HomeMy WebLinkAboutCOM 0766.021 2004-2006
SCD Kona 108 LLC
700 Bishop Street, Suite 1000
Honolulu, HI 96813
r
August 29, 2006 ;
Council Chair Stacy Higa _
County of Hawaii County Council
25 Aupuni Street, Suite 209
Hilo, HI 96720 -Mj
RE: Transmittal of nine copies of letter with attachments in regards to Kona Coffee
Estates/Malulani Gardens issues
Dear Chairman Higa,
Enclosed please find your copy plus eight additonal copies for dissemination of a letter from SCD
Kona 108 LLC to the Malulani Gardens Association president regarding the various issues that we
have been working on to address their concerns about our project and its impact on their subdivision.
We continue to work with the Association, with our next meeting with them set for September 6`h, and
we will keep the Council abreast of any developments prior to our next hearing in Hilo.
Feel free to call Stanford or myself with any comments or questions on any matter.
Aloha,
ichard A. Wheelock
RAW: raw
Enclosures
CC: Stanford Carr w/Enclosures
Comm. No. / 66. L
Ref. To:
Ref. Date SEP 0 5 2006
SCD Kona 108 LLC
700 Bishop Street, Suite 1000
Honolulu, HI 96813
(808) 599-5720
August 28, 2006
Mr. Scott Bell, President
Association of Homeowners of Malulani Gardens
c/o Clark Realty Corporation
75-5722 Kuakini Highway, #103
Kailua-Kona, HI 96740
RE: The Salvation Army, suggested widening of Malulani Drive at Queen
Kaahumanu Highway intersection and suggested re-location of mid-level
road.
Dear Scott,
Stanford Carr and I really appreciate your assistance in the matter of our re-zoning request for the
nearby lands at Kona Coffee Estates. We have been and continue to work hard on trying to
accommodate the desires of the residents of Malulani Gardens. These desires appear to have changed
somewhat recently, based on the oral and written comments by some of the residents as well as the
petition signed by over 50 owners of Malulani Gardens. You were not present at many of the previous
meetings and may not know the whole history of some of the issues, so I would like to mention this
history.
The 24 acres comprising Malulani Gardens ("MG") was re-zoned Residential in 1967 by Jack Ujimori,
with the proposed access coming up the hill from Kuakini Highway. Queen Kaahumanu Highway
("QKH") cut off the lower portion of the property and access from Kuakini when it was built in the
early `80's, and the State provided access from QKH to the MG parcel. As QKH is a "Limited Access"
highway, the State Department of Transportation Highways Division ("DOTH") designated the
highway access from QKH into MG parcel as the access to be used not only by the MG parcel but also
by the Kanuha Ohana parcel and the parcels which comprise Lowes and the proposed KCE.
Hawaiian Development Corporation ("HDC") agreed to buy the MG parcel and the KCE parcels in
1987, and subsequently sold the MG parcel to Brian R. Cook ("BRC") in 1992. At the time of that sale,
HDC placed an easement across the MG parcel in favor of the Kanuha parcel, the Lowes parcel and the
KCE parcels, and a condition of the sale was that BRC had to dedicate that road when it was built.
BRC proceeded to plan and develop MG and HDC proceeded to plan, entitle and develop the Lowes
commercial lands plus the lands now planned for KCE. Note that HDC had planned to build additional
commercial improvements plus over 400 housing units for the local market on the 108 acres now
planned for the low density KCE.
HDC obtained "Commercial" zoning for the approximately 18 acres by Lowes in 1998, at which point
less than a dozen homes had been built and sold in MG. All existing MG owners were notified at that
time, and no objections were raised by them at the time. By the time HDC started construction of the
Lowes site in 2001, many more homes had been built in MG and some of the residents were upset that
a Lowes was going to be near their homes. In spite of the County of Hawaii's requirements that the
roadway from QKH and the planned mid-level road be connected to adjoining projects (see attached
documentation related to the MG PUD approval), and in spite of the State DOT's policy of limited
access to QKH and their plan to have all the adjoining properties use this access, and in spite of legal
obligations allowing use of this lower roadway built on a 60 foot wide County standard roadway lot to
dedicable standards, some residents formed a committee called The Concerned Citizens of Malulani
Gardens and went to Judge Ronald Ibarra's court to attempt to stop "their" roadway from being used by
others.
The case was sent into Mediation, overseen by a judge acting as Mediator and attended by Committee
members; Lowes personnel; the insurance company which has an $11,000,000 insurance policy
assuring access on this lower section of road, now known as Malulani Drive ("MD"); Brian Cook; and
HDC. After one and a half days of productive negotiations, the mediation was terminated when the
Committee demanded $10,000,000 in damages.
The case was sent into binding arbitration, where the Committee and their attorney Michael Matsukawa
argued that the road was owned by the Homeowners Association of Malulani Gardens, or that at least
the Associations' approval of use by others of the road was required. The judge acting as arbitrator in
that case ruled against the Committee and in favor of HDC/Lowes' position, which was that the
Kanuha ohana's parcel and the Lowes and KCE parcels all had the right to use that road.
The Committee then raised new arguments, saying that use of the road should be restricted to
"residential" users only, and not be able to be used by any "commercial" users, and also that the road
can not be dedicated to the County without approval by the Association. These matters were sent to a
different binding arbitration, and heard by a different judge sitting as arbitrator. This judge also ruled
against the Committee's position, and ruled that the road can be used by all and dedicated without the
Association's approval, and that the Committee can not interfere with said dedication. The road is now
in the process of being dedicated to the County of Hawaii. The road has been completed but is not open
as a "through road" yet as the County administration will not allow the barricades to be removed until
the traffic signal at Malulani Drive and QKH is complete, a process that has been lengthened by the
State DOTH decision to add another northbound lane and widen QKH at Malulani Drive.
The County Administration encouraged HDC to work with MG residents to plan the remaining 108
acres of land above Lowes, and HDC held a series of meetings with MG residents in April of 2004
(attended by 32 residents); July of 2004 (attended by 25 residents); and August 2004 (attended by 20
residents). These meetings determined that HDC was not going to get any support for additional
commercial land; affordable housing; multi-family housing; or even higher-density middle-income
housing from the MG residents attending the meetings, so HDC decided to sell the land to Stanford
Carr and myself, acting as SCD Kona 108 LLC (SCD Kona).
SCD Kona had meetings with the residents and explained that SCD Kona intended to build a low-
density, large-lot subdivision with either a Salvation Army site and a small number of multi-family
affordable units or no Salvation Army site but a larger number of multi-family units. Based on a vote
taken by MG residents, SCD Kona proceeded to design and plan the KCE project to include a 5-acre
Salvation Army site plus 16 units of affordable housing plus 57 large lots, as SCD Kona had agreed to
do with MG residents.
It appears that many MG residents have changed their position since then, based on the oral and written
testimony opposing the project, and based on the petitions asking the Council to deny the re-zoning. In
the past months we have had three meetings with you and/or other Board members plus one open
meeting with residents of Malulani Gardens, which meeting as attended by about 15 people, to try and
address the issues and concerns raised by MG residents. We have scheduled our next open meeting for
September 6' at 5:30 PM at the King Kamehameha Kona Beach Hotel's "Honu" room.
It has been made clear by the residents via petition, letters, email and testimony as well as in the
meetings that their major concerns are the Salvation Army site, the traffic on the lower portion of
Malulani Drive and concern about safety for the residents of Kona Coffee Estates as there is only one
entry planned for the project in the initial stage of development. The major concerns about the lower
portion of Malulani Drive have been 1) Possible hindrance of egress from the gated entry onto
Malulani Drive due to a backup queue in the new left-turn lane at the signalized intersection; 2) Safety
issues about Queen Kaahumanu Highway north-bound drivers taking the turn onto Malulani Drive at
high speed, imperiling Malulani residents; 3) Limited visibility of drivers exiting the gate both mauka
on the extended Malulani Drive due to a rise in the topo of the road and makai due to a thick hedge; 4)
the use of Malulani Drive by delivery trucks for Lowes; 5) any intrusion into the gated community of
Malulani Gardens by the public due to our project; 6) the use of Malulani Drive by construction
vehicles for the KCE project; and 7) just a general resistance to any increase in traffic on what many
residents continue to call "our road".
As to Number 1 above, it was suggested that we work on the possibility of widening the lower portion
of Malulani Drive by taking a portion of the park so as to provide a fifth lane for Malulani Gardens
residents to "merge" through and avoid any lengthy queue at the left-turn lane. In addition to the
Traffic Impact Analysis Report indicating that this is not necessary, we have concerns about the
Association getting the necessary 75% vote to do such a thing, but we looked into it, meeting with our
engineers, State Department of Transportation personnel, and County of Hawaii personnel.
Our engineers looked at the addition of another lane to Malulani Drive and noted that the addition
would be limited to the area makai of the gate, due to the fact that the park property starts at the gate
and widens out as it goes makai. This means that such a lane would be pretty short, limited to the
length between the gate and the widened Queen Kaahumanu Highway (the State is adding another lane
to Queen Kaahumanu Highway, which will move the highway more mauka and shorten the distance
available for such a new lane). It is physically possible but the length of the lane is not very conducive
to merging and will likely be a safety issue. Our engineers came up with two alternative resolutions to
the concern about egress from the gate, both of which involve a revised striping plan and additional
signage, which they call Option One and Option Two. I have enclosed copies of these Options for your
review, as we tried to discuss them at the open meeting with the residents but met with little success.
The State DOTH has taken the position that they will not support such an endeavor, nor will they
oppose it. They are in the process of widening Queen Kaahumanu Highway (as noted above) and will
be adding an additional northbound lane at Malulani Drive, and any plans would have to mesh with
their plan, but they expressed willingness to work with us. They did express concern about the affect on
pedestrians and bike riders as an additional lane on Malulani Drive would widen the intersection, which
is a safety issue.
The County Department of Public Works and their Engineering and Traffic Divisions have reviewed
the suggestion, and they are ultimately responsible as this roadway lot is in the process of being
dedicated and must meet County dedicable standards. Their preliminary assessment is that the short
length of the additional lane will present safety issues for a merging lane, and they also shared the State
DOT's concerns about the pedestrians and bikeriders. They do not appear very supportive of the plan
for such a lane.
We ran into a major roadblock to this plan when we approached HDC, which has the right to have
Malulani Drive dedicated. The dedication process has re-commenced, after having been delayed for
over three years due to the litigation and two arbitrations between Concerned Citizens of Malulani
Gardens and Hawaiian Development Corporation about the use of this road. As mentioned earlier,
HDC won several expensive arbitrations concerning this matter, and they are now extremely intent that
no new delays in dedication occur, especially given that verbal threats by some residents of Malulani
Gardens have been made that they will oppose the dedication in spite of the arbitration rulings. At this
juncture, HDC will not allow any delays to take place in the dedication process, so this added lane
possibility appears to be dead.
As to Number 2 above, there was a stated concern that drivers will take the right-hand turn northbound
onto Malulani Drive at high speed and crash into vehicles or pedestrians. I presume this risk already
exists. There is a speed limit sign posted appropriately, and the design of the roadway is to County
dedicable standards so this risk should be minimal, but we can not control drivers from breaking the
law. We could look at additional signage on QKH to address this matter, or the County may allow
some sort of traffic calming measure to be installed on MD if this problem surfaces.
As to Number 3 above, the site distance from the gated entry looking east meets with County site
distance requirements, and there is a Stop sign at that intersection, so our engineers tell us that should
not be a problem. As to the hedge blocking views west from the gated entry, that is an issue. An
investigation has determined that the hedge is on land belonging to the MG project, so I suggest that
the Board have that hedge trimmed.
As to Number 4 above, the Plan Approval process for Lowes included an agreement by Lowes to have
their delivery drivers use the Henry Street access to address this concern, which was raised years ago.
The concerned Malulani Drive resident stated that the delivery drivers will ignore that instruction and
go up Malulani Drive, so the request was made to install a traffic measure to disallow any large truck to
go up MD and turn into the Lowes street; Hale Kapili Street. After review of this request, it has been
pointed out that this would disallow fire trucks and other emergency vehicles from having such access
and would not be safe. We will have to rely on Lowes and the drivers living up to their obligations,
which can be enforced by the County or communications with the trucker's employers if necessary.
As to Number 5 above, Malulani Gardens will continue to be a gated community, although two
additional gates will need to be installed when the mid-level road required by the County is opened up.
None of the residents or guests of KCE will have any access rights into the gated MG subdivision.
As to Number 6 above, SCD Kona 108 LLC intends to have the construction vehicles access the
project as much as possible by using the mid-level road in order to accommodate the MG residents'
request.
As to Number 7 above, we have reduced the projects' scope by over 75% from the original plan,
eliminating commercial usage and knocking down the number of residential units from over 400 to
under 100 in order to accommodate the MG residents. In addition, we are planning to add the mid-level
road and a portion of the Hienaloli extension as a part of the project, which will help move traffic off of
QKH and away from the MD intersection over time.
Speaking of the mid-level road, SCD Kona has presented a revised plan to the MG residents which
brings a second access to the KCE project through this road in response to the MG residents stated
concerns about a second access being necessary for both traffic and safety reasons. This second access
not only addresses the safety issues of KCE, but also of MG as currently the MG subdivision has only
one single access, and the mid-level road plan as proposed will provide a second access to MG as well
as to KCE. It also takes a little pressure off of the existing Malulani Drive according to our updated
TIAR (copy enclosed), although not very much.
When we presented this revised plan (copy enclosed) to the MG residents, their response was
somewhat underwhelming. It appeared they were not pleased with this particular plan in spite of the
safety benefits, as it would require the installation of the two new gates. Some MG residents requested
us to look at re-locating this mid-level road required by the County (which bisects Phase Il and Phase lI
of MG subdivision) to a lot located just mauka of MG, which lot is owned by Brian R. Cook. This
would place the mid-level road just above the homes at the top of MG, and I assume would leave the
existing mid-level road through MG as a vacant land parcel.
When we approached him, Brian Cook stated that he would sell that lot to us to allow us to build the
road, so we talked with the County DPW Traffic and Engineering Divisions about their position on
such a matter. They pointed out that the existing mid-level road has been planned for that location from
the inception of the MG project, and that the completion of that roadway will be both for traffic
connectivity purposes and for safety purposes, as that will allow the 121 homes in MG to have a second
ingress/egress from their cul-de-sac project. They also pointed out that the existing mid-level road was
planned where it is as the extension of that road intersects Palani Road at a location acceptable for
roadway planning purposes, whereas an intersection further mauka is not desirable.
The County DPW may support a road located on the lot just mauka of MG subdivision, but it would be
in addition to the existing mid-level road, which they want connected in accordance with the stated
conditions of approval for Malulani Gardens PUD. The residents of Malulani Gardens can approach the
County Council to request an amendment of the conditions of approval for Malulani Gardens, but the
County DPW will oppose this request based on or conversations with them.
As to the Salvation Army, TSA has taken a nuetral position on the proposed 5-acre site within the KCE
project. Their Honolulu division may or may not decide that they want a site here, so we are assuming
at this time that there will not be a Salvation Army site in this project, but this could change. Assuming
that TSA decides they do not want to be there, or the County Council instructs us not to inlcude TSA in
the project, then we intend to increase the multi-family and affordable housing component of the KCE
project to use the 5-acre site. It has been correctly pointed out that the additonal housing will produce
less traffic than the TSA project as designed.
If TSA does decide they want the site, they would be required to obtain a Use Permit for their project,
which process includes public hearings and input. The MG residents will have ample opportunity to
express their support or lack thereof for the TSA at that time.
Again, we greatly appreciate your efforts to work with us on this matter, and ask you to circulate this
letter and attachments to those involved and review the Options for the gated entryway for
consideration.
We would like you and other interested residents to attend another meeting in Kailua-Kona on August
6, 2006 at 5:30PM at the King Kamehameha Kona Beach Hotel to disucss our findings and options.
As always, your comments and those of your neighbors are welcome.
Sincerely,
Richard A. Wheelock
RAW: raw
Enclosures
CC: Stanford Carr w/Enclosures
Marisa Furfaro w/Enclosures
Linda Moribito, Manager w/Enclosures
Council Chair Stacy Higa w/Enclosures
Brian R. Cook w/Enclosures
Joseph H. Whitney, HDC w/Enclosures
Caroline Smith w/Enclosures
Steve Arnett, Kanuha Ohana w/Enclosures
Chris Yuen w/Enclosures
Norman Hayashi w/Enclosures
Bruce McClure
Ki Emler, DPW Engineering w/Enclosures
Ron Thiel, DPW Traffic Safety w/Enclosures
Robert Taira, State DOTH Hilo Division Chief w/Enclosures
- O,NSV as M9
k'% Virginia Goldstein
Stephen K. Yamashiro Director
Mayor Norman Olesen
Deputy Director
1TF ei•N ~,Jt
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 - Fax (808) 961-9615
CERTIFIED MAIL
September 15, 1994
Mr. Steven Lim
Carlsmith Ball Wichman Murray
Case Mukai & Ichiki
121 Waianuenue Avenue
Hilo, Hawaii 96720
Dear Mr. Lim:
PLANNED UNIT DEVELOPMENT APPLICATION WH(PUD94-01)
APPLICANT: BRIAN COOK - MALULANI GARDENS SUBDIVISION
121 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION
Tax Man Key: 7-5-003: 003
After reviewing the information submitted with the Planned Unit
Development, the Planning Director certifies the approval of the
Planned Unit Development (PUD) application to allow the
construction of a 121 unit Single Family Residential Subdivision
Development on a 23.987 acre parcel situated within the Single
Family Residential 7,500 square feet (RS-7.5) zone district with
variances from the Supplementary Yards and Open Space,
Projections into Required Yards and Open Spaces, Minimum Building
Site Areas, Minimum Yards, Other Regulations requirements of the
Zoning Code, Chapter 25 and Minimum Lot Sizes, Minimum Right-of-
Way and Pavement Widths, Intersection Angles, Corner Radius, Cul-
de-Sacs, Grades and Curves, Street Lights, Street Names and
Traffic Signage, Right-of-Way Improvement requirements of the
Subdivision Code (Chapter 23) and Yards and Projections into
yards of the Housing Code pursuant to the requirements of Chapter;
25 (Zoning Code), Article 21 (PUD, Planned Unit Development).
The subject property is situated on the east (mauka) side of the
Queen Kaahumanu Highway approximately 2,600 feet south of the
Queen Kaahumanu Highway/Palani Road intersection in Keopu, North
Kona, Hawaii, TMK: 7-5-003: 003.
FINDINGS:
1. In accordance with Section 25-247 oFjf,-the Zoning Code, the
^ F•a V"6. Imo"
fSEP 2 0 1994
Mr. Steven Lim
Page 2
September 15, 1994
proposed single family residential uses are permitted by the
existing single family residential zoning of the property.
In accordance with requirements of Section 25-251(Finding by
planning department to approve P.U.D.)
2. The construction on the project shall begin within a
reasonable period of time from the date of full approval and
shall be completed within a reasonable period of time.
The applicant has already constructed a single family
dwelling on the property which is being shown as a model
home for the proposed Planned Unit Development. The
proposed development timetable for the Planned Unit
development will be done in phases with Phase lA occurring
as soon as all other necessary governmental approvals have
been secured. Phase 1 will consist of 39 house and lot
packages. Within Phase 1, there will be two phases, lA with
19 units and 1B with 20 units. The site work for Phase 1
should be completed on or by May 1995. Subject to the sales
in Phase 1, site work in Phase 2 would start by September
1995 with completion in February of 1996. Site work on
Phase 3 would start by August 1996 with completion by
December of 1996. All house construction should be
completed by the summer of 1997, giving the overall project
approximately 3 years for the development and completion of
construction activities.
3. The proposed development substantially conforms to the
General Plan.
The following General Plan elements goals, policies and
standards of action are in conformance with the proposed
Planned Unit Development.
• HOUSING ELEMENT:
GOALS: Attain safe, sanitary and livable housing for
the residents of the County of Hawaii. Attain a
diversity of socio-economic housing mix throughout the ;
different parts of the County. Maintain a housing 3
supply which allows a variety of choice. Develop
better places to live in Hawaii County by creating
viable communities with decent housing and suitable
living environments for our people. Improve and
maintain the quality and affordability of the existing
housing stock. Seek sufficient production of new
affordable rental and fee-simple housing in the County
in a variety of sizes to satisfactorily accommodate the
needs and desires of families and individuals. Ensure
Mr. Steven Lim
Page 3
September 15, 1994
that housing is available to all persons regardless of
age, sex, marital status, ethnic background, and
income. The cornerstone of the County's Housing
programs and activities shall continue to be the
encouragement and expansion of appropriate home
ownership opportunities for our residents.
• POLICIES
The County shall encourage a volume of construction and
rehabilitation of housing sufficient to meet growth
needs and correct existing deficiencies. The County
shall initiate and participate in activities with the
private sector including the provision of leadership
and expertise to neighborhoods and nonprofit
organizations in the development of housing and
community development projects.
• LAND USE ELEMENT
GOALS: Designate and allocate land use in appropriate
proportions and mix and in keeping with the social,
cultural, and physical environments of the County.
POLICIES: Promote and encourage the rehabilitation and
use of urban and rural areas which are serviced by
basic community facilities and utilities. The County
shall encourage the development and maintenance of
communities meeting the needs of its residents in
balance with the physical and social environment.
• LAND USE ELEMENT (SINGLE FAMILY RESIDENTIAL)
GOALS: To maximize choices of single family
residential lots and/or housing for residents of the
County. To provide single family residential areas
conveniently located to public and private services,
shopping, other community activities and convenient ;
access to employment centers. The County shall i
encourage more innovative uses of land with respect to
geologic and topographic conditions through the use of
residential cluster and planned unit developments. The
clustering of residential units in sloping areas is a
means of minimizing grading and drainage problems,
preserving the natural appearance of the topography,
preventing strip development, and making optimum uses
of the terrain for buildings and open space. The
County shall incorporate flexibility in codes and
Mr. Steven Lim
Page 4
September 15, 1994
ordinances to achieve a diversity of socio-economic
housing mix and to permit aesthetic balance between
single family residential structures and open spaces.
• RECREATION ELEMENT:
GOALS: Provide a variety of recreational opportunities
for the residents and visitors of the County. Maintain
the natural beauty of recreation areas. Provide a
diversity of environments for active and passive
pursuits.
POLICIES: The use of land adjoining recreation areas
shall be compatible with community values, physical
resources and recreational potential. The proposed
Planned Unit Development will implement the above goals
and policies of the applicable element of the General
Plan, in particular with the above cited elements.
4. All residential development shall constitute an environment
of sustained desirability and stability, shall be in harmony
with the character of the surrounding neighborhood, and
shall result in an intensity of land utilization no higher
than, and standards of open space at least as high as
permitted or as otherwise specified for the district in
which this development occurs.
The applicant's design concept for the proposed Planned Unit
Development is to provide a neighborhood environment that
fosters a "Sense of Community" and promotes social
interaction; provide for a safe, pedestrian oriented
environment; develop a master plan that fits harmoniously
into the local context with housing design that respects
local building vernacular and landscaping that blends well
with the natural environment and provide housing at a
reasonable cost for the "Gap Group" segment of our local
residents - those whose income is too high to qualify for
affordable housing but not enough to buy the medium price
home in Hawaii. The maximum allowable density under the
present zoning is 139 units. The applicant would have
developed 110 lots, 7,500 square feet in size if a standard
subdivision was to be developed. The applicant is proposing
to develop 121 units, a loo increase in density from the
standard subdivision layout. The access to the subdivision
will be from Queen Kaahumanu Highway with the inclusion of
roadway stub-outs to integrate with the proposed 2020
Roadway Plan. The main street with on-street parking has an
AC pavement width of 36 feet and a 44 foot right-of-way.
Mr. Steven Lim
Page 5
September 15, 1994
Minor secondary streets have an AC pavement width of 20 feet
with a 28 foot right-of-way. Curbing for the streets will
be similar to Detail R-1 of the County Standard Details.
Sidewalks, 4 foot wide will be provided on both sides of all
streets. The drivecourts have a 50 feet x 100 feet AC
pavement area versus the 36.92 feet x 72 feet AC pavement
area for the County Standard "T-Turnaround." These roadway
sizes should allow proper access for service and emergency
vehicles. With existing grades of the site ranging from 8%
to 14%, street grades will be moderate with two thirds of
the streets in the range of 8% to loo and the remaining one
third in the range of 10% to 14%. The main street will have
3 parks which will act as speed buffers forcing traffic to
stop at these locations. The parks will also provide
spatial interest and visual variety in the community. These
elements are designed to provide a higher level of
pedestrian safety within the community. The development's
average lot size is 5,830 square feet with lots ranging in
size from 4,305 square feet to 10,223 square feet. The
majority of the lots have a width in the 50 to 55 feet range
and a lot depth in the 100 to 110 feet range. With the PUD
approach, the houses are controlled in size, to reduce the
impact of development and small lot size appearance. The
PUD will have the standard 15 foot front and rear yard
setbacks. The variance request for side yard setbacks is
due to the design of the homes with lanais on the side of
the houses. With controlled housing widths, reducing the
side yard setback allows for more useable space at the side
yard with the lanai. In the worst case scenario, the
minimum distance between homes is 15 feet. A primary design
goal of the PUD is to provide a safe, visually stimulating
and efficient pedestrian network system throughout the
community.. Sidewalks, 4 feet in width are located on both
sides of all streets, providing convenient access to the
neighborhood parks and access to all house lots. The
drivecourts have landscape pedestrian easements to the main
street to allow both pedestrians and bicycle riders an
alternate access route to the main street landscape
environment and park system. Landscaping will play a a
central role in the master plan to provide an inviting
residential atmosphere with open spaces that are shaded to
encourage outdoor activities and social interaction. The
major components are the project entry area, main street
theme, neighborhood parks, landscaped archaeological sites,
pedestrian easements, landscape easements and private
drivecourts. The Housing design will be instrumental in
adding to the feel of a traditional neighborhood through its
use of materials, color and regional architectural style.
Mr. Steven Lim
Page 6
September 15, 1994
The houses will have a dominant front lanai that in most
cases fronts the main street or drivecourt. There is a rear
or side lanai with each house for outdoor dining and social
purposes. At the street facade, two car garages will be
setback from the front of the lanai, minimizing their
impact. Hip roofs, 3 foot overhangs, horizontal lapped
siding, traditional styled window placement and historical
colors will create the feel of "Hawaiian Architecture."
Energy efficient design measures are integrated into the
design of each home related to cross ventilation,
insulation, solar heating and skylighting. There will be 4
to 5 model homes, both one story and two story ranging in
size from approximately 1,100 square feet (2 bedroom, 2
bath) to 1,500 square feet (3 bedroom, 2 and 1/2 bath).
Sales prices for the homes will range from a low of
approximately $210,000 to a high determined by the prevalent
market conditions. The homes in Phase I will sell for
approximately $210,000 to $250,000. The project's CC & R's
will be structured to maintain the quality of the original
design intent and insure the investment of the homeowners
will be protected.
5. The development of a harmonious, integrated whole justifies
exceptions, if required, to the normal requirements of the
Zoning and Subdivision Codes, and that the contemplated
arrangements or use make it desirable to apply regulations
and requirements differing from those ordinarily applicable
under the district regulations.
The proposed PUD fosters a "Sense of Community" by offering
opportunities for the residents to meet, recreate,
socialize, walk and experience their neighborhood
environment in ways that are not available to the residents
of the standard subdivision community. Parks and open
spaces are provided for a variety of activities to occur.
There are places for children to play versus being limited
to the street for this activity. It offers a safe
pedestrian environment for the residents who enjoy walking ;
and riding bicycles. It promotes social communication
through the use of lanais facing the main street and its
park system. In short it offers the residents a safer, more
enjoyable, and socially rewarding community to live in.
Therein, the proposed Planned Unit Development is a
development of a harmonious, integrated whole which
justifies exceptions to the normal requirements of this
chapter, as the contemplated arrangements and single family
residential use make it desirable to apply regulations and
requirements differing from those ordinarily applicable
Mr. Steven Lim
Page 7
September 15, 1994
under the district regulations.
6. In accordance with Section 25-252 (Actions permitted on
application), the planning department may conditionally
approve an application for a P.U.D.. In accordance with
Section 25-253 (Imposition of conditions upon approval) Any
conditions imposed by the planning department upon approval
of an application for P.U.D. may include but are not limited
to the time within which the project shall begin and be
completed, changed boundaries of the project, uses
permitted, specification of minimum development standards,
specified street dedication and improvement, utilities to be
furnished, and a list or limit of variances permitted. In
accordance with section 25-555 (Effect of P.U.D. application
approval) Any P.U.D., as approved, shall be subject to all
conditions imposed and shall be excepted from other
provisions of this chapter only to the extent specified in
said approval.
Based on the above, the following list of variances are approved
for this Planned Unit Development:
ZONING CODE:
1. Variances and exhibits 1 to 11 listed in the Table of
Contents, page 1 of the Variance Requested Supplement
document dated 6-28-94. (ATTACHED AS EXHIBIT 1)
SUBDIVISION CODE:
1. Variances and exhibits 12 to 19 listed in the Table of
Contents, page 1 of the Variance Requested Supplement
document dated 6-28-94. (ATTACHED AS EXHIBIT 2)
HOUSING CODE:
1. Variances from the Housing code and listed as exhibits
20 to 22 must be applied for and secured from the ;
Boardof Appeals. (ATTACHED AS EXHIBIT 3) 3
Based on the above findings, the Planning Director has approved
the Planned Unit Development Application subject to the following
conditions:
A. The applicant, its successors or assigns be responsible
for complying with all of the stated conditions of
approval.
Mr. Steven Lim
Page 8
September 15, 1994
B. The applicant shall indemnify and hold the County of
Hawaii harmless from and against any loss, liability,
claim or demand for the property damage, personal
injury or death arising out of any act or omission of
the applicant, its successors or assigns, officers,
employees, contractors and agents under this permit or
relating to or connected with the granting of this
permit.
C. The effective date of the PUD, except as otherwise
conditioned in the following subsections, shall be upon
receipt of the official acceptance from the Department
of Water Supply and the Department of Public Works,
Wastewater Division that the applicant has paid for the
water commitment deposit to secure the 121 water
commitments for the proposed Planned Unit Development.
D. The plans for Phase lA of the proposed subdivision
shall be submitted to the Planning Director within five
(5) years from the effective date of the Planned Unit
Development (PUD). The proposed subdivision shall not
exceed a maximum limit of 121 lots and may be
accomplished in phases. The subsequent phases shall be
submitted for subdivision review only upon securing
approval of the Letter of Map Revision (LOMB) from the
Federal Emergency Management Agency (FEMA) and review
and approval by the Chief Engineer, of the Department
of Public Works in consultation with the Planning
Director. Should the applicant receive the approval of
the LOMR from FEMA, the applicant shall have the option
to submit subdivision plans for the entire development.
E. If necessary, the applicant shall prepare a data
recovery and mitigation/preservation program for the
subject area which shall be submitted to be reviewed
and approved by the Planning Department, in
consultation with the State Department of Land and
Natural Resources-Historic Preservation Division, prior
to submitting plans for subdivision review. This Plan >
shall consist of a detailed archaeological data
recovery plan (scope of work with research design) and
a detailed mitigation/preservation plan. The Planning
Department and the State of Hawaii's Historic
Preservation Division shall verify in writing the
successful execution of the plan, prior to land
altering activities in the area of historic sites.
Proposed mitigation treatment (preservation in place or
Mr. Steven Lim
Page 9
September 15, 1994
disinterment/reinterment) for burial sites must be
approved by the Historic Preservation Division's Hawaii
Island Burial Council before detailed mitigation plans
are finalized for these sites. This action if
applicable, must be submitted and mitigation measures
taken prior to issuance of any construction permits for
the development of the subject Planned Unit
Development.
F. Should any unidentified sites or remains such as
artifacts, shell, bone, or charcoal deposits, human
burials, rock or coral alignments, paving, or walks be
encountered, work in the immediate area shall cease and
the Planning Department shall be immediately notified.
Subsequent work shall proceed upon an archaeological
clearance from the Planning Department when it finds
that sufficient mitigative measures have been taken.
G. Access to the property from Queen Kaahumanu Highway
Extension shall include improvements as required by the
Department of Transportation, Highways Division and the
interior roadways shall be constructed in compliance
with the roadway variances as approved in the Planned
Unit Development application. Any deviations from
roadway standards for which the Department of Public
Works has sole jurisdiction shall be applied for and
secured through the proper appeal process whether it be
an administrative or an appeal from the Board of
Appeals.
H. An overall landscaping master plan, which includes
landscaping along the property's frontages along Queen
Kaahumanu Highway extension, the interior roadways,
parks and individual lots and a program for the
maintenance of the landscaping shall be submitted to
the Planning Director for review and approval, in
consultation with the Chief Engineer prior to the
issuance of final subdivision approval. The Queen
Kaahumanu Highway frontage landscaping shall be
installed prior to occupancy of units in Phase 1A. All
other lots frontage and park landscaping improvements
shall be installed prior to the occupancy of the units
in each subdivision phase of the Planned Unit
Development.
I. The applicant shall comply with the Integrated Solid
Waste Management Plan as approved by the County
Council.
Mr. Steven Lim
Page 10
September 15, 1944
J. The applicant shall construct all on site sewer,
drainage, roadway and water system improvements
required by the Department of Water Supply, Fire
Department, Department of Public Works and State
Department of Health. In addition, all utilities for
the proposed development shall be placed underground.
K. Comply with all applicable laws, rules, regulations and
requirements.
L. An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
Planned Unit Development (PUD) permit. The report
shall include, but not be limited to, the status of
the development and to what extent the conditions of
approval are being complied with. This condition shall
remain in effect until all of the conditions of
approval have been complied with and the Planning
Director acknowledges that further reports are not
required.
M. An initial extension of time for the performance of
conditions within the ordinance may be granted by the
Planning Director upon the following circumstances: a)
the non-performance is the result of conditions that
could not have been foreseen or are beyond the control
of the applicants, successors or assigns, and that are
not the result of their fault or negligence; b)
granting of the time extension would not be contrary to
the general plan or zoning code; c) granting of the
time extension would not be contrary to the original
reasons for the granting of the Planned Unit
Development Permit; d) the time extension granted shall
be for a period not to exceed the period originally
granted for performance (i.e., a condition to be
performed within one year may be extended for an
additional 5 years); and e) if the applicant should
require an additional extension of time, the applicant
may submit a request for further time extension
pursuant to Section 25-256 (Extensions and Amendments).
Mr. Steven Lim
Page 11
September 15, 1994
Should any of the conditions not be met or substantially complied
with in a timely fashion, the Director shall initiate the
nullification of the Planned Unit Development Permit.
cerely,
K
VIRG NIA GOL STE N
PP,lanning Dir ctor
I
v
RHY
Enclosures
xc: West Hawaii Office
Christopher Roehrig
DPW, Building Division
DPW, Engineering
i
Exhibit 6: Yard Designation
Variance Request No. i - Zoning Code
Lots with
fi 3 Request No. I
r Zoiung Code
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Exhibit 16: Cul-De-Sac
Variance Request No. 5 - Subdivision Code
Request:
The applicant request the cul-de-sac be allowed as illustrated below:
t
s
Phase Three
turn-around
at cul-de-sac
21 lots
turn-around
at park
46 lots
park
~n
CO
CO
25 lots
tE
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horizontal road
extension
Application for a Planned Unit Development
1 ?
i Keopu 2nd, North Kona, County of Hawaii, T.MX 7-5-03:3
I Brian R. Cook Development
Kaneohe, Hawaii
1
.'Owl.
Walulani =-Gardens
Traditional Island Living
1
Prepared By
V slay
PLANNERS
ARCHITECTS
Reid & Associates, Inc.
Gerry Rott & Associates
Steven S.C.Lim
with
Carlsmith, Ball, Wichman, Murray, Case &Ichild
Attorneys At Law
6113/94
i
Table of Contents
¦ Statement of Objectives & Reasons for Request
Development Objectives and Goals page 2
Reason For The Request page 2
Existing Conditions
Site Location and Zoning page 3
Contiguous Land Use page 3
Site Access page 3
Local Amenities page 3
Existing Grades page 3
Existing Views page 4
Site Climate page 4
Site Soils and Vegetation page 4
Site Drainage and Flood Study page 4
Archaeological Inventory Survey page 5
¦ Initial Masterplan Concert Study "
Initial Design Approach page 6
Density page 6
Traffic page 7
Lot Size page 7
Crowded Appearance page 7
Neighborhood Quality of Life page 8
¦ Proposed Masterplan Concept
General Concept Page 9
Density and Lot Size page 10
Traffic Impact page 11
Vehicular Circulation and Roadway Design page 11
Pedestrian Circulation page 12
Landscape Theme and Open Space Design page 12
Housing Design and Projected Sales Price page 14
Site Utilities page 15
Mail, Trash, and Emergency Vehicle Access page 17
Parking page 17
CC&Rs page 17
Benefits to the Community page 19
¦ Variances Requested page 20
¦ Project Time Table page 21
¦ General Plan Conformance page 22
¦ Project Statistics page 26
¦ Exhibits page 27
1
5
Traffic
Both concepts utilize the main access entry from Queen Kaahumanu
Highway and the location of the roadway stub outs to integrate with the
proposed 2020 Roadway Plan. With only a 10% increase in density the
traffic impact from both concepts should be within a workable range. A
full traffic study with mitigating measures will be undertaken.
Lot Size
The standard subdivision has approximately 88 lots at 7,500 s.f and 22 lots
that are approximately 15% larger. The lot width varies from 60' to 75'
with the majority being in the 70' range. The lot depth varies from 85' to
125' with the majority being in the 110' range.
The planned unit development's average lot size is 5830 s.f. with lots
ranging in size from 4,305 s.f. to 10,223 s.f. The majority of the lots have a
width in the 50' to 55' range and a lot depth in the 100' to 110' range.
The perception of lot size is affected by the size of the house provided on
the lot. In the standard subdivision, houses are allowed to fill out to the
site's yard setbacks, thus reducing the appearance of open space. With the
planned unit development approach, the houses are controlled in size,
reducing the impact of an over built environment and small lot size
appearance.
Crowded Appearance
The yard requirements for the standard subdivision with RS 7.5 zoning is
15' front and rear yards, and 8' for the side yards. In a worst case scenario,
with owners allowed to build to the yard setbacks, 16' is the distance
between the homes side to side.
The planned unit development has the standard 15' front and rear yard
setbacks and the appliciant is asking for a number of variances in the side
yard criteria. The request for the side yards is due to the design of the
homes with lanais on the side of the houses. With controlled housing
widths, reducing the side yard setback allows for more useable space at
the side yard with the lanai. In a worst case scenario, using Model "C",
which is the widest home at 35', the distance between the homes is 15'.
With 1' reduction in distance between homes from the standard
subdivision, the effect of "over crowding" has been mitigated. (See Exhibit E:
Comparison Distance Between Homes, page 35)
I Neighborhood Quality of Life
The primary reason for pursuing a planned unit development approach
for the project versus the standard subdivision layout is to provide a
higher standard of design and a better quality of life for the residents.
I' The standard subdivision has many short comings in the amenities it
provides and the neighborhood environment it creates. It lacks
neighborhood parks and open spaces for the children and community to
interact. It fails in its ability to provide for pedestrian activities and
movement. It inhibits social communication, breaking down a sense of
community. In summary, it offers very few benefits to the residents and
has minimal advantages when compared to the planned unit development
approach.
The planned unit development fosters a "Sense of Community" by offering
opportunities for the residents to meet, recreate, socialize, walk and
experience their neighborhood environment in ways that are not available
to the residents of the standard subdivision community. Parks and open
spaces are provided for a variety of activities to occur. There are places for
children to play versus being limited to the street for this activity. It offers
a safe pedestrian environment for the residents who enjoy walking and
riding bicycles. It promotes social communication through the use of
lanais facing the main street and its park system. In short it offers the
residents a safer, more enjoyable, and socially rewarding community to
live in.
8
The development team's goal was not to maximize the density but to set
the density at a level that works best with the existing topography, allows
for a variety of open landscaped spaces, and has the appropriate feel for a
traditional neighborhood environment. The end result for the masterplan
is 121 residential units, 14 less than is allowed by zoning. The lots range in
size from 4,305 s.f. to 10,223 s.f., with the average lot size being 5,830 s.f.
Traffic Impact
Discussions with the Department of Transportation Hawaii District office,
indicate that deceleration and acceleration lanes as well as a left hand turn
pocket will be required for the project exit onto Queen Kaahumanu
Highway Extension. The intersection will be approximately 800 feet south
of the Henry Street intersection.
The project will have little effect on the surrounding streets. These streets
will be reaching capacity and alternate routes should be found or
additional improvements, other than those of adjacent developments, be "
made to Queen Kaahumanu Extension. During the morning peak traffic
there will be delay making a left turn into the project and during the
afternoon there will be a delay making a turn out of the project.
The County Engineering Department has indicated they will require a full
traffic study along with mitigating measures.
Vehicular Circulation And Roadway Design
Initially, ingress and egress circulation will be from the Queen
Kaahumanu Highway on the makai side of the site. The intersection at this
location will be improved to facilitate both entry and exit to and from the
highway. A horizontal road stub out is provided within the masterplan to
integrate with the 2020 Roadway Plan and provide access to the future
commercial nodes proposed for Kona in this area. This stub out location is
recommended by Reid & Associates, Inc., the firm that is developing the
2020 Roadway Plan with the County of Hawaii. This will provide the site
with three entry and exit points for vehicular circulation.
A private roadway system for the masterplan is being proposed and is
designed within the recommended street widths as outlined in the
Standard Details for Public Works Construction with some minor
modifications. The main street with on street parking has an AC pavement
width of 36' and a 44' R.O.W. Minor secondary streets have an AC
pavement width of 20' with a 28' R.O.W. Curbing for the streets will be
similar to Detail R - 1 of the County Standard Details. Sidewalks, 4' wide
11
will be provided on both sides of all streets. The drivecourts have a 50'
x100' AC pavement area versus the 36.92' x 72' AC pavement area for the
County Standard "T - Turnaround". The turnaround at the end of the main
street will meet the size criteria for the County Standard of a "Circular
Turnaround". These roadway sizes should allow proper access for service
and emergency vehicles. With existing grades of the site ranging from 8%
to 14%, street grades will be moderate with two thirds of the streets in the
range of 8% to 10% and the remaining one third in the range of 10% to
14%.
The main street mitigates traffic speed through the neighborhood without
the use of speed bumps by providing three parks equally distributed
throughout the main street roadway. These parks act as speed buffers
forcing traffic to stop at these locations. Not only will the parks slow
traffic speed but will also provide spatial interest and visual variety in the
community. These measures were taken to provide a higher level of
pedestrian safety within the community knowing that speed limit signs
are ineffective in controlling traffic speed. (See Exhibit 10: 2020 Roadway Plan,
page 37 and Exhibit 11: Roadway Stub Outs, page 38) +
Pedestrian. Circulation
A primary design goal of the masterplan is to provide a safe, visually
stimulating and efficient pedestrian network system throughout the
community. Sidewalks, 4' wide, are located on both sides of all the streets,
providing convenient access to the neighborhood parks and access to all
house lots. The drivecourts have landscape pedestrian easementg to the
main street to allow both pedestrians and bicycle riders an alternate
access route to the main street landscape environment and park system.
All of the elements combined, the street trees, neighborhood parks,
landscape easements, and drivecourts will establish a "Sense of Place" that
services both the needs of the pedestrian and automobile alike.
Landscape Theme and Open Space Desiga
Sensitive landscaping and the development of a variety of open spaces is
critical to the development of neighborhood character in a residential
community. What is missing today in our standard subdivision layouts is
a "Sense of Place" due to their homogeneous look and minimal spatial
variety. Too few of our newer communities on the Big Island lack
sufficient landscaping to blend buildings into our natural landscape and
now the island is developing an appearance of suburban sprawl.
V
Public Utilities
Since the project is being developed in an urban area already serviced
with some utility infrastructure, less of a demand is placed on our current
infrastructure as compared to development that occurs further away from
our town core.
The development will have all underground utilities, minimizing their
visual impact on the community.
Recreation
Three passive, recreational parks are being provided within the
community to promote a sense of community and allow for social
interaction. This will reduce the strain on our existing park system by
having these amenities available to the residents.
Transportation
The masterplan incorporates two roads that will integrate into the
proposed 2020 Roadway plan being developed by Reid & Associates, Inc.
in conjunction with the County of Hawaii. Both the entry road stub at
Queen Kaahumanu and the horizontal stub at the site will provide
convenient access to the future commercial nodes being developed in this
area. These roadway stubs will be part of the proposed 2020 Roadway
plan, improving vehicular circulation and access.
Central to the masterplan concept is the development of a pedestrian
oriented community to accommodate both people on foot and bicycle
riders. The site's pedestrian system is meant to interconnect at a later date
to other pedestrian networks that should be provided with the proposed
street network recommended in the 2020 Roadway Plan.
The main street within the community provides on-street parking as
recommended by the General Plan.
Land Use
The land use is consistent with the current County Zoning - RS 7.5 Single
Family Residential, the General Land Use Designation - Urban Expansion
and the State Land Use Classification - Urban.
Exhibit 7: Comparison Standard Subdivision to PUD
Standard Subdivision Planned Unit Development
110 Units 121 Units
Project Statistics
I i
SUBD7V. P.U.D
Area of site/acres 23987 ac 23.987 ac
i
County road easements /acres .708 ac .708 ac
Existing Zoning RS 7,5 RS 75
I
Maximum permitted density n/a 135 un
Number of lots 110 lots 121 lots
Density per acre 4.7 un/ac 5.2 un/ac
Average lot size square footage 7500 SF 58M SF
Area of parks & landscape easements .33 ac 3.767 ac
Number of parks 0 3 parks
Number of drivecourts 0 13
% homes on a park or drivecourt 0 67%
Minimum distance between homes 16' 15'
Pedestrian Oriented no yes
0 0
34
Exhibit 10: 2 02 0 R oadway Plan
1!
I v, v ' I I f l 'f f i t 1 1 l i /
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ywld errtgl. .'j I ~ r l%l~
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-T'--- '2~ KailuaBay
` I l Project Location
2020 Roadway Plan By Red & Associates, Inc
37
Exhibit 11: Roadway Stub Outs
These stub outs will interconnect
I into the proposed 2020 Roadway
Plan providing mulitple means of
egress for the residents and access
to future commercial nodes and
- - - - - - - -
adjacent parcels I
- x
NIN ,r
0
- Y
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M 38
JO EE tp us "a" REX D. JOHNSON
GOVERNOR DIRECTOR
b~
. f DEPUTY DIRECTORS
KANANIHOLT
.r GLENN M. OKIMOTO
dal,,, JOYCE T. OMINE
CALVIN M. TSUDA
IN REPLY REFER TO:
STATE OF HAWAII STP 8.6340
DEPARTMENT OF TRANSPORTATION
889 PUNCHBOWL STREET
HONOLULU, HAWAII 98813-5097
September 27, 1994
Ms. Virginia Goldstein, Director
Planning Department
County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Subject: Variance Applications WH (PUD94-01)
Malulani Gardens Subdivision, Keopu Loa Planned Unit Development
North Kona, Hawaii TMK: 7-5-03: 3
We have the following comments on the Variance Application for the Malulani Gardens Subdivision:
1. The proposed subdivision abuts the Queen Kaahumanu Highway Extension in an area which
will require additional right-of-way for future highway widening. The land owner should
coordinate with our Highways Division to reserve and dedicate the land needed for the
additional right-of-way.
2. A Traffic Impact Analysis Report (TIAR) should be submitted for our review and approval.
The land owner should commit to implementing the roadway improvements identified in the
TIAR to mitigate any adverse traffic impacts.
3. The landowner should fully channelize the access road/highway T-intersection with left-turn
storage and acceleration/deceleration lanes on the highway. Details of the improvements
should be coordinated with our Highways Division. Other roadway improvements may be
required pending the results and our review of the TIAR.
4. The internal roadway system for the subdivision should be designed to interconnect with
adjacent developments to localize their internal traffic movements.
5. No additional storm runoff will be allowed to discharge onto the State highway right-of-way,
6. All required roadway improvements shall be provided at no cost to the State.
.t•, ,
Ms. Virginia Goldstein
Page 2 STP8.6340
September 27, 1994
7. Construction plans for work with the State highway right-of-way must be submitted for our
review and approval.
We appreciate the opportunity to provide comments.
Sincerely, / n
;execD.tor Johnson
of Transportation
D`®ARTMENT OF PUBLIC WCIP SS
COUNTY OF HAWAII
HILO. HAWAII
DATE
0e% INJA MM Aug. 5, 1994
r
Plan ::~7
~
M
G 6.-
Kuba, Acting Division Chief
Engineering Division
3J EC:
Variance Application (PUD 94-1)
Applicant: Brian Cook
Location: Keopu, North Kona, HI
TMK: 7-5-3:3
We have reviewed the subject application and our comments are as follows:
BUILDING
1. Buildings shall conform to all requirements of code and statutes
pertaining to building construction.
2. The application includes a request to reduce the required yard for 2
story dwellings under Hawaii County Housing Code Section 11-18 from
10 to 6 feet. Architectural features described as "bay windows" and
"room bays" are designed to project into the required yard. Our
interpretation of Section 11-20 Projections into yards holds that no
wall or support encroachments are allowed. Any variances from the
Housing Code must be sought from the Board of Appeals as explained
in Section 11-13.
DRAINAGE
3. All development generated runoff shall be disposed of on site and
shall not be directed toward any adjacent properties.
3
4. Applicant shall be informed that if drywells are included in the
subject improvements, Chapter 23, Underground Injection Control
(UIC) Administrative Rules, Dept. of Health, prohibit any person
from operating, constructing or modifying an injection well
(drywell) unless authorized by a permit issued by the Director of
Health, State of Hawaii.
5. A drainage study should be prepared and a drainage system should be
installed meeting with the approval of DPW.
6. All grading and grubbing activities shall comply with Chapter 10 of
the Hawaii County Code.
1lfe_.05
Memo to Planning Director
Aug. 5, 1994
Page 2
7. FEMA map 713C shows this parcel to lie within the Reopu drainageway,
a major flood zone. We recommend that a drainage study be performed
and that a Letter of Map Revision (LOMB) or a Physical Map Revision
(PMR) be issued by FEMA prior to approval of this application.
Section 23-37 of the subdivision code specifies "No area subject to
periodic inundation which endangers the health or safety of its
occupants may be subdivided for residential purposes."
SOLID WASTE
8. The developer shall prepare a solid waste management plan for the
development which is to be administered by the development
Association of Homeowners or by the developer if no Association is
established.
9. The plan shall include an analysis of anticipated solid waste volume
and composition expected to be generated from the development.
10. The plan shall include a waste reduction component which analyzes
and implements techniques to be employed to achieve a refuge
reduction goal of 254 by 1995 and a 504 reduction goal of all refuge
designated for landfilling by the year 2000. The plan must be
consistent with the County's Solid Waste Management Plan.
11. The plan shall include a waste separation component which identifies
reusable refuse products, a means of separating reusable products
and a means to collect and deliver separated reusable products to an
end market.
12. The plan shall mandate curbside collection of both putrid waste for
landfilling and clean separated products for recycling.
13. The plan shall include yearly reports identifying quantifiable goals
attained in the waste reduction/recycling component.
3
WASTEWATER 0
14. Sewer lines should be installed to tie in with the Kealakehe
Wastewater Treatment Plant.
ROADWAYS
15. Vehicular access to the individual lots should not be from the main
roads.
16. A Traffic Impact Analysis Report should be performed to enable
proper design of roadways.
Memo to Planning Director
Aug. 5, 1994
Page 3
17. Roadway connections to the adjoining parcels should be provided
meeting with the approval of DPW. These roadways should be open to
public traffic. It is DPW policy on large subdivisions to recommend
that functioning interconnections be made to the adjoining parcels.
This project proposes to add substantial traffic to the area but
makes no contribution to easing mauka-makai traffic. A dedicated
mauka-makai road should be considered in the interests of
alleviating traffic, rather than arbitrarily placing the mauka-makai
road on the adjoining parcel to the south. Has the property owner
to the south agreed to provide this necessary infrastructure?
18. All roadways within the proposed development should follow the
guidelines incorporated in the Hawaii Statewide Uniform Design
Manual for Streets and Highways. These roadways should also meet
the requirements of DPW. Curbs, gutters, and sidewalks should be
required.
19. We defer to DOT concerning improvements within the Queen Raahumanu
Highway right-of-way.
20. Variance request no. 3 to the Subdivision code requests a reduced
ROW of 44'. The proposal is to maintain the 36' pavement and reduce
the sidewalk area from 7' to 4'. This would appear to be acceptable
with the understanding that the roadways will not meet dedicable
standards. Be aware that the applicants' exhibit 12 depicts trees
within the 36' paved area; this could present a safety hazard to
both vehicular and bicyclist traffic. Before commenting on the
proposed 30' ROW, we would want to know the maximum number of lots
taking access from them.
21. Variance request no. 4 to the Subdivision code requests reduced
corner radii. The proposal would appear to restrict access for the
SU design vehicle. The Fire Department should be contacted to
determine whether these reduced radii will permit access for their
vehicles. Again, these roadways will not meet dedicable standards.
22. Variance requests no. 7 & 8 to the Subdivision code request custom i
street lights and street signage. If the roadways within this PUD
are to be County dedicated roads, we recommend that the request to
use custom design posts for the signage be denied, as this will pose
a maintenance problem for our sign crews. If the roadways within
the PUD are to remain in private ownwership, we recommend that the
custom design posts meet the requirements of the Manual On Uniform
Traffic Control Devices, e.g. sign supports should be of a suitable
breakaway or yielding design.
23. We should point out that there are obvious safety concerns about
locating a children's play area/park in the center of the roadway.
Memo to Planning Director
Aug. 5, 1994
Page 4
24. The plans call for monkey pod trees to be placed within the
roadway. The applicant should be aware that the Soil Conservation
Service "Erosion and Sediment Control Guide for Hawaii" makes the
following recommendation for monkey pod trees: "...DO NOT PLANT
CLOSER THAN 40 FEET FROM BUILDINGS, SIDEWALKS, ROADS, POWER, SEWER,
OR WATERLINES. Roots can cause serious damage." They will not be
permitted within county maintained areas.
25. The plans call for decorative pavers. These are not permitted by
the Subdivision Code; a variance would be required to permit their
use within the roadway.
26. We feel that the owners of the parcel to the north should be
contacted to allow their input concerning the location of roadway
stubout "A". Is Roadway stubout "G" along the mauka property line
intended to be a dedicated roadway? If not, what purpose does it
serve?
27. All signs and markings should conform to County standards.
TWP:sls
cc: Engineering - Hilo
Engineering - Kona
Planning - Kona
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METCALF&EDDY AECOM
M&E Pacific, Inc.
841 Bishop Street. Suite 1900. Honolulu, HawaYi 96813
T 808521.3051 F 808.524.0246 w rn-e.aecom.com
August 8, 2006
Mr. Richard Wheelock
East West Realty, Inc.
70013ishop Street, Suite 1000
Honolulu, HI 96813
SUBJECT: Kona Coffee Estates
Traffic Impact Analysis Report Supplement
Our firm prepared a Traffic Impact Analysis Report (TIAR) for the 57-unit Kona Coffee Estates
in October 2004. We also prepared a letter report in February 2006 on the traffic impacts of
adding 33 large lots, 24 affordable residential units and a Salvation Army site which would
include a church, preschool with up to 125 students, and a 9,000 sf community service store
(hereafter referred to as the 114 units). This letter summarizes our methodology and findings on
the traffic impacts of building a second roadway to the above project.
We understand that you are proposing to add a second limited access roadway to the Kona
Coffee Estates site. This roadway would provide a secondary access route to the 114 unit site
and could provide an emergency access route. The proposed roadway would be constructed on a
reserved alignment for a future mauka-makai roadway located south of Malulani Gardens. There
would be a north-south connector road passing through Malulani Gardens on the reserved right-
of-way for another future roadway to connect your project with the mauka-makai roadway. The
proposed roadway would not be signalized at its intersection with the Queen Kaahumanu
Highway Extension and would be restricted to right turn in, right turn out movements. Based on
these characteristics, we expect the proposed roadway to have limited impact on traffic using
Malulani Drive. It would divert about a half to two-thirds of traffic travelling north on Queen
Kaahumanu Highway Extension and turning right into Malulani Drive to the project site, and not
to the commercial center. Outbound right turns are not expected to use this secondary
accessduring normal traffic operations. The proposed roadway would also appeal to residents
who live in the upper portion of Malulani Gardens.
We analyzed the traffic assignments for the 114 unit project as contained in our aforementioned
February 2006 letter. It is estimated that the proposed roadway would divert 17 of the 70 right
turns per hour in the morning peak hour and 30 of 150 in the afternoon peak hour at the Malulani
Drive intersection. These traffic reductions were also applied to the two unsignalized
intersections on Malulani Drive at Malulani Gardens and Hale Kapili Drive, using the traffic
volume forecasts from the Addendum (February 2006) that analyzed these two intersections.
Levels of service at the Queen Kaahumanu Highway Extension(QKHE)/ Malulani Drive
intersection were then recalculated using the HCM 2000 methodology for signalized
intersections with the lower right turn volumes. Similarly, levels of service were recalculated for
the two unsignalized intersections using the HCM 2000 methodology for unsignalized
Kona Coffee Estates
Traffic Impact Analysis Report Supplement
August 8, 2006
Page 2
intersections. Levels of service were not calculated at the unsignalized interssection of Queen
Kaahumanu Highway Extension and the proposed alternate access roadway since the right turn
movements from the major roadway is not a movement for which level of service is calculated.
The results of the signalized intersection level of service analysis are shown on the table below.
The table includes the levels of service and average delay for 2008 traffic forecast with 114 units
and Salvation Army site without and with the proposed roadway, for both the AM and PM peak
hours. The level of service/delay data is given for the intersection as a whole, each approach of
the intersection, and the left or right turn movement of the approach if present. The results for
the without roadway traffic forecast are from the aforementioned February 2006 letter.
Comparison of the two forecasts shows the relative impact of the including the proposed
roadway. The results are:
i _
AMR,
QKHE/Malulani Dr D 35.3 D 35.4 C 31.4 C 31.6
Malulani Dr WB LT E 59.4 E 59.4 D 50.3 D 50.3
Malulani Dr WB RT E 62.0 E 62.0 D 46.1 D 46.1
QKHE NB D 53.5 D 55.5 D 48.6 D 49.4
QKHE NB RT A 6.5 A 6.4 B 13.5 B 13.2
QKHE SB A 7.2 A 7.2 B 15.7 B 15.7
QKHE SB LT E 66.0 E 66.0 E 77.2 E 77.2
The reduction in right turn volumes caused by the diversion to the proposed second roadway
created an unexpected result. Although there were no changes in levels of service, the delay on
the northbound approach of Queen Kaahumanu Highway Extension increased by 2.0 seconds in
the morning peak hour and by 0.8 seconds in the afternoon peak hour. Delay on the associated
northbound right turn lane did decrease by 0.1 seconds in the morning peak hour and by 0.3
seconds in the afternoon peak hour.
The results of the unsignalized intersection level of service analysis are shown on the table
below. As with the table for the signalized intersection analysis, the table includes the levels of
service and average delay for without and with the proposed roadway, for both the AM and PM
peak hours. The level of service/delay data are given for the critical turning movements at each
METCALF&EDDY I AECOM
Kona Coffee Estates
Traffic Impact Analysis Report Supplement
August 8, 2006
Page 3
intersection. The results for the without roadway traffic forecast are from the aforementioned
February 2006 Addendum. Comparison of the two forecasts shows the relative impact of the
proposed roadway. The results are:
tO -
M111 =won
a° "ctis n as a a
Malulani Gardens
Malulani Gar NB RT A 8.9 A 8.8 A 9.5 A 9.3
Malulani Gar NB LT B 10.2 B 10.1 B 11.9 B 11.6
Malulani Dr WB LT A 7.5 A 7.5 A 7.8 A 7.7
Hale Kapili Drive
Hale Kapili SB L&RT A 9.9 A 9.8 B 10.9 B 10.8
Malulani EB LT&TH A 7.6 A 7.6 A 7.7 A 7.7
The diversion of a portion of the right turns to the second roadway is forecast to cause small
changes in delay at some approaches. Delay for the right and left turn movements at the
Malulani Gardens approach would decrease by 0.1 seconds in the morning peak hour and 0.2-0.3
seconds in the afternoon peak hour. Delay for the left turn movement from Malulani Drive into
Malulani Gardens would remain unchanged in the morning and decrease by 0.1 seconds in
afternoon. Delay on the Hale Kapili Drive approach to Malulani Drive would decrease by 0.1
seconds in both the morning and afternoon peaks. Delay on the Malulani Drive approach to Hale
Kapili Drive would remain unchanged for both peak periods.
In summary, the proposed second access roadway as defined in this letter would have minimal
impact on traffic operations on the three intersections on Malulani Drive.
We thank you for the opportunity to conduct this analysis for you. Please call on me at
(808)521-3051 if there are any questions.
Yours truly,
Warren M. Yamamoto, P.E.
Traffic Engineer
METCALF&EDDY I AECOM
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