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HomeMy WebLinkAboutPlanning Subdivision 112216 MinutesKAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING November 22, 2016 The regular meeting of the Planning Commission Subdivision Committee of the County of Kauai was called to order at 8:32 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 (entered at 8:46 a.m), 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 8:32 a.m. 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: Okay, APPROVAL OF AGENDA 11 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 carries 3:0. MINUTES of the meetinp,(s) of the Subdivision Committee Regular Meeting of October 25, 2016 Chair Mahoney: Minutes of the meeting (of the) Subdivision Committee, Regular Meeting of October 25, 2016, Mr. Ho: Move to receive. Chair Mahoney: Is it approve? Mr. Keawe: Second. Move to approve. Second. Chair Mahoney: Alright. Is that a move to approve? Mr. Ho: Yes, please. Chair Mahoney: And... Mr. Keawe: Second, Chair Mahoney: Second. It's been moved and seconded. Any discussion? Hearing none. All in favor say aye. (Unanimous voice vote) Opposed? (None) Motion carried 3:0. RECEIPT OF ITEMS FOR THE RECORD (None) Chair Mahoney: Receipt of Items for the Record. There's none. Mr. Bukoski: None. Chair Mahoney: Okay. HEARINGS AND PUBLIC COMMENT 2 Chair Mahoney: Hearings and Public Comment. At this time, if any member of the public would like to testify on an agenda item, they may do so, or do it after the presentation. Seeing none. GENERAL BUSINESS MATTERS (None) Chair Mahoney: Okay. Next, General Business Matters. None. UNFINISHED BUSINESS (None) Chair Mahoney: Unfinished Business. None, NEW BUSINESS (For Action) Tentative Subdivision Approval Subdivision Application No. S- 2017 -3; GROVE FARM, INC; Proposed 24ot Subdivision; TMK: (4) 3 -8 -002: 001 & Por. 02, (4) 3 -8- 003:001; Lihu`e, Kauai Chair Mahoney: New Business for Action. Tentative Subdivision Approval. Subdivision Application No. S- 2017 -3, Grove Farm, Inc., proposed 2 -lot subdivision, TMK: (4) 3 -8 -002: 001 and portion 02, (4) 3 -8- 003:001, Lihu`e, Kauai. We'll go to the Planner, please, for the report. Mr. Bukoski: Thank you, Chair. Consideration of Subdivision Application No. S- 2017 -3 that involves a subdivision of a lot into two (2) lots. The evaluation — the proposed development subdivides a parcel into two (2) lots within the Agriculture zoning district. As represented, the purpose of this subdivision is to convey Lot 1 -A -5 -A to the County of Kauai for the development of the Adolescent Treatment and Healing Center, also known as ATHC. Per Section 8 -8.3, section c, 1 and 2 of the Kauai County Code, the subdivision is being requested by the County of Kauai and therefore, the "one- time" subdivision rule does not apply. We have received all government agency comments and we are recommending tentative approval. Chair Mahoney: Are there any questions for the Planner? Seeing none. Is there a representative for the applicant present? Could you state your name for the record, please? Maren Arismendez: Good morning. My name is Maren Arismendez. I'm here on behalf of Esaki Surveying. We are they surveyors for this subdivision. John Kirkpatrick: I'm John Kirkpatrick. I'm from Belt Collins. We are the planners working on this project, along with Esaki, and we are here to answer any questions. 3 Chair Mahoney: Are there any questions from the Commissioners? Mr. Keawe: I have one (1) question with regard to...subject to the approval, how long do you see this process taking through the planning process and construction? Mr. Kirkpatrick: We have to, obviously, go through all the approvals. At the moment, the architect is working on construction and his engineer, which happens to be Esaki, is working on the off - sites, so we expect, once the permits are received, to be able to go ahead full speed. The money has been allocated by the State Legislature, so this is a go so long as all appropriate is are dotted and is are crossed. Mr. Keawe: Okay. Are you working just on preconstruction planning? Or... Mr. Kirkpatrick: That's correct. Mr. Keawe: Okay, Mr. Kirkpatrick: Yeah, I'm sorry. Our work goes through the permits at which point.. . Mr. Keawe: You stop and somebody else takes over. Mr. Kirkpatrick: Well, Mark Ventura is already working, but he's responsible. Mr. Keawe: Okay. Can either one of you give us a little bit about the facility itself? Mr. Kirkpatrick: A little bit. Of course let me stress that Theresa Koki from Life's Choices Kauai is the one who has been with this process for a very, very long time. Residential treatment is going to be at the heart of this, but it's part of a full- functioning system that includes assessment and includes outpatient treatment as well, as appropriate, given clinical judgement of people who know much more about this than I do. Small facility. It's basically there to help people who ... above all those who would otherwise end up in a place like Bobby Benson on Oahu and for whom contact for the families and reintegration in family and community afterward becomes very, very difficult. So it's a chance to have, on the island, the full spectrum of services needed to reduce, basically, dependence on illicit substances, help people turn away, and then help people be reintegrated with the community. I think I can say that without... anything more? Mr. Keawe: How many patients, typically, do you look at servicing? Mr. Kirkpatrick: We're talking about eight (8) beds. So that's the number of beds, although I keep screaming to them that you should have space for expansion, if needed, in the long -term. So you would have up to eight (8) in residential treatment, then you have outpatient treatment of various kinds; some of which can be basically half- to full -day. So people who are there in treatment full -scale could easily be on the order of twenty (20) to twenty -five (25). One of the things that's going on here is that the Department of Education is willing to provide a teacher. El For the residential and, perhaps, for some of the outpatient kids, there would be schooling going on as well as treatment. Mr. Keawe: Good. Thank you. Mr. Kirkpatrick: Thank you. Mr. Ho: Sean. Chair Mahoney: Commissioner Ho. Mr. Ho: From this description, you will be needing staff housing, also? Mr. Kirkpatrick: No. This can be staffed by people on the island. There would be staff on -site 24/7, but that means there would be somebody there, basically, in a watchman role; I mean, as a supervisor /watchman role. You wouldn't have staff housing on -site. Mr. Ho: Boy, this is a tough one. Will there be a criminal element in this? People sent to you by courts? Mr. Kirkpatrick: If there are people sent by courts, it's ... I think it's better to think of it as diversionary rather than criminal. Believe me, I'm not the attorney here. (Laughter) But the whole idea is to get people before they're into the court system and /or into the correctional system. Hopefully what this means is fewer people ending up in ... yeah, in the correction center. With that said, you know, I think the County and the clinical people we're working with are very aware of the fact that these are people who ... quite often, who've gotten into — shall we say — into bad company or maybe bad company themselves. We are concerned about them wandering away, so there will be observation/supervision. There will be a working relationship with the County Police Department; both to recruit potential people who need help and in case anything arises. We've been talking ... I shouldn't say "we ". I should say Theresa and the Mayor's Office have been talking extensively with Hanama`ulu Community Association, who obviously has some concern. This is about a mile away. A little less than a mile away from the nearest houses and they want to feel comfortable that ... people are thinking about their well - being. And the simple answer I can give you is yes, that is being attended to, if that's really where your question is coming from. Mr. Ho: What does Grove Farm have planned for that ... their use of the other property there? Mr. Kirkpatrick: The rest of the ... the parcel is gigantic as you see. Mr. Ho: Yeah, Mr. Kirkpatrick: There are bits on it that are in uses like a solar farm and there's some that, ..across the road that's being used for pasturage. This particular little bit that I'm talking about, the 5 -acre parcel that the County hopes to get from Grove Farm, as far as we can see, has not been in use for many, many years. It's been basically just sitting there. There may have E been some pasturage. I'm not sure how long ago, but it's just part of the larger area. What does Grove Farm want over the long -term? I don't have that. I'll have to ask them. And if you want, we can bring back an answer to you on that when we come back. Chair Mahoney: Any other questions? Alright. Anything further discussion? This is for tentative subdivision approval. It's not final. It's tentative subdivision approval, so the Chair will entertain a motion. Mr. Keawe: Move to approve tentative subdivision, Application No. S- 2017 -3, Grove Farm, Inc., proposed 2 -lot subdivision, TMK: (4) 3 -8- 002:001 and portion of 02, (4) 3 -8- 003:001, Lihu`e, 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. Mr. Kirkpatrick: Thank you. Subdivision Extension Request Subdivision Application No. S- 2011 request, it should be noted -20; KUKU`IULA DEVELOPMENT CO LLC; Proposed 6 -lot represented, the applicant Subdivision; TMK: (4) 2 -6- 019:026 & 029; K61oa, Kauai Chair Mahoney: New Business for Action. Subdivision Extension Request. Subdivision Application No. S- 2011 -20, Kukui`ula Development Co. LLC, proposed 6 -lot subdivision, TMK: (4) 2 -6- 019:026 and 029. Mr. Bukoski: Thank you, Chair. The findings and background of the parcel — the proposed subdivision establishes a total of six (6) lots within the Kukui`ula Residential Subdivision, Phase III -B and is a County Zoned Residential District R -10, Resort District RR -10, and Open and Open Space Special Treatment District ST -O. This application was granted tentative approval by the Planning Commission on May 24, 2011 and the applicant's request is the fourth extension of the tentative approval. The subject property is located within the Kukui`ula Master Planned Area between Ala Kukui`ula and Lawa`i Road. It extends approximately 150 feet west of the Lawa`i Road and Alania Road intersection and runs east adjacent to Lawa`i Road 'til approximately 950 feet east of the most western point of the Lawa`i Beach Resort property. Administrator Furfaro entered the meeting at 8:46 a.m. Mr. Bukoski: It should be noted that the proposed development is subject to the zoning amendment requirements set forth through Ordinance No. PM- 2004 -3701 The progression of the subdivision — in consideration of the extension request, it should be noted that the applicant has shown some progress with the development. As represented, the applicant Cel has been trying to comply with the requirements of the tentative approval. The applicant is still working to resolve the required infrastructure improvements associated with this application and determining the applicable requirements of the County Department of Water, and since it is uncertain as to when the agency comments will be met, the applicant is requesting additional time to complete the subdivision. Additional time allows the applicant to prepare construction plans in order to address the infrastructure requirements for this project. If you have any further questions, please refer to the attached letter. 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 extensions. Chair Mahoney: Any questions for the Planner? Mr. Ho: I have one. Chair Mahoney: Okay, Mr. Ho: Are you satisfied that they are making progress with this? Mr. Bukoski: Yes. The letter that was explaining to me that I got from Kukui`ula was that this is their final request. And then looking at, also, the explanation that they gave is that it was just a 12 -inch water main break that was being moved to a ... I mean, an 8 -inch to a 12 -inch main break on the construction plans, and that's the only thing holding them up. Chair Mahoney: Okay. Any other questions for the Planner? Is there a representative for the applicant? Can you state your name for the record, please? Lindsay Crawford: Good morning. For the record, Lindsay Crawford, Kukui`ula Development Company, Chair Mahoney: Okay. Mr. Keawe: Mr. Crawford, your letter of March 11, 2016 that you wrote to the Planning Department outlined, you know, your reasoning for the extension. Can you explain a little bit about the Department of Water, their proposed main upgraded to a 12 -inch and then probably due somewhat to a change in planning check staff? What does that mean? Mr. Crawford: Well, that was actually just my supposition. We had these plans in, as you explained, for about three (3) or four (4) years now and we submitted the plans. There's two (2) roadways involved in this small little subdivision and we had the plans submitted to the Department of Water. For the longest time, it showed an 8 -inch main. The plans were close to being approved and then ... I'm not exactly sure why, but at some point in time, somebody over there in staff decided it needed to be a 12 -inch, and that was just my supposition that there were some new faces and that they reassessed the main and decided it needed to be that way. 7 Mr. Keawe: And that process, from beginning to end, where your planners had already gone in with the &inch, took three (3) years before someone said it's going to be 12 (inches)? Mr. Crawford: No, not three (3) years. I mean, we had the plans in for probably a year and a half that was both to DPW and DOW, and they were in review and process for about a year and half /two years, then somewhere around the third year they changed to the 12 -inch. That kind of made us start over on some of the design, at least the Department of Water review cycle, and to be perfectly honest, I thought they would've been done long... completed, reviewed, and approved by now, but we are at the very final throes. The engineers, our consultants, both ATA and Wilson Okamoto, who have submitted plans to Department of Water are in their, I think, third and last plan check through DOW to get this over the goal line. Mr. Keawe: Okay, Mr. Crawford: It just took a little longer than... (Laughter in background) Mr. Keawe: Yeah, because, you know, obviously your letter says the DOW signatures on plans expected mid -2016. So we're at November 22nd Mr. Crawford: And it didn't happen, so we're asking for one (1) more. Yeah. Mr. Keawe: Okay, Chair Mahoney: Any further questions? Commissioner Ho. Mr. Ho: Isn't that overkill? A 12 -inch water main for only six (6) lots? Or it's not up to you? (Laughter in background) Chair Mahoney: If it was, he wouldn't be doing it. (Laughter in background) Mr. Ho: Okay, Mr. Crawford: I mean, in all fairness to the Department of Water, they understand what they wanted, so it wasn't that big of a (inaudible) to us. It did cause some delay, so we just decided to honor their request and change it to a 12 -inch main. Chair Mahoney: Okay. Any further questions? Is there a final recommendation from the Planner? Mr. Bukoski: It is recommended that an extension until November 4, 2017 be granted to obtain 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. E Chair Mahoney: Okay. And you understand the conditions read by the Planner about any further extensions for status report ... what the Planner just read. Are you...? Mr. Crawford: Yes, I understand. Chair Mahoney: Okay. Alright. Any other...? Okay. The Chair will entertain a motion. Mr. Ho: Move to approve extension, Kukui`ula Development, Tax Map Key (4) 2 -6 -019: 026 and 029, extension until November 4, 20170 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 carried 3:0. Thank you. Mr. Crawford: Thank you, Commissioners. ADJOURNMENT Chair Mahoney: And with no further business, we'll adjourn the meeting. Chair Mahoney adjourned the meeting at 8:52 a.m. ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of 9 Respectfully submitted by: arcie Agaran Commission Support Clerk meeting.