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Home My WebLink AboutCOM 0794.000 2002-2004 J,~YVtlOF //~W Harry Kim Christopher J. Yuen Mayor DirYOOr 1Ft QF•H~,t~ Roy R. Takemoto Do, ' Direao, Gun#g of '~taduaii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax (808) 961-8742 June 10, 2004 Mr. Allan M. Yoza _ P.O. Box 1539 Keaau, HI 96749 Dear Mr. Yoza: c, Alleged Zoning Violation (ZCV 04-028) Alleged State Land Use Violation Illegal Tent Dwelling in an Agricultural District Subject: Closing of Zoning Code Violation File TMK: 1-6-101: 069 Tiki Gardens Subdivision, Keaau, Puna, HI Thank you for your letter dated May 19, 2004 informing our zoning inspector of the completion of corrective action in the removal of the illegal tent dwelling on the subject property. Our zoning inspector conducted a follow-up site inspection on June 4, 2004 and verified that the tent dwelling has been removed from the subject property. Thus this Zoning Code Violation File is closed. Please be advised that in the future, if you violate Chapter 25 in the same manner as stated above, the violation will be subject to an immediate fine, up to a maximum of $500 per violation. In addition, a daily fine may be imposed. Hawai'i County is an Equal Opportunity Provider and Employer. Comm. No. 14 Ref. To: W_~ Ref. Dote A(T 1 Mr. Allan M. Yoza Page 2 June 10, 2004 If you have any questions, please feel free to contact Zoning Inspector Robert Usagawa at 961-8288. Sincerely, rte: CHRISTOPHER J. j'UEN Planning Director RSU: cd p:wpwin60\moose\enforce04\2004-055Eb.doc cc: Ms. Dixie Kaetsu, Managing Director Honorable James Arakaki, County Council Department of Public Works-Building Division-Hilo Mr. Anthony Ching, Executive Officer Land Use Commission DBEDT P.O. Box 2359 Honolulu, HI 96804 Mr. Robert Usagawa, Zoning Inspector MtV as ry1~ Harry Kim Christopher J. Yuen Mayor Dirccmr •?~f~ Y! Nr'+r Roy R. Takemoto Deputy Dirccmr AT Kboltldv of ("ttfunil PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 August 9, 2004 (808) 961-8288 - Fax (808) 961-8742 Gary M. Takahashi, P.E. Project Coordinator R.M. Towill Corporation 420 Waiakamilo Road, Suite 411 Honolulu, HI 96817-4941 Dear Mr. Takahashi: THIRD REVISED FINAL PLAT MAP (Sheets 1 & 2) SUBDIVIDERS: MAUNA KEA AGRIBUSINESS CO., INC., et al. Consolidation of the Following: Lot 6 being portions of Grant 2446 and Grant 3533; Lot 7 being a portion of Grant 3533; Lot 9 being a portion of Grant 2604 and Grant 2973; Lots 6 and 9 of John Bull Subdivision (File Plan 2034); Portion of Royal Patent 7876, Land Commission Award 8452, Apana 26; Portion of Grant 2808; Portion of Grant 2457; Portion of Grant 2456; Lots 1-B to 1-E, Inclusive, 2, 3, 5, 7, And a portion of Lot 6, being portions of Grant 2158; Portion of Grant 2686; and a Portion of Wood Valley Road; and Resubdivision into the Following: Lots A-1 to A-8, Inclusive and A-14 to 16, Inclusive; Parcels 1 to 20, Inclusive; and Remainder Lots At Paauau 15t & 2nd, Iliokoloa, Kauhuhuula, Kauhuhuula Iki, Kumu, Halelua, Wailoa, Keaiwa, Kanaio, Kaalaala, Makakupu, Puukoa, Waimuki, Kailiula, Ka'u, Island of Hawaii, Hawaii TMK: 9-6-005:001, 003, 045 & 57; 9-6-007:001; 9-6-009:001, 002 & 006; 9-6.010:001 to 002; 9-6-011:006, 008 & 009; and 9-6-12:001, 002 & 021 to 024 Final Subdivision Number 7657 (SUB 7657) Hawai `i County is an Equal Opportunity Provider and Employer Gary M. Takahashi, P.E. Project Coordinator R.M. Towill Corporation Page 2 August 9, 2004 This is to acknowledge receipt of twelve (12) copies each (Sheets 1 & 2) of the third revised final plat maps dated June 16, 2004, and diskette of third revised final plat maps for the referenced subdivision application. Please be advised that we have certified the third revised final plat maps of which five (5) copies each of Sheets 1 & 2 are enclosed. Copies of the third revised final plat maps (Sheets 1 & 2) have been circulated to the listed officers for their files. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, L4_101) CHRI OPHERJ.YUEN Plan g Director ETC:Inm P:IW P601SU BDI VADocumentslSubc2004-3V657MaunaKeaAg ribus3REVFPM.doc Encs. - 5 copies each of Certified 3rd Rev. FPM, Sheets 1 & 2 (SUB 7657-Revised (3)) xc: Manager, DWS w/Certified 3rd Rev. FPM (Sheets 1 & 2) Director, DPW w/Certified 31d Rev. FPM (Sheets 1 & 2) District Environmental Health Program Chief, DOH w/Certified 3rd Rev. FPM (Sheets 1 & 2) District Engineer, DOT w/Certified Rev. 3rd FPM (Sheets 1 & 2) Tax Maps and Records Supervisor I w/Certified 3rd Rev. FPM (Sheets 1 & 2) & diskette Real Property Tax Division-Hilo w/Certified 31d Rev. FPM (Sheets 1 & 2) Mauna Kea Agribusiness Co., Inc. Ka'u Agribusiness Co., Inc. J26unty Council Hooaa, LLC Kamehameha Schools Gary S. & Victoria T. Grieve SUB 2002-0088; SUB 6537, 4891, 5841; SPP 1179; SLU 227,287; PLA 1459 (9-6-5:1) J~tY OF M~ Harry Kim Mayor r r 2) Chrsto~'h7er J. Yuen C J'i FUU" f- ri 1 yiikre„ pf. f OhVN " Ftrr' /r Roy, , Takemoto j giury Direcmr ~D1ICCf~J II (J ~flt tYtt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 F Hilo, Hawaii 96720-3043 (808) 961-8288 F Fax(808)961-8742 August 24, 2004 Mr. Gene Yong, Senior Planner Belt Collins Hawaii Ltd. 2153 North King Street, Suite 200 Honolulu, HI 96819 Dear Mr. Yong: Change of Zone Ordinance No. 9127, As Amended By Ordinance No. 00 90 (REZ 684) Applicant: Queen Liliuokalani Trust TMK: 7-4-015:015 This is to acknowledge receipt of your letter dated August 17, 2003, containing an annual progress report as required by Condition J of Ordinance No. 00 90. Thank you for complying with the annual report requirement. As a reminder, you are required to comply with all conditions as stated in the above-referenced ordinance within the appropriate timetables. Please note that your next annual report will be due on or before August 21, 2005. Should you have questions, please feel free to contact Norman Hayashi or Jeff Darrow of this office at 961-8288. Si erely, 6 CHRI OPHER J. YUEN Planning Director JWD:smn P:AWPWFN60\JEFFVLettersVAnnual ReportsVLYong-APR-REZ684(2).doc cc w/ copy of report: 41awaii County Council Planning Commission Planning Department-Kona Rawai`i County is an Equal Opportunity Provider and Employer Belffollins August 17, 2004 2002.45.0800 / 04P-271 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Dear Mr. Yuen: Annual Progress Report Ordinance Number 00-90 Queen Liliuokalani Trust Eho Street, TMK 7-4-15:15 Keahuolu, North Kona. Island of Hawaii In accordance with Condition J of Hawaii County Ordinance Number 00-90 (amending Ordinance Number 91-27), please find this Annual Progress Report, which is Honalllu submitted on behalf of Liliuokalani Trust. The Report addresses the status of the development and compliance with the conditions of approval. „onp Kong p,naa Philip Condition (A). The applicant, successors or assigns, shall comply with all of the stated Smgapu,o conditions of approval. rnatlmm Acknowledged. Condition (B). Final Plan Approval of the development shall be secured from the Planning Department within ten years from the effective date of this amendment. To assure adequate time for plan approval review and in accordance with Chapter 25-2-72 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval most be secured. Plans shall indicate internal driveway circulation with the adjacent Kona Coast Shopping Center. The Trust or its developer will comply with this condition, including obtaining final plan approval in conjunction with the development of the project area. The timetable for development will ultimately be dependent upon market opportunities available to the Trust, of which the Trust continues to pursue. Condition (C). Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. The Trust or its future developer intends to comply with this condition after Condition B has been met. Bell Collins Hawaii Ltd. 0,57912 2153 North King Sireat, Suite 200 o Honolulu, Hawaii 96819-4554 USA T1808 521 5361 o F/808 538 7819 o honolulu@beltcollinscom o www beloollins. corn Belk Co,lioe Hawn,, s an Equal Opportunity E.r&ye, -e;' `.7. %nD ms •7 a Mr. Christopher J. Yuen August 17, 2004 2002.45.0800 / 04P-271 Page 2 Condition (D). Improvements to Eho Street extension, including curbs, gutters and sidewalks, shall be constructed within the existing 60-foot-wide roadway easement from Eho Street to Queen Kaahumanu Highway meeting with the approval of the Department of Public Works. These improvements shall be completed prior to issuance of a certificate of occupancy for any portion of the commercial development. Acknowledged. Condition (E). Driveway access(es) shall be approved by the Department of Public Works. Acknowledged. Condition (F). Improvements to Eho Street-Queen Kaahumanu Highway intersection shall meet with the approval of the Departments of Transportation-Highways Division and Public Works. Acknowledged. Condition (G). A drainage system meeting with the requirements of the Department of Public Works shall be installed. Acknowledged. Condition (H). All other applicable laws, rules, regulations and requirements be complied with. Acknowledged. Condition (I). Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. Acknowledged. Condition (J). An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. 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. The next annual progress report will be due August 21, 2005. Mr. Christopher J. Yuen August 17, 2004 2002.45.0800 / 04P-271 Page 3 Condition (K). An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) 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; 2) Granting of the time extension would not be contrary to the general plan or zoning code; 3) Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) 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 up to one additional year); and 5) If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. Ordinance No. 00-90 approved a ten-year extension (from the effective date of the ordinance, August 21, 2000) for the performance of conditions within this ordinance. If you have any questions or comments, please do not hesitate to me at (808) 521-5361. Sincerely yours, BELT COLLINS HAWAII LTD. Gene Yong Senior Planner GY:If cc: Bob Ozaki/Queen Liliuokalani Trust oJNtY GF y~w'n~ Harry Kim Lt~~~i ~i~~ Zti ~ 7 ~ fhristopherJ. Yuen Dirrcrnr iii OVA* CO Roy R. T zmoto Deputy rrcROr Cnixixfr of ~ttfirttii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 August 24, 2004 Mr. Gene Yong, Project Planner Belt Collins Hawaii, Ltd. 2153 North King Street, Suite 200 Honolulu, Hawaii 96819 Dear Mr. Yong: Change of Zone Ordinance No. 01-65 (REZ 966) Applicant: Queen Liliuokalani Trust Subject: Compliance with Condition BB (Annual Progress Report) Tax Man Key: 7-4-008: Por 2. 68, 69 & 70 Thank you for the Annual Progress Report dated August 8, 2004 submitted in compliance with Condition BB of the above listed ordinance. We appreciate the timely submittal and the thoroughness of the report. A copy of the plan will be forwarded to the Hawaii County Council and the Planning Commission for their information. Thank you for complying with this requirement. If you have any questions, please feel free to contact Jeff Darrow at (808) 961-8288. Sincerely, CL TOPHERJ.YUEN Planning Director J WD: smn P:AWPWIN60VEFF\LeRersVAnnun1 ReportsVLYong-APR-REZ966(2).doc cc w/copy of report: #Hawaii County Council Planning Commission Planning Department-Kona Hawai `i County is an Equal Opportunity Provider and Employer Beldollins August 8, 2004 ' ? r 1 2002.45.0800 / 04P-262 i Mr. Christopher]. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Dear Mr. Yuen: Annual Progress Report Ordinance No. 01-65 Queen Liliuokalani Trust Makalapua Business Center Keahuolu Lands, North Kona Island of Hawaii On behalf of Liliuokalani Trust, please find attached an annual progress report in compliance with Condition BB of Hawaii County Ordinance No. 01-65. „ „r ka„q ulniign,"a,~ If you have any questions or comments, please feel free to contact me at nattlq (808) 521-5361. s,nga;;ole rlaaand With regards, BELT COLLINS HAWAII LTD. Gene Yong Project Planner GY:lf cc: Bob Ozaki/Queen Liliuokalani Trust Attachment Belt Collins Hawaii Ltd. ee~~ ,fa lP P„ n01 P,.v f,.: YtR 2153 North King Street, Suite 200 a Honolulu, Hawaii 96819-4554 USA T/808 521 5361 a F/808 538 7819 a hcnclulu@beltcolllns cam a www_beltcollins_cam Belt Collins Hawaii is an Equal Opportunity Employer ANNUAL PROGRESS REPORT ON CHANGE OF ZONE CONDITIONS ORDINANCE NO. 01-65 MAKALAPUA BUSINESS CENTER Submitted to the Hawaii County Planning Department by Belt Collins Hawaii on Behalf of Queen Liliuokalani Trust August 8, 2004 Condition (A) The petitioner, successors or assigns shall be responsible for complying with all of the stated conditions of approval. Acknowledged. Condition (B) The applicant shall substantially comply with the representations made in its change of zone application for the industrial-commercial mixed use development. Through ground leases to various lessees and developers, the Trust is developing an 11 lot subdivision, adjoining the existing Kona Industrial Subdivision. Final Subdivision Approval (Subdivision No. 7793) was received for this application on April 23, 2004. In conjunction with this subdivision, the Trust is constructing a service road between Luhia Street and Kuakini Highway to provide access to the 11 lots. The service road is proposed to be constructed in two phases, including the first phase which proposes to grade and pave the entire length of the service road, and the second phase which proposes to upgrade the road County dedicable standards with curbs, gutters and sidewalks. The second phase will occur concomitant with future development alongside the road, and dedication of the road to the County may occur after the second phase. The service road improvements has been bonded by the Trust as part of the subdivision process. These actions are consistent with Phase One of the projected phasing diagram attached to the Trust's change of zone application approved by County Ordinance No. 01-65. Condition (C) The applicant shall participate, on a fair share basis, in the funding and construction of adequate water source, storage, and transmission facilities and improvements to accommodate the proposed project as determined by the County Department of Water Supply. Compliance with Condition C shall be satisfied prior to the applicant's submittal of the required water commitment payment in Condition D. The Trust will comply with this condition and will continue to coordinate with the DWS regarding future development activities. -1- Condition (D) The applicant shall submit the additional water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" prior to the issuance of final subdivision approval or final plan approval for Phase 3, if required by the Department of Water Supply. In 1995, the Trust paid Facilities Charges for a water commitment of 500 units, covering future development at the 100-acre Makalapua Business Center. 133 units have been assigned to the development of the 11-lot subdivision discussed above. There remains 356 units paid for and available to the Trust at Makalapua Business Center. The Trust will continue to coordinate with DWS regarding any additional water commitment payments. Condition (E) The property shall be zoned in three phases. Phase 1 shall consist of approximately 35 acres. Final subdivision approval of all increments within Phase 1, or final plan approval for all developments within Phase 1, whichever is applicable, shall be secured within ten (10) years from the effective date of this change of zone ordinance. Phase 2 shall consist of approximately 25 acres and shall be developed within ten (10) years from the completion of Phase 1 development, as determined by the Planning Director. Phase 3 shall consist of approximately 30 acres and shall be developed within ten (10) years from the completion of Phase 2 development, as determined by the Planning Director. On October 12, 2000, the Trust received final subdivision approval for 3 lots totaling 12.927 acres. These lots include the recently completed HPM hardware store along Queen Kaahumanu Highway and the Luhia Street extension from Makala Blvd. to the Kona Industrial Subdivision. Excluding the Luhia Street extension lot, the net development area is 11.181 acres. On April 23, 2004, the Trust received final subdivision approval for 11 lots totaling 21.1 acres along the southern boundary (closest to KIS) of Makalapua Business Center. Excluding the new service road lot, the net development area is 17.9 acres. While subdivision and grading has been completed in the two areas noted above (totaling 13 available lots and equal to 29.081 acres), the Trust has leased 3 lots and is in the process of leasing 6 of the remaining 10 available lots. The Trust continues to seek development interest for the balance of the Phase One area. Both of these actions are consistent with the anticipated Phase One areas depicted in the Trust's Change of Zone application for Ordinance No. 01-65. The timetable for the completion of Phase One and the future development of Phases Two and Three will ultimately be dependent on market conditions. Condition (F) The applicant shall adhere to the overall landscaping master plan and development design manual approved by the Planning Director in accordance with Ordinance No. 92-85. Acknowledged. -2- Condition (G) The applicant shall install a conduit and loop detectors for a traffic signal and channelization at the intersection of Makala Blvd. and Luhia Street concurrent with the development of Phase 1 if required by the County Department of Public Works (DPW) or the State Department of Transportation (DOT). The applicant will monitor traffic conditions at the Makala Boulevard and Luhia Street intersection throughout the development of Phase 1 and will install a traffic signal light when conditions are warranted. Additionally, following the State's widening of Queen Kaahumanu Highway to a four-lane highway, the applicant will complete further channelization of Makala Boulevard, at its intersection with Queen Kaahumanu Highway, including a second left-turn lane on the mauka bound approach. As development of Phase One is completed, the Trust will comply with this condition, including monitoring traffic conditions at the Makala Blvd. and Luhia Street intersection. Condition (H) Prior to the development of Phase 2 and/or Phase 3, upon request by the DPW or the DOT, the applicant shall submit a current Traffic Impact Analysis Report (TZAR) for approval by the Planning Director in consultation with the requesting agency (ies), recommending mitigation for level of service (LOS) deficiencies LOS E and F and projecting traffic impacts from the proposed phase(s). Construction of improvements within the project area, including the intersection of Makala Boulevard and the Old Airport Road, as recommended by the TIAR and/or required by the Planning Director in consultation with the DPW or the DOT shall be a condition of development of either or both phases. If it is determined by the TIAR or the Planning Director in consultation with DPW and/or DOT that project-generated traffic, together with traffic generated from other sources, warrant off-site roadway improvements, the applicant shall participate, on a fair share basis, in the funding and construction of these improvements concomitant with development of the project area. The Trust will comply with this condition. Phase One remains less than 35% developed, and development on Phase Two and Phase Three is not yet being proposed. Condition (i) The applicant shall install bike lanes or routes throughout the project where required by the Planning Director in consultation with the Chief Engineer as a matter of pedestrian and bicyclist safety. Acknowledged. Condition (J) Should there be any roadway improvement projects fronting the project area along the present alignment of the Old Airport Road (Kuakini Highway extension), the applicant shall pay its fair share toward the roadway improvements. Fair share contributions may include lands acquired from the applicant for the improvement project. Acknowledged. Condition (K) All roadways within the proposed development shall be constructed to County dedicable standards meeting with the requirements of Chapter 23, Subdivision Code. Roadway improvements within the proposed subdivision shall include concrete curbs, gutters and sidewalks. Roadway improvements shall be constructed concomitant with the development of any parcel within the project area. For the purposes of this condition, development shall mean application for subdivision or plan approval, whichever is applicable. Acknowledged. -3- Condition (L) No direct accesses to individual lots shall be allowed from the Queen Kaahumanu Highway and the Old Airport Road. Acknowledged. Condition (M) Install street lights, signs and markings meeting with the approval or the Department of Public Works, Traffic Division. These improvements shall be installed concomitant with the development of the project area. Acknowledged. Condition (N) Prior to the commencement of development of Phase 2, the applicant shall extend Eho Street in the Kona Industrial Subdivision to Queen Kaahumanu Highway meeting with DPW approval. Acknowledged. Condition (O) Prior to dedication of a street or portion of a street, all utilities servicing lots abutting the street or portion thereof to be dedicated shall be placed underground.. Acknowledged. Condition (P) The applicant shall fund, on a fair share basis, the design and construction of drainage improvements required as a result of the development and meeting with the approval of the County Department of Public Works. A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval for all phases of the development. Acknowledged. Condition (Q) The applicant shall submit a solid waste management plan for the development to the Department of Public Works for its review and approval. A copy of the approved plan shall be submitted to the Planning Department prior to the issuance of final subdivision approval or final plan approval. Acknowledged. Condition (R) The applicant shall construct all on site sewer system improvements required by the County Department of Public Works and the State Department of Health. The applicant shall fund, on a fair share basis, the design and construction of off site sewer improvements required as a result of the development and meeting with the approval of the County Department of Public Works and the State Department of Health. Acknowledged. Condition (S) If required, the applicant shall comply with the State Department of Health's requirements for underground injection systems and secure NPDES permits for discharges into State waters. Acknowledged. -4- Condition (T) As required by the State Department of Health, the applicant shall conduct periodic monitoring of ocean water. The Trust will comply as required. Condition (U) The applicant shall consult with the Army Corps of Engineers to determine if any permits are required for the development. Acknowledged. Condition (In The applicant shall abide by all applicable State and County air quality and noise level control standards during the pre-construction and construction phases of the project. Acknowledged. Condition (VI9 The applicant shall preserve the burial site on the subject property with a 30- foot-wide buffer zone, as recommended by the Hawaii Island Burial Council and accepted by the State Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD). The applicant shall submit a detailed long-range preservation plan for the burial site on the subject property to the DLNR-SHPD for its review and approval. The applicant shall submit a copy of the approved preservation plan, as well as written verification from the DLNR- SHPD that the plan has been successfully executed, to the Planning Director for the Department's files prior to conducting any land altering activities in the area of the burial site. Acknowledged. No development activity is currently proposed within the immediate vicinity of the burial site. Condition (X~ During land altering and construction activities, barrier fences shall be erected around the burial site buffer zone and construction firms working within the development shall be briefed as to the presence of the burial site, and the fact that substantial fines and seizure of equipment can result from damage to the site. Acknowledged. Condition (1) Should any previously unidentified burials, archaeological or historic sites such as artifacts, marine shell concentrations, charcoal deposits, or stone platforms, pavings or walls be found, the applicant shall stop work in the immediate vicinity and the DLNR-SHPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that mitigative measure have been implemented to its satisfaction. Acknowledged. Condition (Z) Comply with all applicable laws, rules, regulations and requirements of other affected agencies for approval of the proposed development within the subject property. Acknowledged. -5- Condition (AA) Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Acknowledged. Condition (BB) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance. 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 The next annual progress report is due August S, 2005. Condition (CC) An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. 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 up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Acknowledged. Condition (DD) Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. Acknowledged. -6- ,NYY tl6 pq~ . GOB q~ ~ _ Harry Kim Meye, '(0d AUG 27 r C$ristopher J. Yuen !qtt Oi•N~~~ r 1 l ( . Roy R. Takemoto Devurv Dlrecn,r C~C~~xrcfg ~rx~~ttt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 - Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax (808) 961-8742 August 24, 2004 Mr. Gene Yong, Senior Planner Belt Collins Hawaii Ltd. 2153 North King Street, Suite 200 Honolulu, HI 96819 Dear Mr. Yong: Change of Zone Ordinance No. 99 96 (REZ 922) Applicant: Queen Liliuokalani Trust Subject: Annual Progress Report Tax May Key: 7-4-008:063 This is to acknowledge receipt of your letter dated August 17, 2004, containing an annual progress report as required by Condition N of Ordinance No. 99 96 (REZ 922). Thank you for complying with the annual progress report requirement. As a reminder, you are required to comply with all conditions as stated in the above-referenced ordinance within the appropriate timetables. Please note that your next annual progress report will be due on or before August 19, 2005. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, CH OPHER J.. EN Planning Director JWD:smn P:AWPW1N60AJEFF\Letters\Annua1 Reports\LYong-APR-REZ922(2).doc cc w/letter: -0 Hawaii County Council Planning Commission Planning Department-Kona Flawai`i County is air Equal Opportunity Provider and Employer August 17, 2004 2002.43.0800 / 04P-272 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Dear Mr. Yuen: Annual Progress Report Ordinance No. 99-96 Queen Liliuokalani Trust Makalapua Business Center Keahuolu Lands, North Kona, Island of Hawaii Honolulu Guem On behalf of Liliuokalani Trust, please find attached an annual progress report Pltltpntry+' in compliance with Condition N of Hawaii County Ordinance No. 99-96. ~eaitln Slapapog If you have any questions or comments, please feel free to contact me at Th:.land (808) 521-5361. With regards, BELT COLLINS HAWAII LTD. Gene Yong Project Planner GY:If cc: Bob Ozaki/Queen Liliuokalani Trust Bali Oollms Hawatl Ltd 2153 Not th King 9lreet Stdte 200 Honolulu, Hawaii 96819 1554 USA T1808 6Z 1 5361 3 F1808 538 /819 honoltdu it belico Ains com n www bcltcollins aom belt C, I ns H,, ,l a an ERmel Oppnnumty FI loyer ANNUAL PROGRESS REPORT ORDINANCE NO. 99-96 QUEEN LILIUOKALANI TRUST Submitted to the Hawaii County Planning Department By Belt Collins Hawaii on behalf of Liliuokalani Trust August 19, 2004 Condition (A) The petitioner, its successors or assigns, shall be responsible for complying with all conditions of the change of zone. Compliance is ongoing Condition (B) The applicant, its successors or assigns, shall be responsible for complying with applicable conditions of the State Land Use Boundary Amendment Decision and Order in Docket No. A94-705. Compliance is ongoing. On June 1, 2004 and on behalf of Liliuokalani Trust, Belt Collins submitted an annual progress report to the County of Hawaii Planning Department for its inclusion within the County's annual report to the State (complying with Condition No. 13 of LUC Docket No. A94- 705). Condition (C) The required water commitment be exercised or secured with the Department of Water Supply in accordance with the prior agreement and/or its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the Final Plan Approval. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer is in compliance with this condition. Condition (D) Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code and Planning Department's Rule 17, relating to Landscaping Requirements. Plans shall identify the proposed structures, vehicular traffic, paved driveway access and parking stalls associated with the proposed use. Landscaping shall also be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. At the time of development and in accordance with the time trame specified, the Trust will comply, or ensure that the developer complies with this condition. Condition (E) All roadways within the proposed development shall be Improved with curbs, gutter and sidewalk improvements meeting with the approval of the Department of Public Works. At the time of development, the Trust will comply, or ensure that the developer complies with this condition. Condition (F) All accesses and intersection improvements, including traffic Signalization, shall be constructed meeting with the approval of the Department of Public Works. At the time of development, the Trust will comply, or ensure that the developer complies with this condition. Condition (G) Install sewer lines to connect with the Kealakehe Wastewater Treatment Plant, meeting with the approval of the Department of Public Works, prior to occupancy of the development. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer complies with this condition. Condition (H) A Drainage Study, if required, shall be prepared and the drainage system shall be installed meeting with the approval of the Department of Public Works. At the time of development, the Trust will comply, or ensure that the developer complies with this condition. Condition A Solid Waste Management Plan for the proposed Development within the subject property shall be prepared and submitted for approval to the Department of Public Works prior to securing Final Plan Approval. A copy of the approved plan shall be submitted to the Planning Department for its files. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer complies with this condition. Condition (1) Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed development. The Trust will comply. -2- Condition (K) An Archaeological Data Recovery Plan for the seven Significant historic sites and a Preservation Plan (including buffer zones, interim protection measures, and a long-term preservation plan) for the Kuakini Wall shall be submitted to and approved by the State Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) and the Planning Department. The DLNR- HPD shall verify in writing to the Planning Department when both plans have been successfully executed. No land alteration may occur in the vicinity of the site until the plans have been successfully executed. At the time of development and in accordance with the time frame specified, the Trust will comply, or ensure that the developer complies with this condition. Condition (L) Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. The Trust, or its developer, will comply. Condition (M) Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or assessments of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. As of the date of this Annual Report, no such ordinance has been adopted. Condition (N) An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the director acknowledges that further reports are not required. The next report will be due August 19, 2005. Condition (O) An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: 3- 7. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4, The time extension 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 up to one additional year) 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. In compliance; requests for extension will be submitted when required. Condition M Should any of the conditions not be met or substantially Complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. The Trust intends to comply with the conditions within this ordinance at the time of development and in accordance with timeframes specified in each individual condition. a- 4oJN<V of N~~4 Harry Kim Mayor Christopher J. Yuen ~ ( l.~bJ~ flub 2ll f~~ DGcfr Roy R. JTakemoto C Arp9ty dlJCCJnr C911untij of Pufunii COI PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 MEMORANDUM NO. 04-12 August 26, 2004 TO: Planning Commission Corporation Counsel Board of Appeals Department of Water Supply Mayor Department of Public Works-Hilo bounty Council Department of Public Works-Kona Planning Staff State Land Use Commission FROM: CHRISTOPHER YUEN, Planning Director. / SUBJECT: Planning Commission Revised Tentative Meeting Schedule from September to December 2004 PLANNING COMMISSION Unless otherwise specified, the Hilo meetings will be held in the County Councilroom and at the King Kamehameha's Kona Beach Hotel for Kona meetings on Fridays. Please be informed that the dates and venues of the meetings noted below may change. September 3 West Hawaii September 16 Hilo October 1 West Hawaii (Thursday) (Ohana Keauhou Beach Resort) October 22 Hilo November 5 West Hawaii November 19 Hilo December 2-3 West Hawaii (Thurs & Fri) (Hapuna Prince) December 17 Hilo (Aupuni Center) CJY:smn:pak P \ W P60ASMNVM lSCHUC2004. KE V ISED0820 Hawaii County is an Equal Opportunity provider and Employer 4o~N~v,or ~~kt Harry Kim „ Christopher J. Yuen Mayor Direcfir it•, e 1)~ OFX~'~ Roy R. Takemoto Deputy Director (founfiJ of ('701afuaTt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 967 -304 (808) 961-8288 Fax (808) 961-8742 August 16, 2004 F Steven S. C. Lim, Esq. Carlsmith Ball, LLP A Limited Liability Law Partnership 121 Waianuenue Avenue c' Hilo, HI 96720 Dear Mr. Lim: Change of Zone Ordinance No. 99 42 (REZ 926) Applicant: WB KD Acquisition, LLC (formally Kaupulehu Development) Subject: Compliance with Condition P Tax May Key: 7-2-3: portion of 1 Thank you for your letter dated July 23, 2004, which included a copy of the Emergency Preparedness and Response Plan and approval letters from Civil Defense and the Fire Department in compliance with Condition P of Change of Zone Ordinance No. 99 42 (REZ 926). A copy of the letters and plan will be forwarded to the Planning Commission and County Council for their review. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincere yy CHRISTOPHER YUEN Planning Director JWD:smn P:\WP W fN60\JEFF\Letters\Compliance\RCarlsmith-CondP-REZ926.doc cc w/copy: /Hawaii County Council Planning Commission Hawai `i County is an Equal Opportunity Provider and Employer CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE HILO, HI 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMrrH.COM DIRECT DIAL NO. E-MAIL SLIM@CARLSMITH.COM July 23, 2004 Christopher J. Yuen Planning Director 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: WB KD Acquisition, LLC Ordinance No. 99-44 TMK: (3) 7-2-03:01 (portion) at Kaupulehu, North Kona, Hawaii Dear Mr. Yuen: Condition P under Ordinance 99-44 provides as follows: An Emergency Preparedness and Response Plan shall be submitted for review by the Planning Department in consultation with the Fire Department and the Civil Defense Agency prior to the issuance of a Certificate of Occupancy for any residential unit. The plan shall be limited to a review of the emergency roadway network and emergency contact people or association. In compliance with Condition P of Ordinance No. 99-44, we are enclosing copies of the Emergency Preparedness and Response Plan for the Kaupulehu Lot 4-A Residential Community dated June 4, 2004, and letters from the Civil Defense, dated July 20, 2004, and Fire Department, dated June 7, 2004, acknowledging their respective agencies' review and approval of said Plan. Should you have any questions concerning this submittal, please feel free to contact me. Thank you for your consideration. Very truly yours, STEVEN . LIM SSL:KYL Enclosure xc w/enclosure: Milton Morinaga r r PBR Hawaii 0S1150J X86-4384 I KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANCEL[S WASHINGTON, D.C. 7/23/04 EMERGENCY PREPAREDNESS & RESPONSE PLAN KAUPULEHU LOT 4A RESIDENTIAL COMMUNITY June 4, 2004 WB KD Acquisition, LLC P.O. Box 5349 Kailua-Kona, Hawaii 96745 TABLE OF CONTENTS Emergency Phone List ....................................................................................................................1 In-House Emergency Response Team ..........................................................................................2 Emergency Alert System, Evacuation Area and Emergency Operations Center ...........................3 Evacuation Route Map ....................................................................................................................4 Important Weather Terms ...............................................................................................................5 Hurricane & Tropical Storm Procedures ........................................................................................7 General Information ............................................................................................................7 Advisory ..............................................................................................................................7 Hurricane Watch Phase .......................................................................................................8 Hurricane Warning Phase ...................................................................................................8 Post Hurricane Procedures .................................................................................................10 High Surf Advisory ......................................................................................................................1 I Tsunami Procedures ......................................................................................................................12 General Information ..........................................................................................................12 Tsunami Watch Phase .......................................................................................................12 Tsunami Warning Phase ...................................................................................................13 Post Tsunami Procedures ..................................................................................................14 Earthquake Procedures ..................................................................................................................16 General Information ..........................................................................................................16 Evacuation Area ................................................................................................................16 During an Earthquake .......................................................................................................16 Immediately After an Earthquake .....................................................................................16 Post Earthquake Procedures .............................................................................................17 Volcanic Hazards Procedures .......................................................................................................18 Advisory ............................................................................................................................18 Evacuation .........................................................................................................................18 Post Volcanic Hazard Procedures .....................................................................................19 EMERGENCY PHONE LIST 911 EMERGENCY SYSTEM In case of a fire, a crime, or a severe accident, contact the proper authorities immediately: POLICE 911 FIRE 911 AMBULANCE 911 In case of a hazardous material event contact the Security Manager at 325-1000. When the need arises to use the 911 emergency system, remember to tell the 911 dispatcher: 1. The nature of the problem; and 2. The exact location of the problem and stay on the line to answer questions. Example: "This is the Kaupulehu Lot 4A Residential Community. We have a building fire at the club house." OTHER RELATED SERVICE AGENCIES 1. Civil Defense Agency at 935-003; after hours at 935-3311 2. Waikoloa Police Sub-Station at 883-0092 Kealakehe Station at 326-4646 3. Poison Center at 1-800-362-3585 4. Red Cross (emergency shelter information) in Kona at 326-9488 5. Kona Community Hospital Emergency Room at 322-4413 6. North Hawaii Community Hospital Emergency Room at 885-4444 IN-HOUSE EMERGENCY RESPONSE TEAM Management Chain of Command and Duties: The following individuals provide for coordinated response and a clear chain of command and safe operations. Security Manager (phone number at 325-1000) The Security Manager is responsible for front-line management of the emergency situation, including hazardous material events, for tactical planning and execution, and for determining whether outside assistance is need. The Security Manager will have the authority to: 1. Establish command and control of the emergency situation 2. Assess the emergency situation 3. Determine and communicate response strategies to the management chain of command 4. Order and oversee evacuation procedures 5. Through a Unified Command with responding public safety agencies, participate in the coordination of all emergency response activities 6. In collaboration with the appropriate public safety agencies, establish and declare an "all clear" Guard Station Security Personnel The Guard Station Security Personnel will: 1. Perform all tasks as assigned by the Security Manager 2. Assume duties of the Security Manager in his absence 4827-1027-9680.1 -2- EMERGENCY ALERT SYSTEM, EVACUATION AREA and EMERGENCY OPERATION CENTER (EOC) EMERGENCY ALERT SYSTEM The Emergency Alert System (EAS) will provide you with information you need. Civil Defense instructions are broadcast over radio, television, and cable TV systems. A monthly test of the EAS and warning sirens is conducted at 11:45 a.m. on the first State work day of each month. A steady three minute siren tone is the Attention Alert Signal. Tune in to your local radio station for official emergency information and instructions. EVACUATION AREA Tsunami: The tsunami evacuation area is at the Kaupulehu Lot 4A Residential Community entrance guard station, located makai of the Queen Kaahumanu Highway, as indicated on the evacuation route map. Hurricane: The Hawaii County Civil Defense Agency will inform the public through local radio and television announcements as to designated hurricane evacuation centers within the North Kona District. Earthquake: The earthquake refuge/assembly area will be located at the Kaupulehu Lot 4A Residential Community entrance guard station, as indicated on the evacuation route map. Volcanic: The volcano hazard evacuation area is at the Kaupulehu Lot 4A Residential Community entrance guard station, located makai of the Queen Kaahumanu Highway, as indicated on the evacuation route map. EMERGENCY OPERATION CENTER (EOC) The EOC will be located at the Kaupulehu Lot 4A Residential Community entrance guard station and will serve as the centralized management center for emergency operations. 4827-1027-9580.1 -3 - EVACUATION ROUTE MAP RDAD aw -~?L~~~J\-~~-~`"~ ROAD CIE I _ 'A. RDAD C2wB j . ROAD BE urRaa ROAD C A ROAD BW INIERPRERK ~dPAaN - ~ / \ I I i ~ NAIN ROAD Imo. i ROAD EE / / % I SIO ~R PUi ; I / MAW ROA03 i PUBLIC ROAD - ~~T WIN ROADI KAUPWLEHU LOT 4A ® MAY a, zoos II ,y North SCALE: 1'=500' 4827-1027-9680.1 _ 4 _ IMPORTANT WEATHER TERMS The following information is from the National Oceanic and Atmospheric Administration. These are definitions of important weather terms that will be useful in determining actions to take during severe weather conditions. Tropical Disturbances: A moving area of thunderstorms in the tropics that maintains its identity for 24 hours or more. A common phenomenon in the tropics. Tropical Storm: Distinct rotary circulation, sustained wind speed range of 39-73 miles per hour (34-63 knots). Hurricane: Pronounced rotary circulation, sustained wind speed of 74 miles per hour or more. Hurricane winds can reach 160 miles per hour and extend inland for hundreds of miles. Hurricanes bring torrential rains and a storm surge of ocean water that graces into land as the storm approaches. The following advisory statements are issued as follows: Small Craft Cautionary Statements: When a tropical cyclone threatens a coastal area, small craft operators are advised to remain in port or not to venture into the open sea. Gale Warnings: Are issued when winds of 39-54 miles an hour (34-47 knots) are expected. Storm Warnings: Are issued when winds of 55-73 miles an hour (48-63 knots) are expected. Hurricane Watch: Issued whenever there is a good possibility of hurricane conditions of damaging winds, surf and flooding rains occurring anytime within 36 hours. This is the time to take action and commence some preparation for your family, business and property. Hurricane Warning: Issued when there is a high probability of hurricane force winds occurring anytime within 24 hours. It is stressed that advance warnings may not be possible for specific areas of the island, and you must stay on the alert and complete all safety precautions once hurricane warnings are issued. Tsunami Watch: An earthquake has occurred which may have possibly generated a tsunami. An investigation is underway by the National Oceanic and Atmospheric Administration to determine if a tsunami has been generated. 4827-1027-9680.1 - 5 - Tsunami Warning: An earthquake has occurred and the generation of a tsunami has been confirmed. Flash Flood Watch: Means a flash flood is possible in the area; stay alert. Flash Flood Warning: Means a flash flood is imminent or occurring; take immediate action. Tornadoes: Spawned by hurricanes sometimes produce severe damage and casualties. High Surf Advisory: Issued to inform the public of critical and dangerous surf heights. 4827-1027-9680.1 -6- HURRICANE & TROPICAL STORM PROCEDURES GENERAL INFORMATION The Kaupulehu Lot 4A Residential Community and its surrounding grounds are located on a coastal area and the Hawaii County Civil Defense has identified the area as being susceptible to hurricane or tropical storm activities. During a hurricane, there is a general rise in sea level. Large swells, high surf and wind driven waves can cause flooding and destruction along shorelines. Wind speeds during a hurricane can have sustained winds in excess of 75 mph, with gusts of more than 150 mph. The National Weather Service and the Central Pacific Hurricane Center coordinate with the Civil Defense System to issue weather advisories, bulletins, watches and warnings. They inform the public through local radio and television announcements. Hurricanes are classified into five categories based on their wind speeds, central pressure and damage potential. Category One Winds 74-95 mph Category Two Winds 96-110 mph Category Three Winds 111-130 mph Category Four Winds 131-155 mph Category Five Winds greater than 155 mph ADVISORY RE HIGH WINDS, TROPICAL STORM OR POSSIBLE HURRICANE Upon notification of high winds, tropical storm or possible hurricane the following actions will occur: 1. The Security Manager will monitor the storm by radio and calls to Civil Defense Agency to prepare for "watch" and/or "warning" upgrades. 2. In the event of high winds, secure loose items surrounding the Beach Club House and Interpretive Center. 3. Authorize security of the Beach Club House and Interpretive Center buildings, if conditions warrant. 4827-1027-9680.1 -7- HURRICANE WATCH PHASE Issued whenever there is a good possibility of hurricane conditions of damaging winds, surf and flooding rains occurring anytime within 36 hours. Actions to be Taken 1. Tune in to your local radio station for official emergency information and instructions and alert the Security Manager, or in his absence, the Guard Station Security Personnel. 2. The Security Manager will assess the emergency situation and determine and communicate response strategies to the management chain of command as follows: a. Contact all department heads of the Kaupulehu Lot 4A Residential Community to ensure that they are aware of the situation and know the designated evacuation area. b. Instruct department heads to notify all non-essential personnel that they will be sent home in the event of an evacuation. c. Determine residents needing assistance due to a medical or other condition. d. Instruct On-Duty Security Personnel to: o Close the Interpretive Center, Beach Club House and beach area and assist residents to their homes. o Secure loose items surrounding the Beach Club House and Interpretive Center. e. Notify the Kaupulehu Lot 4A Residential Community entrance guard station of the closure of the Interpretive Center, Beach Club House and beach area and to inform new shift employees to return home to prepare for possible evacuation, and direct residents to the Kaupulehu Lot 4A Residential Community for further instructions. HURRICANE WARNING PHASE Issued when there is a high probability of hurricane force winds occurring anytime within 24 hours. Actions to be Taken 1. Tune in to your local radio station for official emergency information and instructions and alert the Security Manager, or in his absence, the Guard Station Security Personnel. TAKE IMMEDIATE ACTION. 4827-1027-9680.1 -8- 2. The Security Manager will: a. Proceed to the Kaupulehu Lot 4A Residential Community entrance guard station and set up the EOC and implement evacuation procedures. b. Exclusively monitor local radio station for official emergency information and instructions. c. Notify the Kaupulehu Lot 4A Residential Community entrance guard station of the closure of the Interpretive Center, Beach Club House and beach area and to inform new shift employees to return home to prepare for evacuation or to go to the nearest evacuation shelter designated by the Civil Defense Agency, and direct returning residents to the nearest evacuation shelter designated by the Civil Defense Agency. d. Instruct On-Site Security Personnel to meet at the Kaupulehu Lot 4A Residential Community entrance guard station to transport via company automobile those people without individual transportation to the nearest evacuation shelter designated by the Civil Defense Agency. e. Contact all department heads of the Kaupulehu Lot 4A Residential Community to direct essential employees to the evacuation area to assist with evacuation procedures, and to send home all non-essential personnel. f. Instruct On-Duty Security Personnel to contact those residents needing assistance due to a medical or other condition and assist those residents to the drop-off area fronting the Kaupulehu Lot 4A Residential Community entrance guard station for transport to the nearest local evacuation shelter designated by the Civil Defense Agency. g. Instruct On-Duty Security Personnel to: o Close the Interpretive Center, Beach Club House and beach area and assist residents to their homes to gather essential items and lock homes. o Conduct a building to building search and lock Interpretive Center and Beach Club House to prevent reentry. o Secure loose items surrounding the Beach Club House and Interpretive Center. h. Authorize Kaupulehu Lot 4A Residential Community building system shut-down and security of building system: o Shut down water main. o Electrical system (DO NOT TOUCH - will automatically shut off). o Secure loose items surrounding the Beach Club House and Interpretive Center. 4827-1027-9680.1 -9- i. Conduct final evacuation checklist: o Confirm with Guard Station Security Personnel that the Kaupulehu Lot 4A Residential Community is empty and lock the Interpretive Center and Beach Club House to prevent reentry. o Conduct final sweep of the beach area, Interpretive Center and Beach Club House prior to final departure. POST HURRICANE PROCEDURES 1. Remain at the local evacuation center until notified by the Security Manager (after consultation with Civil Defense) that it is safe to return. 2. For information prior to the approval to return to the Kaupulehu Lot 4A Residential Community, call the Security Manger at 325-1000 and/or tune in to the local radio station for official information and instructions. Be advised that telephone services may not be operational, 3. The Security Manager will patrol the Kaupulehu Lot 4A Residential Community with the assistance of On-Site Security Personnel for assessment of damages: o Spilled hazardous materials such as paint, oil, gas. o Leakage of flammable liquids. o Broken glass and other obstructions. o Structural integrity of Beach Club House, Interpretive Center and Entrance Guard Station buildings. 4. The Security Manager will authorize reentry into the Kaupulehu Lot 4A Residential Community after assessment of damages with On-Site Security Personnel: o Watch for downed utility (electrical/telephone) lines. Call HELCONerizon for repair service. o Check electrical system if operational. Reset fuses. If repeated tripping off of fuses occurs, call electrician for repair. o Check water mains, lines and plumbing. If intact, turn on main value and recheck if operational to verify no damage to Interpretive Center, Beach Club House and Entrance Guard Station building's internal plumbing and lines. o Check if sewage lines operational prior to permitting flushing of toilets. 5. The Security Manager will authorize post impact security of the Kaupulehu Lot 4A Residential Community Project: o Maintain 24-hour security for the Kaupulehu Lot 4A Residential Community. o Assess damage and determine whether or when residents may return to their homes. 4827-1027-9680.1 - 10- HIGH SURF ADVISORY The Kaupulehu Lot 4A Residential Community and its surrounding grounds are located on a coastal area susceptible to high surf conditions which can cause flooding and destruction along shorelines. Actions to be Taken Upon notification of high surf conditions the following actions will occur: 1. The Security Manager will instruct Guard Station Security Personnel to: o Close the Interpretive Center, Beach Club House and beach area and assist residents to their homes. o Notify the Kaupulehu Lot 4A Residential Community entrance guard station of the closure of the Interpretive Center, Beach Club House and beach area. 2. Tune in to your local radio station for official emergency information and instructions. 4827-1027-9680.1 _ 1 1 _ TSUNAMI PROCEDURES GENERAL INFORMATION The Kaupulehu Lot 4A Residential Community and its surrounding grounds are located on a low-lying coastal area and the Hawaii County Civil Defense has identified the area as a definite inundation area in the event of a tsunami. A tsunami is a series of waves caused by underwater disturbance such as an earthquake. The Pacific Tsunami Warning Center coordinates with the Civil Defense System to issue advisories, bulletins, watches and warnings. They inform the public through local radio and television announcements. Locally Generated Tsunamis: Caused by an earthquake of 6.8 or more on the Richter Scale. Time may not allow for the Civil Defense System to issue a tsunami warning. If the earthquake is strong enough to cause structural damages, knock you off your feet or cause you to brace yourself to prevent from being knocked down, DO NOT WAIT - EVACUATE IMMEDIATELY and proceed to higher grounds. Distant Tsunamis: Tsunamis generated from a distant location with warning time to allow for a planned evacuation. TSUNAMI WATCH PHASE An earthquake has occurred which may have possibly generated a tsunami. An investigation is underway by the Pacific Tsunami Warning Center to determine if a tsunami has been generated. Actions to be Taken 1. Upon notification, tune in to your local radio station for official emergency information and instructions and alert the Security Manager, or in his absence, the Guard Station Security Personnel. 2. The Security Manager will assess the emergency situation and determine and communicate response strategies to the management chain of command as follows: a. Contact all department heads of the Kaupulehu Lot 4A Residential Community to ensure that they are aware of the situation and know the designated evacuation area. b. Instruct department heads to notify that all non-essential personnel should be sent home in the event of an evacuation. c. Determine residents needing assistance due to a medical or other condition. 4827-1027-96W1 - 12 - d. Instruct On-Duty Security Personnel to contact those residents needing assistance due to a medical or other condition. e. Instruct security personnel to: o Close the Interpretive Center, Beach Club House and beach area and assist residents to their homes. o Secure loose items surrounding the Beach Club House and Interpretive Center. f. Notify the Kaupulehu Lot 4A Residential Community guard station of the closure of the Interpretive Center, Beach Club House and beach area and to inform residents and employees to return home to prepare for possible evacuation. TSUNAMI WARNING PHASE An earthquake has occurred and the generation of a tsunami has been confirmed. The sounding of the Civil Defense Emergency warning sirens is one mechanism designed to communicate with the public. A steady three minute siren tone is the Attention Alert Signal. Tune in to your local radio station for official emergency information and instructions. Actions to be Taken 1. When you hear this siren or learn of a tsunami warning, tune in to your local radio station for official emergency information and instructions and alert the Security Manager, or in his absence, the Guard Station Security Personnel. TAKE IMMEDIATE ACTION. 2. The Security Manager will: a. Proceed to the Kaupulehu Lot 4A Residential Community entrance guard station and set up the EOC and implement the emergency response b. Exclusively monitor local radio station for official emergency information and instructions. c. Notify the Kaupulehu Lot 4A Residential Community entrance gate house guard of the closure of the Interpretive Center, Beach Club House and beach area and to inform residents and employees to return home to prepare for evacuation or to go to the nearest evacuation shelter designated by the Civil Defense Agency. d. Instruct On-Site Security Personnel to meet at the Kaupulehu Lot 4A Residential Community entrance guard station to transport via company automobile those 4827-1027-9690.1 - 13 - people without individual transportation to the nearest evacuation shelter designated by the Civil Defense Agency. e. Contact all department heads of the Kaupulehu Lot 4A Residential Community to direct essential employees to the evacuation area to assist with evacuation procedures, and to send home all non-essential personnel. f Instruct On-Duty Security Personnel to contact those residents needing assistance due to a medical or other condition and assist those residents to the drop-off area fronting the Kaupulehu Lot 4A Residential Community entrance guard station for transport to the nearest evacuation shelter designated by the Civil Defense Agency. g. Instruct On-Site Security Personnel to: o Close the Interpretive Center, Beach Club House and beach area and assist residents to their homes to gather essential items and lock homes. o Secure loose items surrounding the Beach Club House and Interpretive Center. h. Authorize Kaupulehu Lot 4A Residential Community building system shut-down and security of building system: o Shut down water main. o Electrical system (DO NOT TOUCH - will automatically shut off). o Secure loose items surrounding the Beach Club House and Interpretive Center. i. Conduct final evacuation checklist: o Confirm with Guard Station Security Personnel that the Kaupulehu Lot 4A Residential Community is empty and lock the Interpretive Center and Beach Club House to prevent reentry. o Conduct final sweep of the beach area, Interpretive Center and Beach Club House prior to final departure. POST TSUNAMI PROCEDURES 1. Remain at the local evacuation shelter until notified by the Security Manager (after an "all clear" has been issued by the Civil Defense Agency) that it is safe to return. 2. For information prior to the approval to return to the Subdivision, call the Security Manger at 325-1000 and/or tune in to the local radio station for official information and instructions. Be advised that telephone services may not be operational. 4827-1027-9680.1 - 14- 3. The Security Manager will patrol Kaupulehu Lot 4A Residential Community with the assistance of security personnel for assessment of damages: o Spilled hazardous materials such as paint, oil, gas. o Leakage of Flammable liquids. o Broken glass and other obstructions. o Structural integrity of Beach Club House, Interpretive Center and Entrance Guard Station buildings. 4. The Security Manager will authorize reentry of the Kaupulehu Lot 4A Residential Community Project buildings after assessment of damages with On-Site Security Personnel: o Watch for downed utility (electrical/telephone) lines. Call HELCO/Verizon for repair service. o Check electrical system if operational. Reset fuses. If repeated tripping off of fuses occurs, call electrician for repair. o Check water mains, lines and plumbing. If intact, turn on main value and recheck if operational to verify no damage to building's internal plumbing and lines. o Check if sewage lines operational prior to permitting flushing of toilets. 5. The Security Manager will authorize post impact security of the Kaupulehu Lot 4A Residential Community: o Maintain 24-hour security for Kaupulehu Lot 4A Residential Community. o Assess damage and determine whether or when residents may return to their homes. 4827-1027-9680.1 -15 - EARTHQUAKE PROCEDURES GENERAL INFORMATION An earthquake is the result of the shifting of the earth's crust or may be caused by underground volcanic action, and generally occurs without warning. When this happens, slight tremors to violent movements to buildings can be seen and felt. EVACUATION AREA The designated earthquake refuge/assembly area is the Kaupulehu Lot 4A Residential Community entrance guard station. DURING AN EARTHQUAKE 1. Remain calm; do not panic. 2. Stay where you are. 3. If you are indoors: o seek cover under a desk, counter, table, etc.; o stay away from glass and outside of doorways; and o do not run for exits. 4. If you are outdoors: o move away from buildings and utility lines; o stay in an open area; o do not run through or near buildings; and o do not light a match or lighter (possible gas leaks). IMMEDIATELY AFTER AN EARTHQUAKE I. If an earthquake was strong enough to knock you down, consider it a natural tsunami warning. The beach areas and Resort must be immediately evacuated and people instructed to move away from the shoreline and to proceed to higher ground and the evacuation site at the Kaupulehu Lot 4A Residential Community entrance guard station. 2. Be prepared for additional aftershocks. 3. If indoors, evacuate damaged building. 4. If outdoors, do not enter damaged buildings. 5. Do not use the telephone (unless medical emergency). 4827-1027-9680.1 -16- 6 Turn on radio and/or television for Civil Defense Emergency Bulletins. 7. Security Manager will instruct Guard Station Security Personnel to immediately check for injuries. Do not attempt to move seriously injured persons unless they are in imminent danger from further injury due to structural collapse, fire, etc. POST EARTHQUAKE PROCEDURES 1. Remain at the evacuation area until notified by the Security Manager that it is safe to return. 2. For information prior to the approval to return to the Kaupulehu Lot 4A Residential Community, call the Security Manger at 325-1000. Be advised that telephone services may not be operational. 3. The Security Manager will patrol the Kaupulehu Lot 4A Residential Community with the assistance of On-Site Security Personnel for assessment of damages: o Spilled hazardous materials such as paint, oil, gas. o Leakage of flammable liquids. o Broken glass and other obstructions. o Structural integrity of Beach Club House, Interpretive Center and Entrance Guard Station buildings. 4. The Security Manager will authorize reentry of into the Kaupulehu Lot 4A Residential Community after assessment of damages with On-Site Security Personnel: o Watch for downed utility (electrical/telephone) lines. Call HELCONerizon for repair service. o Check electrical system if operational. Reset fuses. If repeated tripping off of fuses occurs, call electrician for repair. o Check water mains, lines and plumbing. If intact, turn on main value and recheck if operational to verify no damage to building's internal plumbing and lines. o Check if sewage lines operational prior to permitting flushing of toilets. 5. The Security Manager will authorize post impact security of the Kaupulehu Lot 4A Residential Community: o Maintain 24-hour security for Kaupulehu Lot 4A Residential Community. o Assess damage and determine whether or when residents may return to their homes. 4927-1027-9680.1 -17- VOLCANIC HAZARDS PROCEDURES ADVISORY Actions to be Taken The Civil Defense Agency, Police and/or Fire Department will contact the Resort to inform of a volcanic hazard. 1. Upon notification, tune in to your local radio station for official emergency information and instructions and alert the Security Manager, or in his absence, the Guard Station Security Personnel. 2. The Security Manager will assign the Guard Station Security Personnel to monitor the volcanic hazard by radio and calls to Civil Defense Agency to prepare for possible evacuation instructions. EVACUATION Actions to be Taken The Civil Defense Agency, Police and/or Fire Department will contact the Kaupulehu Lot 4A Residential Community to proceed with evacuation procedures. The Security Manager will: 1. Proceed to the Kaupulehu Lot 4A Residential Community entrance guard station and set up the EOC. Implement evacuation procedures upon direction of the Fire Department, Police Department or Civil Defense Agency. 2. Exclusively monitor local radio station for official emergency information and instructions, including the location of the nearest evacuation shelter designated by the Civil Defense Agency. 3. Notify the Kaupulehu Lot 4A Residential Community entrance guard station of the closure of the Interpretive Center, Beach Club House and beach area and to inform new shift employees to return home to prepare for evacuation or to go to the nearest evacuation shelter designated by the Civil Defense Agency, and direct returning residents to the Kaupulehu Lot 4A Residential Community entrance guard station for further evacuation instructions. 4. Instruct On-Site Security Personnel to meet at the Kaupulehu Lot 4A Residential Community entrance guard station to transport via company automobile those people without individual transportation to the nearest evacuation shelter designated by the Civil Defense Agency. 4827-1027-9680.1 -18 - 5. Contact all department heads of the Kaupulehu Lot 4A Residential Community to direct essential employees to the evacuation area to assist with evacuation procedures, and to send home all non-essential personnel. 6. Instruct On-Duty Security Personnel to contact those residents needing assistance due to a medical or other condition and assist those residents to the drop-off area fronting the Kaupulehu Lot 4A Residential Community entrance guard station for transport to the nearest local evacuation shelter designated by the Civil Defense Agency. 7. Instruct On-Site Security Personnel to: o Close the Interpretive Center, Beach Club House and beach area and assist residents to their homes to gather essential items and lock homes. o Conduct a building to building search and lock Interpretive Center and Beach Club House to prevent reentry. 8. Authorize Kaupulehu Lot 4A Residential Community building system shut-down and security of building system: o Shut down water main. o Electrical system (DO NOT TOUCH - will automatically shut off). 9. Conduct final evacuation checklist: o Confirm with Guard Station Security Personnel that the Kaupulehu Lot 4A Residential Community is empty and lock the Interpretive Center and Beach Club House to prevent reentry. o Conduct final sweep of the beach area, Interpretive Center and Beach Club House prior to final departure. POST VOLCANIC HAZARD PROCEDURES 1. Remain at the local evacuation shelter until notified by the Security Manager that it is safe to return. 2. For information prior to the approval to return to the Kaupulehu Lot 4A Residential Community, call the Security Manger at 325-1000 and/or tune in to the local radio station for official information and instructions. Be advised that telephone services may not be operational. 3. The Security Manager will patrol the Kaupulehu Lot 4A Residential Community with the assistance of On-Site Security Personnel for assessment of damages: o Spilled hazardous materials such as paint, oil, gas. o Leakage of flammable liquids. o Broken glass and other obstructions. o Structural integrity of Beach Club House, Interpretive Center and Entrance Guard Station buildings. 4827-1027-9680.1 _19- 4. The Security Manager will authorize reentry of the building after assessment of damages with security personnel: o Watch for downed utility (electrical/telephone) lines. Call HELCO/Verizon for repair service. o Check electrical system if operational. Reset fuses. If repeated tripping off of fuses occurs, call electrician for repair. o Check water mains, lines and plumbing. If intact, turn on main value and recheck if operational to verify no damage to building's internal plumbing and lines. o Check if sewage lines operational prior to permitting flushing of toilets. 5. The Security Manager will authorize post impact security of the Kaupulehu Lot 4A Residential Community: o Maintain 24-hour security for the Kaupulehu Lot 4A Project. o Assess damage and determine whether or when residents may return to their homes. 4827-1027-9680.1 -20- 40JM'y Oi Troy M. Kindred * Administrator Harry Kim Mayor Lanny T. Nakano Assistant Administrator &TunfIJ Qf'Ufuuil CIVIL DEFENSE AGENCY 920 Ululani Street • Hilo, Hawaii 96720-3958 (808)935-0031 • Fax(808)935-6460 July 20, 2004 Christopher Yuen Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen, Subject: Kaupulehu Emergency Plan Review This is to confirm receipt, review, and approval of the Kaupulehu Emergency Plan. The plan was received on June 4, 2004. The final version of the Kaupulehu Emergency Plan was preceded by drafts review, site review, and administrative meetings. Carlsmith Ball LLP is congratulated for developing a good and comprehensive plan. Sincerely, ' Troy M. Kindred Administrator cc: Carlsmith Ball LLP uN<v ar ,yM. Harr Kim _ Darryl J. Oliveira Harry Mayor Fire Chief Desmond K. Wery •9h O~NP'NP Deputy Fire Chief Countp of'NaYoaf `i FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 . Fax (808) 961-8296 June 7, 2004 Mr. Steven S.C. Lim Carlsmith Ball LLP P. O. Box 686 Hilo, HI 96721-0686 Dear Mr. Lim, RE: WB KD ACQUISITION, LLC PROJECT DISTRICT, ORDINANCE NO. 99-44 TMK: (3) 7-2-03:01 (PORTION) AT KAUPULEHU, NORTH KONA, HAWAII This will confirm my review and concurrence of the revised Emergency Preparedness and Response Plan for the Kaupulehu Lot4A Residential Community Plan dated June 4, 2004. Thank you for the opportunity comment. Sincerely, L EIRA ire Chief DO:lk S P\I COG 2 P A ARE DE Hamai'i CowiGi is nu Equal Opporhutihj Provider and Employer. y yt't•Oi My~~ Harry Kim Christopher J. Yuen Mayor e Director 11j Q;.M'~1 Roy R. Takemoto Deputy Director wounfg of'afunii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 ° Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 August 23, 2004 William L. Moore William L. Moore Planning 159 Halai Street Hilo, HI 96720 Dear Mr. Moore: Change of Zone Ordinance No. 96 117 (REZ 715) Applicant: Parker Ranch, Inc. TMKs: 6-2-01:19; 6-7-01; Portion of 25; 6-7-02: 09, 48 and Portion of 17, and 6-8-01: Portions of 1 & 8 This is in response to your letter dated June 1, 2004 requesting clarification regarding Condition M(1)g of Ordinance No. 96 117. We are sorry for the delay in responding. We have the following comments regarding the conditions listed in our March 27, 2002 letter: Condition No. 1: We need written assurance that there will be a maintenance program for the grassed swales, which may include the requirements for a maintenance bond or other security to assure that the work is done in a timely manner. Condition No. 2: We are satisfied with the submitted information that the Americans with Disabilities Act (ADA) does not currently require sidewalks, hence no further action is needed for this condition. Condition No. 3: The covenants shall inform buyers of the residential units where the grass swales are proposed that the County shall not be responsible for providing sidewalks within this area in the future. If future improvements or sidewalks are desired, the residents shall be responsible for the costs of the improvements. We need a copy of these covenants for approval by the Planning Director, in consultation with the Department of Public Works. William L. Moore William L. Moore Planning August 23, 2004 Page 2 Once we receive the above listed information, we will recommend council acceptance of the road with a private maintenance program for the grass swales. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely,-- CHRISTOPHER J. YIJEN Planning Director JWD: P:\WP W rN60UEFF\Letters\Compliance\LMoore-REZ715-CondM(1)g.doc cc w/ copy of letter: ,Hawaii County Council Planning Commission Planning Department-Kona Hawai `i County is an Equal Opportunity Provider and Employer WILLIAM L. MOORE PLANMN,ggt 159 HALAI STREET HILO, HAWAII 96720 - o_q (808) 935-031 I/Fax (808) 934-0162 WLM_Planning@verizon.net ; ~l June 1, 2004 Christopher J. Yuen, Planning Director County of Hawaii Planning Department 101 Aupuni Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Change of Zone Ordinance No. 96-117 (REZ 715) Compliance with Condition M(I)g. This is to follow up with respect to your letter of March 27, 2002 (Attachment No. 1) which determined that development of a portion of Parker Ranch's Waimea Town Center residential lands with grassed swales in lieu of curbs, gutters and sidewalks as provided in Condition M(1)g of Ordinance No. 96-117. The grassed swales were allowed provided that certain conditions of approval were complied with, including the following: If access concerns are raised in relation to the Americans with Disabilities Act (ADA) or other County, State or Federal regulation that require the provision of sidewalks or other access improvements that Parker Ranch, its successors or its assigns shall be responsible for upgrading of the road improvements to conform to such requirements. Parker Ranch shall provide appropriate assurances for this upgrade, meeting with the approval of the Planning Director, in consultation with the Department of Public Works. This letter is to seek clarification of this condition. More specifically, Kaomalo LLC, a joint venture between Schuler Homes and Parker Ranch, Inc. has completed construction of the roadway improvements within the first increment of its Luala'i at Parker Ranch development and will be seeking to dedicate these improvements to the County. As part of the background research for the road improvements, Kaomalo LLC consulted with Paul Sheriff Incorporated, an ADA consultant, as to the requirements for sidewalks under ADA. Attached, please find Paul Sheriff's correspondence on this matter, including a letter from the Disability and Communication Access Board of the State of Hawaii (Attahment No. 2). As stated in the letter, Mr. Sheriff concluded that sidewalks or other pedestrian facilities are not required under the ADA. This conclusion was supported by a letter from the Department of Public Works (Attachment No. 3) which determined that the roadway shoulders within the Luala'i Subdivision is a shared use facility and not a pedestrian facility. Christopher J. Yuen June 1, 2004 Page No. 2 Based on the above, we believe that the projects road improvements as approved by the County and constructed by Kaomalo LLC, comply with the American with Disabilities Act and is therefore in compliance with the requirements of your March 27, 2002 letter. Thank you for your attention to this matter. Please call me if you have any questions in the meantime. Sincerely, gI cry &~\p William L. Moore attachments cc: Michael Jones, Schuler Homes David Houle, Parker Ranch Oct 21 03 11:34a F naka 6 Associates Ltd. (80'01836-8852 P.9 o1/C4/a111Z 12:01 96189, COH-DPW-ENG PYf 02/09 RECEIVED APR 3 2002 Harry Kim Christopher J. Yuen Moyv Olrenor Y1rg Roy It. Taketnoto o•v ~n rNrsao. Cnuunfg of'MfnMii PLANNING DEPARTMENT 25 Aupunl Slmk Room 1". Hilo, Hawall 9672o-4252 (9061A6142ag • Fax (goal 961-1767 March 27, 2002 Mr. William L. Moore William L. Moore Planning 159 Halai Street Hilo, Hawaii 96720 Dear Mr. Moore'. CHANGE OF ZONE ORDINANCE NO. 96-117 (REZ 715) Applicant: Parker Ranch, Inc. Subject: Compliance with Conditions M(I)g TMK: 6-2-01: 19; 6-7-01: Portion of 25; 6-7-02: 09,48 and Portion of 17; and 6-8-01: Portions of I & 8 This is in response to your letter of November 12, 2001 requesting a determination that development within the residential zoned lands within the Parker Ranch Waimea Town Center area be allowed with grassed swales in lieu of curbs, gutters and sidewalks. It also our understanding that Parker Ranch is proposing to dedicate these roads to the County upon completion of the improvements In reviewing the request, we understand that the maximum grade within the project trey will not exceed 8%. Further, there is adequata rainfall under normal conditions to maintain the grass shoulders'without the need for irrigation. We also understand that the grass shoulders will be improved with a cinder/soil mixture to provide structural support in the event cars drive or park on the shoulders. The rezoning ordinance provides that the Planning Director may waive curbs, gutter:, and sidewalks. It is our further understanding that subdivision maps and road construction plans have been prepared for the portion of the Waimea Town Center area to the north of the "Parker Ranch Oct 21 03 11:34a Rkinaka f Rssociates Ltd. (808)836-8852 P.10 ~~,iwr<ou~ n:ut `ib1H9 CO`-1-DPW-ENG PAGE 03109 i / Mr. William L. Moore William L. Moore Planning Page 2 March 27, 2002 Connector Road". This area has been further identified as the Parker Ranch/Schuler Homes Community. There are no specific development proposals for the remaining residential areas to the south of the "Connector Road" as well as the along the eastern portion of the Waimea Town Center. We note that the Waimea Village Design Plan supports the use of grassed swales n lieu of cu, bs, gutters, and sidewalks. Bascd on the above understanding, please be informed that the proposed roadway ross sections for the Parker Ranch/Schuler Homes Community area, including grassed swales lieu of curls, gutters and sidcwalks area allowed, provided that the following conditions are complied with: 1. Parker Ranch, it successors or assigns shall be required to provide written assurance meeting wirh the approval of the Planning Director, in consultation with the Department of public Works that there will he a maintenance program for the grassed swales. This program may include the requirements for a maintenance bond or other security to assure the work is done in a timely manner. 2. If access concerns are raised in relation to the Americans with Disab fit cs Act (ADA) or other County, State of Federal regulation that require the provision of sidewalks or other access improvements that Parker Ranch, it succes,;ors or its assigns shall be responsible for the upgrading of the road improvements to conform to such requirements. Parker Ranch shall provide appropriate assurances for this upgrade, meeting with the approval of the Planning Director, in consultation with the Department of Public Works. 3. That Parker Ranch, its :;uccessors or assigns shall include in its covenants for the residential zoned lands where grassed swales are proposed, notifrcaticn that the buyers of residential units in the area be clearly informed of the improvements that are being provided and that the County shall not be responsible for providing sidewalks within this area in the future and shall further provide that i Esidewalks or other improvements are desired, the residents of the area shall be responsible for the cost of improvements. Said covenants shall be approved by the Planning Director, in consultation with the Department of Public Works. The specific requirements to address th:se concerns, including any bonds or other required securty, shall be in place prior to dedication of the road improvements to the County. At the same time, Parker Ranch should be awl re that final authority for acceptance of dedication of the act 21 03 11:26a F naka L Associates Ltd. (8('0)836-8852 p.4 ~AUL ~HERIFF I NCOR~ORAT~'S~~ May 15, 2003 Mr. Domnie Hambek Schuler Homes, Inc. 828 Fort Street Mall, 4th Floor Honolulu, Hawaii 96813 Re: Luala'i - Detectable Warnings Dear Mr. Hambek: we have finished our research to your question. You requested to receive a determination on the following matter: Is the Luala'i residential project required to provide detectable warnings, AC curbing or any other physical separation delineating the vehicular right of way frorn the pedestrian path of travel? These are our conclusions: I Neither AC curbing nor sidewalks are required by ADAAG. The ADAAG is intended fo: buildings and facilities (public accommodations). 2. The requirerneut for detectable wantings has been suspended twice for further research. The latest suspension expired July 26, 2001 and is thus in effect. 3. The current ADAAG is being revised. The new proposed ADAAG has no provisions on detectable warnings for curb tamps and there is no indication of a firm date for final implementation (See Exhibit) The new ADAAG deals with "facilities" (buildings, stations, etc). 4. There are no final design guidelines issued by the U.S. Access Board under ADAAG for the public right of way. 5 The Public Rights-of-Way Access Advisory Committee (PROWAAC) has made no recommendation to detectable warnings in the manner described above. 6. Hawaii County did not require a sidewalk to be installed in the Luala'i residential area. The sidewalk requirement was apparently given a variance in this situation 1000 Bishor Street, Suite 888, Honolulu, Hawaii 96813 Phone (808) 79'-PAUL (72115) • Fix: (808) 792-STAN (7826) • Cellular: (808) 371-1250 www.paulaherlff.com Oct 21 03 11:27a Al,inaka 6 Associates Ltd. (808)836-8852 P.5 Mr. Donnie Hambek May 15, 2003 Page 2 7. If sidewalks are not required, then raised curbing or curb ramps are not required, per ADAAG. e. There is no current requirement for detectable warnings along shoulders of roadways. 9. We could find no federal highways requirement for detectable warnings and/or AC curbing along vehicular paths of travel in this application. 10. No agency we researched applies ADAAG 4,29.5 in the above scenario, as recommended by Jean Tessmer. 11. There is no State of Hawaii requirement to provide detectable warnings and/or AC curbing along shoulders of residential areas, separating the vehicular right of way with the pedestrian path of travel. We have contacted the following agencies researching the issue and subject and wr, have requested technical assistance from the following: • United States Architectural Transportation Barriers Compliance Board • The Department of Justice, Civil Rights Division for Americans with Disabilities Act. • Architects and specialists in areas of the Fair Housing Amendments Act and members o t' the PROWAAC committee, • Local architects regarding the Uniform Building Code and any requirements for detectable warnings and/or AC curbing in this application. In addition to ADAAG, the following reference guidelines have been researched, and we found no guidelines for installing AC curbs or detectable warnings under the conditions for this projc(t: 1. State of Hawaii department of Transportation, Statewide Uniform Design Manual for Streets and Highways 2. American Association of State Highway and Transportation Officials (AAS'HTO), A Policy on Geometric Design of Highways and Streets, 2001 3 1983 Hawaii County Code - Revised and Republished 1995, Chapter 23 - Subdivisions Oct 21 03 11:27a r 'naka 6 Associates Ltd. (801836-8852 p.7 myY 14-07 MUM Frog-DISABILM AMU CDWa311CATIW1 AlXF 66 BRDD 1085168111 .61 i.)5/05 F-051 a? ~ DISABILITY AND COMMUNICATION ACCESS BARD t ~ 4lDAUMoaaa9oulr•tad:Roaraldl-lewwtalttiLn..d55ats Pa. (BO>n56ti-8121(VrfDD) • Fax(8ltl~ 5868125 May 13, 2003 hdEMORANDUM T0; Paul Sheriff Paul Sheriff, lacarporated PROM: Franc= Wazow- ' Executive Director SUBI: Detectable Warnings in Roadways In response 10 your JaViry to out office regarding the applicadoo of detecra ale wtlrainYs for separation of the roadway from adiacem shoulders or walkways, current ADAAG requites the following: 4195 Detectable WarAtings nt Hazardous Vehiadar Areas. If a Walla crosses or adjoins a vehicular way, and the wailing stufaccs are not separated by curbs, rAlings, or other elements between the pedestrian areas Dad vellaulrr areas, the boundary between rho areas shall be defined by a conunuoas, detectable warnag which is 36" wide complying with 4.29.2. The current ADAAG requirement for detectable warnings is in effect since the suspension wag lifted in July 2W1, Our Board has rendered several interpretive opinions on the oceptable design Dad application of the warnings on curb ramps. In discussions with the U.S. Dcpartswrit of Justice and U.S. Access Board (April i, 2003 and Apcit 10. 2003 respectively), our staff received no confirmation rut the application of de legal le warr» ass is requited for sep tatiou of the roadway Lwu ediwem shoulders of waA ways. 7 hrs. we have not placed that requirement in our review ptoom Hawaii Revised Stamim 10310. However, if you would like to have a formal lnterprctive opiltlon on Section 4.2!,.5 as it relates to the scparndon of vehicular roadway:: from adjacent pedestriah paths of travel or : houliers without physical or vertical separation, you rngy ask for a romW interpretive opinion from our Board, please contact Ban Gorospc, Axes Coordinator, at 586-8121 if you would live to pursue Oils msuu. Oct 21 03 11:26a naka & Associates Ltd. (8' 1836-8852 F.1 JNiv or H,w Harry Kim Bruce C. McClure Mayor Direciar IJr OM ( Ronald K. T;ikahashi aannfu of Paluait Deputy Dii ecror DEPARTMENT OF PUBLIC WORKS Aupuni Center R E C E I V E D 101 Parahi Sntet, Suite 7 • Hilo, Hawaii 96720-4224 (808) 961-8321 • Fax (808) 961-8630 Tune 13, 2003 - JUN I 2001 IKINAKA & ASS( ClffES, LTD, Mr. Barry K. Muranaka, Vice President Akinaka & Associates, Ltd. 3049 Ualena Street, Suite 500 Honolulu, Hawaii 96819-1947 SUBJECT: DETECTABLE WARNINGS AND A. C. CURBING Subdivision No.: 2001-0139 Subdivision Name: Luala'i at Parker Ranch, Phase 1 TMK: 6-9-02: portions 57, 58, 60, & 61 DPW Folder No.: 6'144-D4 In response to your letter dated May 23, 2003 and fax of June 12, 2003, we approve the delel ion of the detectable warnings and asphalt concrete curbing for the subject subdivision. It is our position that with the removal of the A. C. curbing the shoulder is a shared use facility and is not a pedestrian facility. Consequently, there can be no ADA compliance requirement. By County Code Section 22-1.2, a sidewalk (pedestrian facility) must be defined by a vehicular separation device such as a concrete, A. C., or rolled curb that is intended for pedestrian or non-vehiculir use. As a reminder, acceptance of roadway dedication will be under the authority and discretion of the Hawaii County Council. Should you have any questions or concems, please contactMr. Kelly Gomes or. M r. Cres Ram bayou of our Engineering Division at 961.8327. BRUCE C. MCCLURE, P. E. l (t t 0,~~ Director Post-it- Fax Note 7671 mate l0 21 p~1 pages Z To \ A From M u?r~~'I[. GK KG i 1 l are. Phone %Phonep c ENG Faxx °J34 - 0\02 F°'"