2006-02-24 TKona_REZ05026 - Laserfiche WebLink

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roadways because the County hasnt accepted dedication yet but yet theres community pressures to have it open because it opens up another transportation corridor. We still own the property someone gets into an accident we end up getting sued and we have to pay the price at the end of the day. And so Im speaking of past experience in other neighborhoods or communities that issues that we have faced as well as the scars on my back that I have. WHEELOCK:The issue weve run into in the past is although the County may decide that they can accept a 17% grade, we will not be able to make Federal ADA code requirements and sometimes the County personnel involved dont want to recommend acceptance of the property if you cant meet ADA standards unless you can get approval from the grade differential, if theres a sidewalk. Quick question I had is if we did not go forward with the subdivision which is youre saying I think Mr. Emler that the code requires this. If we went with a Planned Unit Development project would that also require dedicable roads? YUEN:Wellyourealso-.ThePUD-.YoumeanaPUDandownthelotsina condominium form? A PUD-. Because a PUD you still end up needing a subdivision. A PUD rolls the variances into the PUD. But you still end up with a subdivision. I dont think youre gonna have an ADA problem because the County standard is not going to require a sidewalk. Let me think about this a little bit more while we hear public testimony. GRAHAM:(inaudible) Mr. Carr? CARR:Yes, right now the condition provides for concrete curbs, gutters and sidewalks. And in our experience cause were facing the same conflicting issues on Maui with respect to public works as well as ADA requirements and have run into this where the ADA and the Counties are now deferring a lot of it to the State Commission of Persons with Disabilities. And weve got an ADA consultant on this. Is that we (inaudible) into that intersection when theres a County dedicable roadway standards which is what were required to provide. Especially on a hillside and Im speaking about our Kea Lani Master Plan on Maui. They almost want you at, coming up at the incline whenever you hit the intersection to have a tabletop plateau. So another bench in the site in order to meet the ADA and then continue on picking up embankment going further mauka on our roadways. It ends up having a lot of cut and embankment requirement as youre, when youre dealing with these types of hillsides. YUEN:Well the curb gutter sidewalk is only for the RM portion. How steep is that RM portion? CARR:Its actually you know when Ric had referred to the RM-3, the lower portion of the site has a more gentle slope. As you get further up the incline is a little tougher than that. I cant attest to the 17% grade at the moment. WHEELOCK:At one section. CARR:Well it-. Go ahead. WHEELOCK:Just one section is 17%. EXHIBIT E 18