HomeMy WebLinkAboutCOM 0652.008 2008-2010Murashige, Laura COMM. G.52. Ca
*FEB 2 fR(l 9 3
To: counciltestimony @ co.hawaii.hi.us . GLER,-;
From: David Panoff [panoff @prodigy.net]
Sent: Tuesday, February 02, 2010 9:29 AM
Page 1 of 2
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Subject: Testimony - Bill 184 - Opposed
Attachments: Testimony Opposing Bill 184 - Part 2.doc; Boschetti001 pdf; Boschetti PDF
Testimony re: Bill 184 from David Panoff — President Pacific Heights Homeowners
Association:
Aloha County Council — In the two weeks that have passed since this zoning change was first proposed.
nothing has changed our opinion that it is ill- advised. There was a question concerning how we
obtained our information, so I've included in the attachments some excerpts from materials we received
directly from the developer's attorney. These documents, if studied carefully, support our objections
rather than dispel them.
1. Pedestrian Safety — The Kukuau Street egress, which will be in use with the opening of the first of
the two increments, is unsafe for pedestrians. It is a 19 foot right of way with a pavement width
of 15 to 17 feet (noted in the traffic survey excerpt attached.) That leaves only 24 inches for safe
pedestrian travel, including children walking to school, aligned with a roadway that accumulates
significant amounts of water, occasionally floods, and upon which cars are often forced to
swerve. Cars now must slow down appreciably if pedestrians are on both sides of the roadway.
2. Traffic — the survey (portions reproduced in the attached) states clearly that it assumes there will
be no other development in the area for the next 5 years! It also assumes only a 2% (two
percent) increase in traffic over the next 20 years!!!! Surely you know that another
development for 47 homes has just been approved by the planning commission for the adjacent
property. Plus the upcoming housing of emergency service vehicles on Kapiolani Street is
imminent. The traffic survey is flawed and should not be taken at face value. It also does not
include the impact at the intersection of Kukuau and Komohana. Because the Kukuau Street will
be utilized primarily at first, the additional traffic at Komohana will be significant.
3. Size — why is the zoning for 145 units being requested if the developer has only "conceptual
plans" for 100. He admits parking space is inadequate for 100 and will ultimately limit the size of
the development. Why does the council leave it to another agency (Public Works) to limit the size
of the development per regulation; why not use common sense now and see that that land area is
inadequate for the proposed zoning change.
4. Children — there is still no place for children to play on the property. They will be playing either
on Kukuau Street, in traffic, or on adjoining private property.
The financial contribution the developer will be making to the County coffers for this development,
(which historically has been difficult to collect, and not due until project completion.) will not cover the
costs of traffic signals, road improvements, and possible litigation when injuries occur and the County is
Comm. No
Ref. To:
2/2/2010 Ref. Date
EB t 010
found culpable.
Page 2 of 2
To make this development acceptable, the following changes should be adopted:
1. Lower density - RM 3 to 4
2. Developer should fund 2 traffic signals: Kukuau and Kapiolani and Kukuau and Komohana
3. Sidewalk improvements on KUKUAU (Kapiolani already has sidewalks) and a barrier to separate
it from the vehicular traffic.
4. In internal walkway on the property that will permit pedestrians to avoid the use of Kukuau for
makai foot traffic.
5. A playground on the property for children. In similar size developments, precedent exists for
requiring the builder to provide such facilities.
With these modifications, we can support this development. Please don't consider this project without
thinking of the upcoming one on the adjacent property. We are a residential neighborhood and can't
support a massive set of apartment building projects in our midst without significantly impacting our
quality of life. Plus, the plans don't take into consideration safety, particularly for children.
Please refer to the attached documents as they contain information from the developer that supports our
opposition.
2/2/2010
Testimony re: Bill 184 from David Panoff — President Pacific Heights
Homeowners Association:
Aloha County Council — In the two weeks that have passed since this zoning change was
first proposed, nothing has changed our opinion that it is ill- advised. There was a
question concerning how we obtained our information, so I've included in the
attachments some excerpts from materials we received directly from the developer's
attorney. These documents, if studied carefully, support our objections rather than dispel
them.
1. Pedestrian Safety — The Kukuau Street egress, which will be in use with the
opening of the first of the two increments, is unsafe for pedestrians. It is a 19 foot
right of way with a pavement width of 15 to 17 feet (noted in the traffic survey
excerpt attached.) That leaves only 24 inches for safe pedestrian travel, including
children walking to school, aligned with a roadway that accumulates significant
amounts of water, occasionally floods, and upon which cars are often forced to
swerve. Cars now must slow down appreciably if pedestrians are on both sides of
the roadway.
2. Traffic — the survey (portions reproduced in the attached) states clearly that it
assumes there will be no other development in the area for the next 5 years! It
also assumes only a 2% (two percent) increase in traffic over the next 20
years!!!! Surely you know that another development for 47 homes has just been
approved by the planning commission for the adjacent property. Plus the
upcoming housing of emergency service vehicles on Kapiolani Street is
imminent. The traffic survey is flawed and should not be taken at face value. It
also does not include the impact at the intersection of Kukuau and Komohana.
Because the Kukuau Street will be utilized primarily at first, the additional traffic
at Komohana will be significant.
3. Size — why is the zoning for 145 units being requested if the developer has only
"conceptual plans' for 100. He admits parking space is inadequate for 100 and
will ultimately limit the size of the development. Why does the council leave it to
another agency (Public Works) to limit the size of the development per regulation;
why not use common sense now and see that that land area is inadequate for the
proposed zoning change.
4. Children — there is still no place for children to play on the property. They will be
playing either on Kukuau Street, in traffic, or on adjoining private property.
The financial contribution the developer will be making to the County coffers for this
development, (which historically has been difficult to collect, and not due until project
completion,) will not cover the costs of traffic signals, road improvements, and possible
litigation when injuries occur and the County is found culpable.
To make this development acceptable, the following changes should be adopted:
1. Lower density - RM 3 to 4
2
Developer should fund 2 traffic signals: Kukuau and Kapiolani and Kukuau and
Komohana
3. Sidewalk improvements on KUKUAU (Kapiolani already has sidewalks) and a
barrier to separate it from the vehicular traffic.
4. In internal walkway on the property that will permit pedestrians to avoid the use
of Kukuau for makai foot traffic.
5. A playground on the property for children. In similar size developments,
precedent exists for requiring the builder to provide such facilities.
With these modifications, we can support this development. Please don't consider this
project without thinking of the upcoming one on the adjacent property. We are a
residential neighborhood and can't support a massive set of apartment building projects
in our midst without significantly impacting our quality of life. Plus, the plans don't take
into consideration safety, particularly for children.
Below are some excerpts from the developer's materials — please note the flawed
assumptions in the traffic survey:
I. Study Area
The Project is surrounded by a mix of single - family (RS -7.5 and RS -10) and
multiple - family residential (RM -I) uses, which includes Hualalai and Mohuli
ubdivis ons, and general commercial (CG-7,5) uses, which ' d Center. ' ere are cuen y no o er developments being proposed for this, Mg
rr area.
Since tra "ic rom t is . eve op - - - cou . ave • mpac on a a
Kapiolani Street, Kukuau Street and Ponahawai Street are considered in this report.
Page 1 of 12
Pursuant to Section 25 -2-46 (Concurrency Requirements), Hawaii County Code, a
traffic impact analysis report (TIAR) is required for submittal with a Change of Zone
action that can generate 50 or more per hour trips. The TIAR shall include
projections for future traffic growth in traffic, for a minimum of five- ten- and
twenty- years, and include other approved or proposed development that is expected
to impact the Project area, with reasonable build -out assumptions. Based on the
current recession and economic conditions, we can only assume that future
development within the area of the Project over the next five years will be limited,
and thus the Project will have a minimal impact on the traffic conditions in the
general area.
TMKs
Current Zoning
Current Density
Proposed Zoning
Maximum Density
2- 4- 025
RS -7 5
22 lots
RM -l.5
110 units
165,693 sq ft
2-4- 025.080
RS -7 5
3 lots
RM -I 5
18 units
28,084 sq. ft
2- 4- 025:053
RS -7.5 / RM -1
I lot / 17 units
RM -1.5
l7 units
26,197 sq. ft.
TOTAL
26 lots / 17 1111115
145 units
I. Physical Characteristics
Kapiolani Street is a two -lane County roadway running north and south, having a
pavement width of 28 feet within a 40 -foot right -of -way, improved with curb, gutter
1 and sidewalk. . -, treet is a Coun road w, I ,- i• - west and east, having a
pavement wt I t • 15 to 17 feet within a 19 -foot right -of -way, improved with asphalt
sidewalk berm. a speed limit for these streets is 25 mph. The intersection of
Kapiolani Street and Ponahawai Street is a signalized intersection located one - quarter
7 Page 2 of 12
*********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
The proposed rezoning will allow for the development of a maximum density of 145
multiple - family units. The Project proposes 100 multiple- family units which is approximately
31% less than would be allowed under the proposed RM -1.5 zoning designation for Parcels 48,
53, and 80.
I \ P'IYIE.T VMnY4ISIPT
Dear Mr. Panoff:
TMKs: (3) 2 -4 -025: 50, 52 and 93
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 WAIANUENUE AVENUE
HILO, HI 96721 -0686
TELEPHONE 808.935.6644 FAx 808.935.7975
WW W.CARLSMITH COM
E -MAIL SLIM ®CARLSMITH COM
January 14, 2010
David Panoff
President, Pacific Heights Homeowners' Association
c/o 519 Kukuau Street, Apt. A -102
Hilo, Hawaii 96720
Re: Change of Zone Application (REZ 09- 000103)
Applicant: Giampaolo "Paul" Boschetti
Request: RS -7.5 and RM -1 to RM -1.5
Tax Map Key Nos.: (3) 2 -4- 25:48, 53 and 80
This firm represents Applicant Giampaolo "Paul" Boschetti in the above - referenced
Change of Zone Application. This letter is in response to your January 6, 2010 e -mail comments
regarding the proposed Project to the Hawaii County Council, and your January 9, 2010 meeting
with Greg Gadd, Mr. Boschetti's local representative.
Project Concept: We understand that Mr. Gadd provided you with a copy of the
conceptual Project Site Plan, The development of the Project is conceptual and the final number
and configuration of the residential units built will be dependent upon market conditions.
Flooding: A portion of the Property is located within a known inundation area (major
depression ponding), and designated Zone "X" (unmapped). To address the drainage issues in
this area, the County of Hawaii, Department of Public Works recently acquired several privately
owned parcels or portions of parcels for easements associated with the existing unlined drainage
way and detention basins to mitigate the runoff from the Mohouli Subdivision) In particular,
within the Project, the County created drainage easements within Parcel 80 (Easement 254, as
shown on Map 106, Land Court Application 1205) and Parcel 48 (Easement 253, as shown on
Map 105, Land Court Application 1205), and the Grant of Easements in favor of the County of
Hawaii was filed in Office of the Assistant Registrar of the Land Court of the State of Hawaii on
January 5, 2010 as Land Court Document No. 3929195. Within the drainage easements, the
Applicant proposes an open space grassed drainage area.
Access to Project: A Traffic Impact Analysis Report ( "TIAR ") was prepared by Witcher
Engineering, dated July, 2009. The TIAR analyzed the development of the Project and its
impact on traffic along Kapiolani Street and Kukuau Street, as well as the impact upon the
unsignalized intersection of Kapiolani Street and Kukuau Street, and the signalized intersection
HONOLULU KAPOLH HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C.
TMKs
Current Zoning
Current Density
Proposed Zoning
Maximum Density
2- 4- 025:048
RS -7.5
22 lots
RM-I.5
110 units
165,693 sq. ft.
2- 4- 025:080
RS -7.5
3 lots
RM -1.5
18 units
28,084 sq. ft.
2- 4- 025:053
RS -7.5 / RM -1
I lot/ 17 units
RM -I 5
17 units
26,197 sq ft.
TOTAL
26 lots / 17 units
145 units
David Panoff
anuaty 14, 2010
Page 2
of Kapiolani Street and Ponahawai Street. The TIAR concluded that the proposed driveways at
Kapiolani Street and Kukuau Street are at acceptable levels of service of "A" or "B" for all traffic
movements during the AM Peak and PM Peak for a 20 -year forecast. Further, the TIAR
concluded that the traffic level of service of "D" and "E" for certain traffic movements at the
Kapiolani Street - Kukuau Street non - signalized intersection, and the Kapiolani Street- Ponahawai
Street signalized intersection respectively, under the 20 -year forecast is caused not by the
Project, but by the projected increase in background traffic in the area. In addition, for public
safety reasons, the Applicant has agreed to limit access from the Project to Kapiolani Street as a
"right -in, right- out ". Per your request, attached please find a copy of the TIAR.
Current Zoning: The existing County zoning designations for the Property are Single
Family Residential, minimum 7,500 square feet and Multiple - Family Residential, minimum
1,000 square feet (RIv1 -1) as follows:
The proposed rezoning will allow for the development of a maximum density of 145
multiple - family units. The Project proposes 100 multiple- family units which is approximately
31% less than would be allowed under the proposed RM -1.5 zoning designation for Parcels 48,
53, and 80.
Please feel free to contact me should you have any additional questions. Thank you for
your consideration.
SSL:KYL
xc w /out enclosure: Client
Greg Gadd
Council Chair Yoshimoto
Council Member Hoffmann
Council Member Onishi
Council Member Enriques
Council Member Ford
Council Member Greenwell
Council Member Yagong
Council Member Naeole
Very truly yours,
I
TRAFFIC IMPACT ANALYSIS
PROPOSED 100 UNIT APARTMENT COMPLEX
NEAR INTERSECTION OF
KAPIOLANI STREET & KUKUAU STREET
HILO, HAWAII
TMK (3)2- 4- 025:048, 053 & 080
1. INTRODUCTION AND SUMMARY
1. Purpose and Study Objectives
The purpose of this report is to provide data showing how the development of a 100 -
unit apartment project (Project)on the westerly side of Kapiolani Street and southerly
of Kukuau Street will affect traffic along Kapiolani Street and Kukuau Street at the
development. In addition, This report will analyze the impact upon the non -
signalized intersection of Kapiolani Street and Kukuau Street and the signalized
intersection of Kapiolani Street and Ponahawai Street.
H. PROPOSED DEVELOPMENT
1. Site Location
The Project is located in Kukuau 1st, Hilo, Hawaii southerly of Kukuau Street near
the intersection of Kapiolani Street and Kukuau Street, and adjacent to and west from
the Hawaii County Police Department Main Headquarters. The tax map keys
involved are TMK (3)2-4-025:048, (3)2-4-025:053 and (3)2 -4- 025:080.
Current planning is for a 100 -unit apartment complex with accessory swimming pool
and pool house, onsite parking areas and landscaping.
III. STUDY AREA CONDITIONS
1. Study Area
The Project is surrounded by a mix of single - family (RS -7.5 and RS -10) and
multiple - family residential (RM -1) uses, which includes Hualalai and Mohuli
ubdivis'ons, and general commercial (CG -7.5) uses, which'. . Hilo Sho..ing
ere are curren y no o er developments being proposed for this area.
Center
Since tra is rom t is • eve op co . ave . mpac on e a
Kapiolani Street, Kukuau Street and Ponahawai Street are considered in this report.
Page I of 12
2. Site Accessibility
At this time, there are two access points to the Project site: (1) Kapiolani Street, a
two -lane County roadway having a pavement width of 28 feet within a 40 -foot right -
of -way onto Parcel 53, and (2) Kukuau Street, a two -lane County roadway having a
pavement width of 15 to 17 feet within a 19 -foot right -of -way onto Parcel 80.
3. Land Use
The Project site is currently vacant land and is situated in the State Land Use Urban
district. Parcels 48 and 80 are zoned Single - Family Residential (RS -7.5), and Parcel
53 is zoned Single - Family Residential (RS -7.5) and Multiple - Family Residential
(RM- I.5).
4. Compliance with Concurrency Requirements
Pursuant to Section 25 -2-46 ( Concurrency Requirements), Hawaii County Code, a
traffic impact analysis report (TIAR) is required for submittal with a Change of Zone
action that can generate 50 or more per hour trips. The TIAR shall include
projections for future traffic growth in traffic, for a minimum of five- ten- and
twenty - years, and include other approved or proposed development that is expected
to impact the Project area, with reasonable build -out assumptions. Based on the
current recession and economic conditions, we can only assume that future
development within the area of the Project over the next five years will be limited,
and thus the Project will have a minimal impact on the traffic conditions in the
general area.
Economic trends in the past have indicated 10 ± years of growth followed by 10 ±
years of economic downturn. The present state of the economy indicates that this
downturn could be longer and more intense than those of the past with some slow
growth towards the end. Thus, we project a limited number of developments to occur
within the surrounding areas. A 2% growth factor will be used for this report.
IV. ANALYSIS OF EXISTING CONDITIONS
1. Physical Characteristics
Kapiolani Street is a two -lane County roadway running north and south, having a
pavement width of 28 feet within a 40 -foot right -of -way, improved with curb, gutter
and sidewalk. . • , treet is a Coun roadw. r A_ i • . west and east, having a
pavement wid I aif 15 to 17 feet within a 19 -foot ri ht -of -way, improved with asphalt
sidewalk berm. er I'he speed limit for these streets is 25 mp . The intersection of
Kapiolani Street and Ponahawai Street is a signalized intersection located one - quarter
7 Page 2 of 12
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