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Home My WebLink AboutCOM 0820.000 2002-2004Harry Kim Mayor August 23, 2004 #,TIiunfV of "afu2Iti PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 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 tpher J. Yuen Dwecto, Roy R. Takemoto Depmv Direcme 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. Comm. No. O X0 Ref. To: 00 ' Ref. Date OCT 2 0 2004 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. Yi 7EN Planning Director JWD: P:\WP WIN60VEFF\Letters\Compliance\LMoore-REZ715-CondM(I )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 PLANK' INC#11 159 HALAL STREET HILO, HAWAII 96720 C, 2 �/ (808) 935-031 I/Fax (808) 934-0162 WLM_Planning@verizon.net - 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(1)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 Sheriffs 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, -ujAp-� �- O�p William L. Moore attachments cc: Michael Jones, Schuler Homes David Houle, Parker Ranch act 21 03 11:34a V GW[tlnZ 11:41 Harry )Gm Nora March 27, 2002 F naka & Associates Ltd. 96189- CDH -DPW -ENG Mr, William L. Moore William L. Moore Planning 159 HaW Street Hilo, Hawaii 96720 Dear Mr. Moore 61runfg >zf �Kaf xaii PLANNING DEPARTMENT 2S Aupunt Simi, Roam lot • into, nawafl 96770.4252 (6061.3614788 • rva' (BOB) %1-6761 CHANGE OF ZONE ORDINANCE NO. 96-117 (REZ 715) Applicant: Parker Ranch, Inc. Subject: Compliance with 11—onditious M(1)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 1 & 8 PYE 02/09 RECEIVED APR -- 3 2002 Christ,Ther J. nen Otreaw Roy It. Takemoto Oep ury pnuor 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 .area will not exceed 8%. Further, there is adequate 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 ihe 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 W aimen Town Center area to the north of the "Parker Ranch Oct 21 03 11:34a Auinaka 6 Associates Ltd. U„<»,<w< Ir:ar y61H9 CL14-DPW-ENG i / Mr. William L. Moore William L. Moore Planning Page 2 March 27, 1002 ldUHlti:ib-bdnL P.IU PAGE 03/0? 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 To, vn Center. We note that the Waimea Village Design Plan supports the use of grassed swales :'n lieu of cubs, gutters, and sidewalks. Based on the above understanding, please be informed that the proposed roadway :rocs sections for the Parker Ranch/Schuler Homes Community area, including grassed swales it lieu of curt s, gutters and sidewalks area allowed, provided that the following conditions are complied with: 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 be 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. If access concerns are raised in relation to the Americans with Disab lilies Act (ADA) or other County, State of Federal regulation that requite the provision of sidewalks or other acerss improvements that Parker Ranch, it successors or iLs 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. That Parker Ranch, its :successors or assigns shall include in its covenants for the residential zoned lands where grassed swales are proposed, notiftcaticn 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 Fsidewalks or other improvements etre 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 secunty, shall be in place prior to dedication of the road improvements to the County. At the same time, Parker Ranch should be aware that final authority for acceptance of dedication of the 0,ct 21 03 11:26a r naka & Associates Ltd. (dt^JO oo-ao,:� CAUL �HERIFF' tNCORPORATED M.T. Donnie Hambek Schuler Homes, Inc. 828 Fon Street Mall, 4th Floor Honolulu, Hawaii 96813 May 15, 2003 Re: Luala'i — Detectable Warnings Dear Mr. Hambek: We have brushed 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 separntion delineating the vehicular right of way frorn the pedestrian path of travel? These are our conclusions: 1. Neither AC curbing nor sidewalks are required by ADAAG. The ADAAG is intended fo buildings and facilities (public accommodations). 2. The requirement for detectable warnings has been suspended twice for furtlur 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 Righ(S-uf•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 iiishoi Street, Suite 888, Honolulu, Hawaii 96813 Phaac: (809) 792 -PAUL (72115) • Fut: (808) 792 -STAN (7826) • Ccllulac (808) 371-.!250 www, paulshertff, corn Oct 21 03 11:27a A�inaka L Associates Ltd. (8081Hab-bbbc r.., Mr. Donnie Hambck May 15, 2003 Page 2 7. If sidewalks arc not required, then raised curbing or curb tamps arc not required, per ADAAG. - 8. 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 curbin g 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 we have requested technical assistance from the following: • United States Architectural Transportation Danvers Compliance Board • The Department of Justice, Civil Rights Division for Americans with Disabilities Act. • Architects and specialists in areas of the Four Housing Amendments Act and members or the PROWAAC committee, • Local architects regarding the Uniform Building Code and any requirements fot 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 project: 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 Counry Code - Revised and Republished 1995, Chapter 23 -3 ubdivisions WILLIAM L. MOO" PLANMN,. , 159 HALAI STREET L nn HILO, HAWAII 96720 2 �� (808) 935-031I/Fax (808) 934-0162 C'- WLM_Planning@verizon.net 1 .- i;% 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(1)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, I�, Aa*I �- &Ap William L. Moore attachments cc: Michael Jones, Schuler Homes David Houle, Parker Ranch Octi 21 03 11:210 i naKa 7.35/05 F -SSI tqy-I4-D3 04:Zti� Frot-DISABILITT AND COW11CATION A=55 5RD0 1035458.1 two W DISABILITY AND coAmMCA110N ACCESS BOARD R. - NOAIX Moaaa 809lrv" RQ%=101-Nwwlulk4Rxw" 96At 4 4 >�. {$OB) SS�i-r 12 l (VRUD) • Fix (BUIL 584-8124 May 13, 2003 ME�M4Rq:L�P�M TO: Paul Sheriff Paul Sheriff, incorpomted+ FKolvi: F�a>aci" W 0;- BX=Utive Director SUB1: DmctaWe'Wunings in Roadways In response to your. >1 Iry to oui office regarding the APPljeadon of demcta ale %a ings for separation of the roads -Ay from ad•jacem shoulders or walkways, current ADA AG rcgaires thz following: 4.295 Betectable Warnings at HaUrdous Vehicular Areas. If a walk crosses or adjoitu a -rchiculm way, and the wafting smfaccs arc not separated by ctufis, rglings, or other elements between the pedestrian fuzes and velIcular. areas, the bounduy between the ar=s shall be defused by a continuous. detectable warn ng whkh is 3 6" wide complying with 4.29.2. The cuacat ADAAG requirement 'For detectable wmings isin e& asBiwa nathe yep a si n WAS design lifted in July 200 i, Our Board has :,rendered several intc�rOeu+ op and application of the warnings on curb ramps. ,2003 d APAI In discuwsiCas with the U.S. Depuftamt of Justice find J.S. Access Hood (Ad of de;iectal)Lo �un'mgs 10.2003 trspecdv* , cru staff fetcher no confirraadoa that ftq'Al at ion is regoktd for 9e1�at tion of the road.Way fi= 04== shoulders tx w&OMy3. thus, we have not placed dW iA wr revie�r process Hawaii Revised Stances 103-Q. However, If you would like to have a formal interpretive opinion on Section 4.2!-.5 as ' it retntes to from adjacent pedesInun pis of travel or : houlkn without the separation of v seq aon,you rY esk for a famW interpretive opinion from our Board. physicd or vesticnl seQaaa please contact Ban Gorospe, Aaxss Coordinator, at 586-8121 if you would U? -C to ptusue tit's masa. Oct 21 03 11:263 Harry Kim Mayor June 13, 2003 naka & Associates Ltd oil ffI� - - II.Y� CZnixnfv >rf'afaaii DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 P2Vahi Sneel, Suite 7 • Hilo, Hawaii 96720-4224 (808) 961-8321 • Fax (808) 961-8630 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 Nannie: Luala'i at Parker Ranch, Phase 1 TMK: 6-9-02: portions 57, 58, 60, & 61 DPW Folder No.: 6144-D4 Bruce C. McClure Director' Ronald K. Tnkahashl Deputy O(; ecror RECEIVED JUN 1 F. 2003 ,kKINAKA & ASSKIATFS, LTD. 111 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 C ounty Code Section 22-1.2, a sidewalk (pedestrian facility) must be defined by a vehicular separation device such as a concrete, A. C., or. olled curb that is intended for pedestrian or lion-vehicul.ir 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 concerns, please contact -Mr. Kelly Gomes or Mr. Cres Ram bayon of our Engineering Division at 961.8327. BRUCE C. MCCLURE, P. E. Director GK/KG c ENG 11,(0�� N#C) `ote 7671 1Jd1e (0 ZI pJ pages gFrom %'1 lA✓'a `a"11 Phone x f�JyJ c, _ I'�Iri'l7 _ O1fi2 Fair F.1