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HomeMy WebLinkAboutPlanning Subdivision 102516 MinutesKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING October 25, 2016 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order at 8:34 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. Roy Ho Mr. Kimo Keawe The following staff members were present: Planning Department — Chance Bukoski, Dale Cua; Deputy County Attorney Jodi Higuchi Sayegusa; Office of Boards and Commissions — Administrator Jay Furfaro, 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 8:34 a.m. ROLL CALL Planning Commission Chair Mahoney: Roll call. Staff Planner Chance Bukoski: Chair Mahoney? Chair Mahoney: Here, Mr. Bukoski: Commissioner Keawe? Mr. Keawe: Here. Mr. Bukoski: Commissioner Ho? Mr. Ho: Here, Mr. Bukoski: Three (3) present. Chair Mahoney: Thank you. 1 APPROVAL OF AGENDA Chair Mahoney: Approval of the Agenda. Mr. Keawe: Move to approve the agenda as listed. Mr. Ho: Second. Chair Mahoney: It's been moved and seconded. Any discussion? Hearing none. All in favor say aye. (Unanimous voice vote) Opposed? (None) Motion carried 3:0. MINUTES of the meeting(s) of the Subdivision Committee Regular Meeting of August 23, 2016 Chair Mahoney: Next order of business — Minutes of the Subdivision Committee, Regular Meeting of August 23, 2016. Chair will entertain a motion. Mr. Ho: Receive? Mr. Keawe: No. I move to approve the minutes of August 23rd Chair Mahoney: Is there a second? Mr. Ho: Second. Chair Mahoney: Moved and seconded. Any discussion? Hearing none. All in favor say aye. (Unanimous voice vote) Opposed? (None) Motion carried 3:0. The minutes are accepted. RECEIPT OF ITEMS FOR THE RECORD (None) Chair Mahoney: Receipt of Items for the Record. Mr. Bukoski: None. Chair Mahoney: None to report. HEARINGS AND PUBLIC COMMENT Chair Mahoney: Hearings and ... does any member of the public care to testify on any subdivision agenda item at this time? Seeing none. 07 GENERAL BUSINESS MATTERS (None) Chair Mahoney: Moving to General Business Matters. None. UNFINISHED BUSINESS (None) Chair Mahoney: Unfinished Business. None. NEW BUSINESS (For Action) Tentative Subdivision Approval Subdivision Application No. 5- 2017 -2; COjUMERCIAL PROPERTIES LTD: Proposed 2- lot consolidation; TMK: (4) 3 -3 -013: 048 & 049; Lihu`e. Kauai Chair Mahoney: New Business for Action. Tentative Subdivision Approval. Subdivision Application No. S- 2017 -2, Commercial Properties Ltd., proposed 2 -lot consolidation, TMK: (4) 3 -3 -013: 048 & 049. Lihu`e, Kauai. Our planner, please. Mr. Bukoski: Good morning, Commissioners. Consideration of Subdivision Application No. S- 2017 -2 that involves a consolidation of two (2) lots. The evaluation of the property - the proposed development consolidations two (2) existing lots within the Limited Industrial zoning area. We have received all government agencies' comments and we are recommending tentative approval. Chair Mahoney: Are there any questions for the Planner? Mr. Keawe: Just one (1) question. Are there any buildings on this lot? Mr. Bukoski: Yes, there is. Mr. Keawe: Are there any buildings on the lot? Mr. Bukoski: No. (Laughter in background) Just a container. (Laughter) Mr. Keawe: Thank you. Chair Mahoney: And this is for... Any further questions for the Planner? Mr. Ho: Chance, when they put containers down on a lot, does that need an approval from the Planning Department? Or is that ... you can put containers anywhere on any lot? 3 Staff Planner Dale Cua: Generally speaking, if they are going to be used just for storage purposes, then it's fine. But then the minute they use it more as a building structure, then it requires the necessary building and zoning pen-nits. Mr. Ho: Storage structure — is there a time limit to that? Mr. Cua: Not necessarily. Mr. Ho: Structure being that somebody uses it like an office or...? Mr. Cua: For that particular purpose, that would require a zoning pennit, you know, because then it's a different type of use. But if they are going to use it for storage purposes, say for building materials or tools for that matter, then it's been the general practice that we don't require a zoning pen-nit for the container knowing that at some point in time it'll be removed. If the container becomes problematic, then I think the Department would then address that specific issue at that point in time. Mr. Keawe: Dale, is it more because it's mobile? Mr. Cua: Yes. Mr. Keawe: You can actually remove it. Mr. Cua: For that very reason, yes. Mr. Keawe: Yeah, Chair Mahoney: Any further questions for the Planner? Is there a representative for the applicant? Could you state your naive for the record, please? Dennis Esaki: Morning, Chair Mahoney: Good morning. Mr. Esaki: Dennis Esaki for the record. This is a 2 -lot consolidation to accommodate a larger building. The temporary storage containers will be removed to make way for the building. We have no objections to the standard conditions. Chair Mahoney: Okay. Are there any questions for the Applicant? Okay. Seeing none. Chair will entertain a motion. Mr. Keawe: Move to approve tentative subdivision approval - Subdivision Application No. S- 2017-2, Commercial Properties Ltd., proposed 2 -lot consolidation, TMK: (4) 3 -3 -013: 048 & 049, Lihu`e, Kauai, Mr. Ho: Second. rd Chair Mahoney: It's been moved and seconded. Any further discussion? Hearing none. All in favor say aye. (Unanimous voice vote) Opposed? (None) Motion carries 3:0. Thank you. Final Subdivision Map Approval Subdivision Application No. S- 2012 -16; THE SAIKI FAMILY TRUST, Proposed 6 -lot subdivision; TMK: (4) 4 -1- 07:07; Wailua, Kauai Chair Mahoney: New Business Continued. Final Subdivision Map Approval. Subdivision Application No. S- 2012 -16, The Saiki Family Trust, proposed 6 -lot subdivision, TMK: (4) 4 -1- 07:07, Wailua, Kauai. Can we have the Subdivision Report from our planner, please? Mr. Bukoski: Thank you, Chair. Subdivision of Lot 67 -A, portion of Grant 11236 to Harry Saiki, Wailua Houselots, Fourth Series, into Lots 1 through 6, inclusive, Wailua, Kawaihau, Kauai, Hawaii. The evaluation - the proposed subdivision establishes a total of six (6) lots within the Residential District, R -6. The proposal is considered Phase 2 of the Saiki Subdivision. The original application was processed through Subdivision Application No. 5- 81 -74, which received final subdivision approval by the Planning Commission on July 10, 1985. Therefore, assessment of the EIA and Park Fees will be based on the amount of lots that were established in the previous subdivision application. We have received all goverrunent comments and we are recommending final approval. Chair Mahoney: Okay. Does any member of the Commission have any questions for our planner? Not this time. Could a representative for the applicant come forward, please? And state your name for the record. Tommy Oi: Good morning. My name is Tommy Oi. I represent the applicant, the Saiki Family. This is Carol Saiki. Chair Mahoney: Okay. Commissioner Keawe, Mr. Keawe: Just one (1) question. You started way back in 1985 and obviously... was there that progressive improvement over those years or...? just Mr. Oi: In 1985 ... what really happened in 1985 was, there was a subdivision adjoining this lot that needed a strip of land from the Saiki Family to build a roadway. So at that time, the lot was just one (1) lot, so it was subdivided into two (2) lots where the roadway was given to the ... was sold to the adjoining subdivision. Mr. Keawe: Okay. And subsequent to that, now we're at the six (6) lots. Okay, thank you. Chair Mahoney: Commissioner Ho, any questions for our applicant? Mr. Ho: No. 5 Chair Mahoney: Any fiirther report from the Planner? We're all good? Okay, the Chair will entertain a motion. Mr. Ho: Move to approve subdivision Lot 67 -A into six (6) lots — Application No. S- 2012 -16, Tax Map Key (4) 4 -1- 007:007. Chair Mahoney: Okay. Mr. Keawe: Second, Chair Mahoney: It's been moved and seconded. Any further discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) Motion carries 3:0. Thank you. Mr. Oi: I have a question on the signed approved map. When will that be available? Because the family is trying to get some legal documents drawn up on this subdivision, so it would be, , if we can know when we can get the maps. Mr. Bukoski: By the end of the week. Mr. Oi: Okay, sure. Thank you very much. Mr. Bukoski: Thank you. Subdivision Application No. S- 2016 -11; Craig CRAIG D. & CHRISTINE J. HOGLUND; Proposed 2 -lot Subdivision; TMK: (4) 2 -6- 014:018; K61oa, Kauai Chair Mahoney: Okay. Next order of business — Subdivision Application No. S- 2016 -11, Craig D. and Christine J. Hoglund, proposed 2 -lot subdivision, TMK: (4) 2 -6- 014:018, K61oa, Kauai. Can we have our Subdivision Report, please? Mr. Bukoski: Thank you, Chair. Consideration of Subdivision Application No. S- 2016 -11 that involves a 2 -lot subdivision. The evaluation of the property — 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 K61oa Estates Subdivision, S -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 government comments and they have been met, and we, as the Department, are recommending final approval. Chair Mahoney: Okay. Are there any questions from the Commissioners to our planner? Is there a member representing the applicant present? Mr. Bukoski: Unfortunately, the person to represent the applicant is not available today. 6 Mr. Cua: The Department has made contact with the representative and unfortunately, due to his other obligations, he won't be able to attend, but he has no objections to the approval of the application. Chair Mahoney: Okay. Commissioner Ho. Mr. Ho: Dale, one ... do one of these lots have an ADU pen-nit? Mr. Cua: Not at this time. When these lots will be further developed, after the first house, an ADU could be pennitted on the resultant subdivided lots. Chair Mahoney: Okay. But just to reiterate, the applicant agrees to be in compliance... Mr. Cua: Yes. Chair Mahoney: With all conditions that the Department has asked for. Okay. So ... Commissioner Keawe. Mr. Keawe: One (1) last question. Dale, I noticed on the Department of Water ... they had already paid for one of the FRCs. Mr. Cua: Yes. Prior to subdivision, the lot as -is, based on the size, qualifies for two (2) homes outright. Mr. Keawe: Okay. Mr. Cua: So with this subdivision, you know, the proposal will subdivide the existing lot into Hoglund, proposed 2 -lot subdivision, TMK: (4) 2 -6- 014:018, two (2) lots, so they already have a water meter for that second lot. Mr. Keawe: Okay. Alright. Thank you. Chair Mahoney: Okay. Any further questions? Seeing none. The Chair will entertain a motion. Mr. Keawe: Move to approve Subdivision Application No. S- 2016 -11, Craig and Christine Hoglund, proposed 2 -lot subdivision, TMK: (4) 2 -6- 014:018, Proposed 29 -lot K61oa, Kauai. Mr. Ho: Second, Chair Mahoney: It's been moved and seconded. Any further discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) Motion carried 3:0. Thank you. Subdivision Extension Request Subdivision Application No. S- 2016 -2; KUKUI `ULA DEVELOPMENT CO LLC; Proposed 29 -lot Subdivision; TMK: (4) 2 -6- 015:014; K61oa, Kauai 7 Chair Mahoney: The next order of business - Subdivision Extension Request. Subdivision Application No. 5- 2016 -2, Kukui`ula Development Co LLC, proposed 29 -lot subdivision, TMK: (4) 2 -6- 015:014, K61oa, Kauai. Can we have our report from our planner, please? Mr. Bukoski: Thank you, Chair. The Findings and Background of the property - the proposed subdivision establishes a total of twenty -nine (29) lots within the Kukui`ula Residential Subdivision, Parcel H, and is County Zoned Residential District, R -4, Open, and Open Space Special Treatment District, ST -O. The subdivision application was granted tentative approval by the Planning Commission on September 22, 2015 and the applicant's request is the first extension of the tentative approval. The subject property is located within the Kukui`ula Master Plan Area, north of the National Tropical Botanical Garden, east of the Lawa`i Beach Reservation, and extends to the Kukui`ula Parcel CC Subdivision. It should be noted the proposed development is subject to the zoning amendment requirements set forth through Ordinance No. PM- 2004 -370. Progress of the Subdivision - in considering the extension request, it should be noted that the applicant has submitted improvement plans. As represented, the applicant is trying to comply with the requirements of the tentative approval. The applicant is still working to resolve the required infrastructure improvements associated with the application and detennining the applicable requirements of the County Department of Public Works and Water. Since it is uncertain as to when all of the agency comments will be met, the applicant is requesting additional time to complete the subdivision. The additional time allows the applicant to meet all of the requirements of the government agencies. 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. Chair Mahoney: Thank you. Any questions for the Planner from the Commissioners? Mr. Keawe: Was there any specific reason why? It was just held up? Or just the process itself? Just the process, is that... Mr. Cua: The review time and the plans are what usually take up the most time. Mr. Keawe: So just the plan review? Mr. Cua: Yes. Chair Mahoney: Commissioner Ho. Mr. Ho: Dale, have you been out there to see this parcel? Physically been... Mr. Cua: Yes. Mr. Ho: Can you put in. ..Where's the Botanical Gardens in relation to this parcel? Mr. Cua: The Botanical Gardens is west of the project site. It's in that Allerton Valley area. Mr. Ho: Where is the Golf Course Pro Shop? Mr. Cua: Pro Shop would be makai of this project. So all of the Kukui`ula projects are located mauka of Lawwi Road, and the golf course area is on the lower portion of the project site, and the project slopes up mauka. In this particular location, this project is ... would be, I think, west of the Pro Shop area, I believe. Mr. Ho: West of the ... Hanap6p6 way? Mr. Cua: Yes, towards the Botanical Gardens. Mr. Ho: Does the cane haul road still exist? The old cane haul road? Is it... Mr. Ho: Cua: There are portions of the cane haul road that still exist, yes, but at some point in time, you know, that particular road will terminate and be replaced with that primary access road. Chair Mahoney: Any further questions? Is there a representative for the applicant here today? Seeing none. Mr. Cua: I was just infonned by Chance that the applicant, again in this instance, wasn't able to attend this meeting. They have received a copy of the report and they have no objections to the recommendation. Chair Mahoney: So, yeah, they have no objections to the conditions. Okay. So at this time, the Chair will entertain a motion. Mr. Ho: Move to approve extension request — Parcel H, Kukui`ula, Tax Map Key (4) 2 -6- further discussion on the matter? 015:014, extension request to October 11, 2017, favor Chair Mahoney: It's been moved. Mr. Keawe: Second. Chair Mahoney: Seconded. Sorry. Any further discussion on the matter? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Motion carried 3:0. Okay, thank you. ADJOURNMENT 9 Chair Mahoney: With no further business, we'll call the Subdivision meeting adjourned. Thank you. Mr. Bukoski: Thank you. Chair Mahoney adjourned the meeting at 8:52 a.m. Respectfully submitted by: Oarcie Agaran n Commission Support Clerk ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of [[1l meeting.