Hawai'i Kai development change draws complaints

By Suzanne Roig
Advertiser East Honolulu Writer

HAWAI'I KAI — New townhomes built 10 feet from the sidewalk in the heart of this suburb have taken some residents by surprise. It also raised questions about how developers can change the design of projects without any community input.

Some Hawai'i Kai residents are upset that a design change in the new housing project Nanea Kai resulted in townhomes being built 10 feet from the sidewalk. However, developer Schuler Homes Hawaii says the project is within city ordinances. Deborah Booker • The Honolulu Advertiser

But with little room left to develop, most of the newest homes are being built on smaller lots, with shared driveways, miniscule lawns and structures built right to the limits of legal setbacks.

As Nanea Kai began taking shape six months ago, the development, next to the post office on Hawai'i Kai Drive, became the subject of discussion at numerous neighborhood board meetings. Residents and officials are complaining that the townhomes are too close together, too close to the street and taller than nearby townhomes.

"We heard something else, approved it and then got something entirely different," said Charlie Rodgers, Hawai'i Kai Neighborhood Board chairman.

City officials say if developers decide to change the design of a project — moving units closer to the street, for example — there is no review required, as long as the proper zoning and rules about setbacks, heights and density are followed.

Nanea Kai started as more than 100 senior housing units under one developer — which did make a presentation to the neighborhood board in 1999 — then was taken over by Schuler Homes Hawaii. Schuler Homes said it changed the project to account for economics and high buyer demand.

The result is 87 townhomes selling for more than $300,000. All are nearly complete and the project is sold out.

Among the changes are three-story buildings 10 feet from the sidewalk. That's legal, but looks far different from other parts of the community, where most houses were built far back from the street and condominium complexes were usually shrouded by landscaping.

Schuler Homes executives say they always try to match a new project with the surrounding community but that in any development changes that increase density and reduce the setback may be necessary to make it profitable. The company also noted that Nanea Kai is within city ordinances and is even lower in height than is allowed.

Mike Jones, Schuler Homes Hawai'i president, cited buyer demand at Nanea Kai as an indication that people are satisfied with the design of the project. And he asked that neighbors reserve judgment until its projects are completed.

"No matter what you do, you'll never please 100 percent of the people," Jones said. "But it's not right to judge the project until we're all done."

But Schuler Homes also acknowledges that it should have been in closer contact with the community so no one was surprised by the changes.

"I guess we messed up by not following up with the community," Harvey Goth, Schuler Homes senior vice president, said at a recent neighborhood board meeting.

When a project is proposed, the developer must first meet with city planning officials, then submit plans that include a site description, project description, building, infrastructure, public services, natural land formations, historic sites, traffic estimates and roadways, landscaping plans and building height and setback.

All of these drawings and maps are reviewed by the city. If the developer has the zoning, then the city will issue a permit and the developer can begin building.

But public input takes place before that process — when and if a zoning change is needed.

In the case of Nanea Kai, the original developer sought community comments in 1999 when it first sought rezoning for its proposed assisted-living facility. But once that zoning was in place, the original or subsequent developers are entitled to build as they see fit provided they meet specifications.

The power to build what you want on your property is one granted by the U.S. Supreme Court, said City Councilman Charles Djou, the council's Zoning Committee chairman. As owners of a piece of land, developers have the right to build to their sense of style, provided they meet all the regulatory restrictions of zoning, building, grading, density and height.

"Community input is very important," Djou said. "But entitlement exists because the Supreme Court says it exists. Individual property owners have the right to do what they want on their property provided they follow the rules. It's a reasonable concept."

A developer can indeed change a project without presenting the changes to the community, provided the modifications meet city zoning and building codes, said Eric Crispin, acting director of the city Department of Design and Construction. The developer of a project like Nanea Kai is only required to go before the community or neighborhood board if it's seeking to build a free-standing antenna or a hospital, school, golf course, meeting facility or daycare facility.

"The time for community input is at the time of zoning," Crispin said.

Community activist Bob Fowler blames the neighborhood board for what has resulted at Nanea Kai.

"I hold the neighborhood board responsible," Fowler said. "It's not mandatory for the developer to come before the community, but it's something the community should demand. There's a difference between what's legal and what's right."

It's up to the residents to follow through and keep tabs on what's being built in the community, Fowler said.

Don Clegg, a former city land use director-turned consultant, said residents need to follow the process to make sure conditions of development are followed. But as long as developers are meeting density and building height codes, they should be allowed to build on their land as they want.

"Under the law, it's fair," Clegg said.

One solution is to make communities a special district, such as Waikiki, which enables the community to have a voice in how it looks, Djou said. But the process is complex and developers say it can discourage new projects.

"There's no easy solution for this," he said. "The city doesn't want to micromanage development."

Meanwhile, the developer of Koko Villas has obtained approval from the city for its 70 single-family homes in Kalama Valley near the Koko Crater Equestrian Center. The developer, Konakoh, has the necessary zoning and has made no presentation to the community.

And Schuler Homes is in the process of obtaining city approval for its next development on the same parcel as Nanea Kai. Moana Kai is an 84-townhome project that will be built behind Nanea Kai, Jones said.

Reach Suzanne Roig at sroig@honoluluadvertiser.com or 395-0464.