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HomeMy WebLinkAboutCOM 0766.051 2004-2006 November 2, 2006 Letter to Hawaii County Council SUBJECT: Malulani Gardens road and gate issues Page 1 oft c7 SCD Kona 108 LLC 700 Bishop Street, Suite 1000 f , Honolulu, Hawaii 96813 -v _ r. w November 2, 2006 County Council Chairman Stacy Higa County Council Members 25 Aupuni Street, Suite 209 Hilo, Hawaii 96720 SUBJECT: Clarification of Malulani Gardens "Mid-level Road" and "Gated Entry" situations Dear Chairman Higa and Councilmembers, We have reviewed the files concerning PUD94-01, the Malulani Gardens subdivision, and have talked to Michael Riehm, the original project planner, and Brian Cook, the original project developer, concerning some questions that arose at the recent Council hearing concerning the Malulani Gardens project. First, concerning the mid-level road, the PUD which was approved in September 1994 required both the mid-level road and the entry road to be designed to County dedicable standards and to be connected to the adjoining properties. This requirement existed prior to any homes being built or sold. The County can request at any time that the roadways be dedicated, but we assume the County has not made such a request at this time. The roadway lots are of sufficient size to meet dedicable standards, according to the County Department of Public Works, and will need to meet County requirements as to standards. Note that the entry road is in the process of being dedicated to the County, as required by a separate agreement between the developer of Malulani Gardens and Hawaiian Development Corporation, which sold the land to the developer in 1992. Therefore, the obligation of the Malulani Gardens project to co-operate with and be a part of the area's transportation plan existed before any homes were built or sold. As to the gate(s) of Malulani Gardens, Michael Riehm confirmed to us that the project was not designed to be a gated community. The gate is not a part of the PUD Application, nor is it part of the PUD Approval. The gate is not shown on any of the PUD documents in the County file, and is not I specifically approved by the County in the PUD Approval document. I&A Comm. No. Ref. To: Presm"d Ref. Date November 2, 2006 Letter to Hawaii County Council SUBJECT: Malulani Gardens road and gate issues Page 2 of 2 In talking to Brian Cook, it emerged that the gate was put in after the infrastructure of Phase I-A was in place, and before the first homes were sold. The gate was initially put in place as a security item in response to vandalism and late-night partying in the project by persons unknown. Once the gate was up, it became a desired part of the project and stayed up. So, the gate was not in the plan for the project, did not receive approval from the County as apart of the PUD process, and the mid-level road issue concerning the needs for new gates (which various residents are concerned about) was never addressed or planned for as the gate was an afterthought. We hope these facts help your understanding of the situation. Please contact Stanford or me with any comments or questions you may have. Sincerely, Richard A. Wheelock, Managing Member RAW: raw Enclosures CC: Stanford Carr Marissa Furfaro Chris Yuen Brian Cook Michael Riehm