. Mr. Keawe: So do we do both of them? One after another? Mr. Cua: Yes. You can actually do that because... since both applications... Mr. Keawe: Alright. Because they're interconnected (inaudible). Mr. Cua: Right, Mr. Keawe: Alright, Chair Mahoney: (Inaudible) or one at a time? 17 Mr. Cua: Yes, one at a time. Mr. Keawe: One at a time. Okay. Alright. Move to approve Subdivision Application No. S -93- 50, McBryde Sugar Company, LLC, proposed 14 -lot subdivision, TMK: (4) 2 -4- 07:20, 23 -25, K61oa, Kauai, Chair Mahoney: Second. It's been moved and seconded. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) The motion carries 2:0. Mr. Keawe: Alright. Move to approve Subdivision Application No. S- 2006 -4, McBryde Sugar Company, LLC, proposed I I -lot subdivision, TMK: (4) 2 -4- 07:02, 03 and 18, K61oa, Kauai. Chair Mahoney: Second. It's been moved and seconded. Any further discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) The motion carries 2:0. Okay, Mr. Kodani: Thank you. ADJOURNMENT Chair Mahoney: There's no further business. Correct? Do we have more? Mr. Cua: No, that's it. Chair Mahoney: No further business. Subdivision Committee meeting is adjourned. Chair Mahoney adjourned the meeting at 9:20 a.m. ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of IV Respectfully submitted by: meeting. ission Support Clerk