HomeMy WebLinkAboutTMK 7-5-004-007 - KVDC Design - Niumalu Marketplace - Security FencePLANNING DEPARTMENT
County of Hawaii
74-5044 Ane Keohokalole Hwy
Kailua-Kona, HI 96740
RECEIVED DSC 42 3' 2020
APPLICATION FOR DESIGN REVIEW
KAILUA VILLAGE DESIGN COMMISSION
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: Carlsmith Ball
APPLICANT'S SIGNATUR
ADDRESS: 121 Waianuenue Ave. Hilo, HI 96720
TELEPHONE NUMBER:
DATE : L ( i 3 Zv
APPLICANT'S INTEREST, if not recorded owner: Owner Representative
RECORDED OWNER. Kona Owner LLC
OWNER'S SIGNATURE: See attached Fee Owner's Authorization DATE:
ADDRESS: 18301 Von Karman Ave., Ste 510 Irvine, CA 92612
TELEPHONE NUMBER: 808-935-6644
PROPOSED USE: Perimeter security fencing for Niumalu Marketplace
TAX MAP KEY: (3) 7-5-004:007
LAND AREA: 19.547 ac.
STREET ADDRESS OF PROPERTY: Corner of Queen Ka'ahumanu Highway and Henry Street
STATE LAND USE DISTRICT: Urban
COUNTY ZONING: CG -20
This application must be accompanied by one set of presentation size (recommended 24" x 36") and eleven sets
of reduced size (recommended either 11" x 17" or 8-1/2" x 11 ") of the site plan drawings (same information as
required for Plan Approval application; see attached). For presentation to the Kailua Village Design Commission,
the applicants should make certain that the following are also clearly depicted in the submitted drawings:
(1) Site plan showing TMK parcel boundaries, and showing existing and proposed building locations;
(2) Building elevations showing the architectural design of the building exteriors, depicting or describing
proposed exterior colors and materials. Notation of ground elevation with contour lines or selected spot
elevations is recommended. Earth tone colors are recommended. Color samples should be provided. If
reasonable and appropriate, samples of exterior building materials may be provided; and
(3) Location, design, and colors of proposed sign(s), if any.
All submitted drawings and samples of colors/materials will not be returned.
\\cohMplanning\public\Forms & References\E-Forms\2010 Updated Forms\KVDC Design Review App.doc
I DEC Rev. 12/14/11
By:
E .
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
December 23, 2020
VIA HAND DELIVERY
Zendo Kern
Planning Director
County of Hawaii Planning Department
74-5044 Ane Keohokalole Highway, Bldg. E
Kailua-Kona, 96740
Attn: Rosalind Newlon
RE: Application for Design Review - Perimeter Safety Fencing
Project: Niumalu Marketplace
Owner: Kona Owner LLC
TMK: (3) 7-5-004:007
Dear Mr. Kern:
Our firm represents Kona Owner, LLC ("Kona Owner"), the developer of the Niumalu
Market Place in Kailua-Kona (the "Project"). This will just follow up on prior discussions
initiated with the former Planning Director and Kona Planning staff on the need for installation
of perimeter safety fencing at the Project to mitigate potential fall risk hazards.
Just for your background, in early 2018, Linda Schatz of the Schatz Collaborative LLC
(acting on behalf of Kona Owner) applied for and obtained design review approval from the
Kailua Village Design Committee ("KVDC") for Phase 1 of the Niumalu Market Place project,
covering Buildings 1 through 6, Buildings 10, 14, and 15, including the former Pavilion, and
trellis work needed for Buildings 2 through 5. Our client obtained subsequent Final Plan
Approvals from the Planning Department for Phase 1 of the Project, which allowed the
processing and approval of the necessary permits to commence with construction of the Project.
Schatz Collaborative, LLC and our firm have appeared before the KVDC on behalf of Kona
Owner on number of issues over the past few years, including the plans to eliminate the Pavilion
for replacement with a more appropriate "gathering place" for the Project, the design of the
Safeway Fuel Center and Convenience Store, and a Master Sign Variance for the Project, among
other things.
In the time since our last public hearing before the KVDC in 2019, we are happy to report
that the Phase 1 development recommended for approval by the KVDC is nearing completion,
HONOLULU HILO KONA MAUI
4825-6520-1619.1.069084-00001
December 23, 2020
Page 2
and the Project's first tenant, namely the anchor tenant Safeway, opened its new 63,000 sq.ft.
grocery store to the public on December 16, 2020. Kona Owner anticipates officially
announcing future tenants for the other completed buildings within Phase 1 in early 2021.
As you may already be aware, the development of the Project presented some significant
site challenges due to the severely sloping nature of the property upon which the Project was
constructed. Our client was required to undertake a tremendous amount of earthwork to stabilize
the Project site to create the level pads for the Project's buildings. As a result, along the Project's
property boundary with Queen Ka'ahumanu Highway ("QKH"), there are significant grade
separations varying between 24 to 28 feet behind Buildings 2, 3, 4, and 6, with additional severe
sloping along the mauka portion of the boundary of Henry Street, adjacent to the southern border
of Building 6, tapering from 28 feet down to existing grade at the mauka entrance to the Project.
Kona Owner installed a varying 1.5 to 2 -foot tall concrete rock masonry (CRM) wall just inside
of the Property boundary as a part of the retaining wall and hill stabilization needed to address
the slope issues in these areas. Kona Owner also installed the approved landscaping mauka of
this wall to help buffer view of the Project from the adjoining thoroughfares. However, the
landscaping and varying 1.5 to 2 -foot tall CRM walls along these corridors do not provide the
sufficient fall risk hazard protection for the Project's landscapers and maintenance crew working
in these areas, nor will it discourage those in the public desiring to either use the wall for rest, or
to scale the wall and descend these severely sloped areas into the Project, rather than using the
established points of entry into the Project. We have enclosed photos of the slope behind these
buildings for consideration.
In an attempt to minimize the fall risks associated with the severe grade changes in the
areas discussed above, our client is proposing to install an approximately 4 -foot tall safety fence
directly on top of the varying 1.5 to 2 -foot tall CRM wall or behind the planted landscaping. We
have enclosed Sheet L-10013 showing the location of the proposed safety fencing, the length of
fencing required, type, and color, in addition to enlarged typical sections showing the actual
detail of the desired safety fencing. In summary, our client is proposing installing the following:
1. Approximately 207 lineal feet of chain link fence with black vinyl coating on top of the
CRM wall fronting QKH in the area identified as "(1)" on Sheet L-10013. Please also
refer to (3/L100) "Typical Black Vinyl Chain Link Fence Section" for the typical details
of construction;
2. Approximately 663'-5" lineal feet of aluminum picket fence with black powder coating
on top of the CRM wall fronting QKH in the area identified as "(2)"on Sheet L -100B.
Please also refer to (2/L 100) "Typical Black Powder Coated Fence Section" for the
typical details of construction;
Approximately 233'-6" lineal feet of aluminum picket fence with black powder coating
on top of the CRM wall fronting the mauka portion of Henry Street in the area identified
as "(3)" on Sheet L-10013. Please also refer to (2/L100) "Typical Black Powder Coated
Fence Section" for the typical details of construction;
4825-6520-1619.1.069084-00001
December 23, 2020
Page 3
We have also attached 2 renderings showing the view of the proposed safety fencing
along QKH (See attached "Rendering One"), in addition to the view of the proposed safety
fencing along the mauka Henry Street corridor (See attached "Rendering Two"), as we felt it
important to show the Planning Department and the KVDC the look of the safety fencing in
these areas, as they are adjacent to heavily traveled thoroughfares. As you will see from the
renderings, the landscaping at full grow out will provide sufficient buffering of the safety
fencing, and for the most part, will blend into the background. In those areas where there is
some minimal exposure of the safety fencing, we understand that due to the spacing of the
pickets, there is adequate visibility that will minimize the impacts to the makai view planes.
Although the slope is less severe along the makai portion of the Project, there are still fall
risk hazards present due to the sloping nature of the property. Similar to the QKH and Henry
Street situation along the mauka boundary of the Property, our client constructed another varying
1 to 2 -foot tall CRM wall to form the boundary of the parking lot below Building 10 and
Building Pad 13, although the CRM wall is set back at its closest point to the Henry Street right-
of-way at approximately 82 feet. The grade separation makai of this CRM wall is approximately
6 to 14 feet, and our client would like to install a 4 -foot tall safety fence on the top of this wall to
mitigate the fall risk hazard potential. The proposed safety fencing will also be similarly
buffered by landscaping. Specifically, our client is proposing to installing the following:
1. Approximately 83 lineal feet of aluminum picket fence on top of the CRM wall fronting
the mauka portion of Henry Street in the area identified as "(22)" on Sheet L -100B.
Please also refer to (2/L100) "Typical Black Powder Coated Fence Section" for the
typical details of construction.
2. Approximately 58 lineal feet of aluminum pick aluminum picket fence on top of the
CRM wall in the area identified as "(23)" on Sheet L -100B. Please also refer to (2/L100)
"Typical Black Powder Coated Fence Section" for the typical details of construction.
Thank you for your attention to this matter. We respectfully request that the Planning
Department schedule our Application for Design Review before the KVDC during its next
meeting on January 14, 2021. We have also enclosed a completed Application for Design
Review and the associated Fee Owner's Authorization that allows us to execute and process the
enclosed request with the Planning Department and the KDVC. Please do not hesitate to contact
my paralegal Jason Knable at 808-935-6644, should you have any questions or concerns, or if
you require additional information. Thank again.
Sincerely,
"ven S.C. Lim
cc: Kona Owner, LLC
4825-6520-1619.1.069084-00001
FEE OWNER'S LETTER OF AUTHORIZATION
Tax Map Key No.: (3) 7-5-004:007 (the "Property")
District of North Kona, Island, County and State of Hawaii
The undersigned hereby authorizes Carlsmith Ball, LLP and t or Schatz Collaborative to
apply for, execute and process any Kailua Village Design Commission submittal, Plan Approval
Applications, Final Plan Approval revisions, Building Permit Applications, including any and all
other permits with the County of Hawaii needed to support the development of the Niumalu
Marketplace located at the Property, and to participate in any proceedings associated with these
submittal siappIications.
A photostatic or facsimile copy of this executed authorization shall also be considered as
effective and valid as the original.
and sworn (or armed)
day of
Name:
Notary Public,
My commission
KONA OWNER, LLC,
, 2020
,3,C a.-+CccV1Cj cc -C4 w ,
Document Identification or Description: EE OWNER'S LETTER OF AUTHORIZATION
Document Date:
No. of Pages: One (1) including thisage
Jurisdiction (in which notarial act is performed):
Signature of Notary Date of Notarization and
Certification Statement
Printed Name of N
4835.6739-10261.069084-00001
M
CALIFORNIA JURAT GOVERNMENT CODE § 8202
A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed
the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document
State of California
County of
Place Notary Seal andlor Stamp Above
Subscribed and sworn to (or affirmed) before me on
this 0?9,h day of Al l2020—by
Date Month Year
(and (2)
Narne(s) of Signers)
proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
yr I ILi9A1.
Completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document:
Document Date: hi 1A Number of Pages:
Signer(s) Other Than Named Above:
02018 National Notary Association
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