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<br /> <br /> <br /> <br /> November 2, 2006 <br /> Letter to Hawaii County Council <br /> SUBJECT: Malulani Gardens road and gate issues <br /> Page 1 oft c7 <br /> <br /> SCD Kona 108 LLC <br /> 700 Bishop Street, Suite 1000 f , <br /> Honolulu, Hawaii 96813 <br /> -v _ <br /> r. <br /> w <br /> November 2, 2006 <br /> <br /> County Council Chairman Stacy Higa <br /> County Council Members <br /> 25 Aupuni Street, Suite 209 <br /> Hilo, Hawaii 96720 <br /> <br /> <br /> SUBJECT: Clarification of Malulani Gardens "Mid-level Road" and "Gated Entry" situations <br /> <br /> <br /> Dear Chairman Higa and Councilmembers, <br /> <br /> <br /> We have reviewed the files concerning PUD94-01, the Malulani Gardens subdivision, and have talked <br /> to Michael Riehm, the original project planner, and Brian Cook, the original project developer, <br /> concerning some questions that arose at the recent Council hearing concerning the Malulani Gardens <br /> project. <br /> <br /> First, concerning the mid-level road, the PUD which was approved in September 1994 required both <br /> the mid-level road and the entry road to be designed to County dedicable standards and to be connected <br /> to the adjoining properties. This requirement existed prior to any homes being built or sold. The <br /> County can request at any time that the roadways be dedicated, but we assume the County has not <br /> made such a request at this time. The roadway lots are of sufficient size to meet dedicable standards, <br /> according to the County Department of Public Works, and will need to meet County requirements as to <br /> standards. <br /> <br /> Note that the entry road is in the process of being dedicated to the County, as required by a separate <br /> agreement between the developer of Malulani Gardens and Hawaiian Development Corporation, which <br /> sold the land to the developer in 1992. <br /> <br /> Therefore, the obligation of the Malulani Gardens project to co-operate with and be a part of the area's <br /> transportation plan existed before any homes were built or sold. <br /> <br /> As to the gate(s) of Malulani Gardens, Michael Riehm confirmed to us that the project was not <br /> designed to be a gated community. The gate is not a part of the PUD Application, nor is it part of the <br /> PUD Approval. The gate is not shown on any of the PUD documents in the County file, and is not <br /> I <br /> specifically approved by the County in the PUD Approval document. I&A <br /> Comm. No. <br /> Ref. To: Presm"d <br /> Ref. Date <br />