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HomeMy WebLinkAboutCOM 0904.001 2004-2006 Murashige, Laura From: Margaret Wille [WILLEM001 @hawaii.rr.com] Sent: Thursday, July 06, 2006 12:30 PM To: counciltestimony@co.hawaii.hi.us Subject: All items involving road concurrency issues/RES 376-06, etcetera t r cc 7-7-06.doc Dear Council Staff: TODAY IF POSSIBLE, Please distribute a copy of the attached letter, in addition to the letters I sent by mail earlier this week; which were, a letter to Mayor Harry Kim dated June 3 2006 (meant to say July 3, 2006); and a letter to the Parker Trust Foundation Trustees dated June 30, 2006. THANK YOU. Margaret Wille 887-1419 a rn 4^) L C ; r- aa -a re r~ Comm. No. Ref. To: treHd 1 Ref. Date Margaret Wille 65-1316 Lihipali Road Kamuela Hawaii 96743 Fax: 808-887-1489 Email: willem001@hawaii.rr.com Chairman Stacy K. Higa County Council Members Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 July 7, 2006 Re: Res.376-06 - KPC Villages connector road/Kamehameha School Resolution and ALL Upcoming concurrence legislation: Enforcement issues Dear Chairman Higa: At almost every session of the County Council that I have attended, you have dealt with the issue of road concurrency requirements in the context of various developments: KPC Villages, Hiluhilu. Lava Kuakini. For each of these developments, the Council, as well as the Planning Commission before it, has struggled repeatedly with the issue of road concurrency triggers. I also know that Ms. Isbell and possibly others, is considering road concurrency legislation. In all of your deliberations, please consider the enforcement issues that surface long after the Council first establishes any road concurrency requirement. I don't know how best to legislate proper enforcement other than to have a black and white rule that ALL necessary infrastructure must absolutely be in place before any occupancy permit can be issued - even where part of the road is not located on the developer's property. Any proposal that allows for incremental construction of infrastructure should be avoided. And the Council must conscientiously not accommodate "economic duress" arguments, to wit: if the developer doesn't get his way, he will abandon the project. In support of these suggestions, I ask that you read the attached letters setting out the chronology of Parker Ranch's Town Center Road connector road obligation originally required of Parker Ranch by the County Council in 1992. Since then that obligation has been reduced, delayed, and avoided. To date, not one foot of that critical road infrastructure has been constructed. Even at this very moment Parker Ranch, in the context of its pending Luala'i III Subdivision application, is requesting of the Planning Department and the Mayor's Office a further delay and avoidance of compliance with its Town Center Road obligation. After four months, the Planning Department and the Mayor's office are still "working with" Parker Ranch on this issue. The County's repeated failure to enforce this road obligation is the cause of Waimea's traffic crisis. Sincerely, Margaret Wille cc: Mayor Harry Kim; Planning Commission; Director of Planning: Chris Yuen r Margaret Wille 65-1316Lihipali Road r:{I Gtr O Kamuela, Hawaii 96743 ` Phone: 808-887-1419 Fax: 808-887-1489 Email: willem001@hawaii.rr.com 4,C . June 3, 2006 Mayor Harry Kim County of Hawaii 25 Aupuni Street Hilo Hawaii 96720 Re: Parker Ranch Town Connector Road/Pending Luala'i III Subdivision Application Dear Mayor Kim: Enclosed is a copy of my letter to the Trustees of Parker Ranch Foundation Trust concerning Parker Ranch's continuing avoidance of its obligation to construct the Town Center Road connector road, which was a key condition to receiving rezoning for the hundreds of acres in the town center. My point is that the County of Hawaii has yet to hold Parker Ranch to its obligation, and continues to accommodate Parker Ranch's renigging of this commitment to the Community of Waimea, including at the time of the recent Holoholoku development and now in the context of the Lual'i III development. It is high time that Parker Ranch be required to construct the Town Center Road, at least from Mamalahoa Highway to Pukalani Road, in conjunction with development of its adjacent 218 unit Luala'i subdivisions (I, JI, and now III), and its adjoining 92 unit Luala'i Planned Unit Development. Otherwise, the Director of Planning should deny Parker Ranch's request for final subdivision approval of its Luala'i III subdivision. In the context of the pending Luala'i III subdivision application, I understand that your office is now "working with Parker Ranch" regarding its pending request to again delay its Town Center Road obligation, and concomitant request that the County instead pay for and build this road, with the possibility of repayment by Parker Ranch at some future and indefinite date, possibly decades from now. Why is Parker Ranch, in its capacity of a real estate developer, treated with such "kid gloves", as if "above" the subdivision laws and rules that apply to everyone else. Or perhaps this lax approach to enforcement of critical infrastructure obligations is more the norm than the exception in handling large developments by the Planning Department. In the Hokulia case, Judge Ibarra found that the Planning Department was "accommodating" the developer's desire to avoid compliance with certain requirements "in dereliction to the County's explicit duty to enforce (the pertinent requirements)", and "deliberately collaborated" to avoid these requirements. Hokulia: conclusions of Law #24-#25. The current situation with Parker Ranch's avoidance of its Rezoning Ordinance road conditions, and the Planning Department's knowing dereliction of its responsibility to monitor compliance with those conditions, seems to be a repetition of the scenario exposed by the Court in Hokulia, and also observed in Leslie v. Board of Appeals and Chris Yuen, as Director of the Planning, and in Sierra Club v. State Planning Office. Based on the Planning Director's recently approved amendments to the Subdivision Code (designed "to deal" with the Leslie decision by changing the law rather than the conduct that was found in violation of that law) and the current handling of the pending Parker Ranch Luala'i III subdivision application, my sense is that your administration just "doesn't get" the message that the Court has sought to communicate in those decisions. I understand that, in the context of the County's connector road from Mamalahoa Highway to Kawaihae Road, the County is considering acquiring a corridor of land along Parker Ranch's boundary with the Lalamilo farm lots in order to accommodate the interests of those affected farm lot owners. That is all well and good. However, if some how Parker Ranch is pitching that the possibility of selling some land to the County (at fair market value) can be used to coax the County into carrying out Parker Ranch's rezoning obligation to construct the Town Center Road, it will not pass the "you got to be kidding test" as far as the Waimea community is concerned. I know that you did not attend the June I91 Waimea Community Association meeting with the Parsons Brinkerhoff traffic consultants, and unbelievably, the press ignored the impassioned statements by residents concerning Parker Ranch's failure to abide by the Town Center Road commitment made to the Waimea Community back in 1992. Yet, as a representative of one of the local school's commented, "as of June 1" , the eyes of the Waimea Community are watching" how the County and Parker Ranch handle the Town Center Road obligation. Recently in the press, there is reference to new road concurrency legislation. Yet if the County does not enforce the road obligations that are in place, what is the point of this legislation? Without meaningful enforcement, the law is a joke. Likewise, why ask community members to participate in lengthy and difficult Community Development Plans, when, at the subdivision approval stage, even provisions of the General Plan that parrallel rezoning ordinance obligations are ignored or even proposed to be deleted, as was the case with Parker Ranch's requested deletion of its Town Center Connector Road obligation, as was proposed by the Planning Director? I am continuing to collect petitions with signatures of residents around the County insisting that the County enforce Parker Ranch's Town Center Road obligation and that the County proceed expeditiously with its construction of the Mamalahoa Highway to Kawaihae Road connector road - and that the County use its funds for the County road, and not to pay for Parker Ranch's Town Center Road obligation. I will forward these petitions to you shortly. (I am hoping to first collect the petitions that are still out from Kawaihae, Waikoloa, and Honoka`a.) Please hear the suffering of all of those whose lives are so adversely affected by the County's continuing accommodation of Parker Ranch's avoidance of its Town Center Road obligation and the County's similar failure to complete its connector road. Si cerely, arga ille, a concerned resident of Waimea cc: County Council members Chris Yuen, Director of Planning 7/1/06 WITH ATTACHMENTS: includes correction of a couple typos in 6/30 email Margaret Wille 65-1316 Lihipali Road Kamuela, Hawaii 96743 Tel: 808.887.1419 Fax: 808.887.1489 Email:willemOOl@hawaii.rr.com John Ray June 30, 2006 Timothy Johns Warren Haruki Trustees, Parker Ranch Foundation Trust 67-1435 Mamalahoa Highway Kamuela, Hawaii 96743 emailed to Trustee John Ray without attachments mailed with attachments Re: Town Center Connector Road and related issues Dear Parker Ranch Trustees: I am writing to you as a concerned resident of Waimea. I know that you have no legal obligation to respond to this letter. However in the spirit of the Hawaiian system of dispute resolution, ho`oponopono, I ask that you reevaluate Parker Ranch's recent efforts to again delay your obligation to construct the Town Center Road. In 1992 Richard Smart promised the Waimea community that Parker Ranch would construct the Town Center Road prior to any commercial or residential development within its 320 acre Town Center project. Fourteen years later, and despite substantial commercial and residential development, not one foot of that road has yet to be built. As is clear to many, the continuing avoidance of this road commitment would not be happening if Richard Smart were still alive. Contrary to the explicit terms of County Ordinance 02-25M(1)(b) and (c), Parker Ranch and its partner Schuler Homes Ltd. are now requesting to further delay Parker Ranch's obligation to construct Phases 1 and 3 of the Town Center Road (from Mamalahoa Highway to Pukalani Road). In fact Parker Ranch appears to be refusing to construct any of this road in conjunction with its Luala'i III subdivision and planned unit development. The harm caused by Parker Ranch's continuing avoidance of this road commitment goes beyond the suffering caused by the continued absence of the Town Center Road itself. The County is now unwilling to construct its Mamalahoa Road to Kawaihae Road connector road prior to Parker Ranch's construction of the Town Center Road. Both parties are renigging on their clear obligations to the community. The net result is that Waimea remains a "one-intersection town". In my opinion, Parker Ranch's continued refusal to construct its Town Center Road is the primary cause of Waimea's traffic congestion at the Lindsey Road -Mamalahoa Highway choke point. Or, perhaps, I should say the County's repeated failure to enforce Parker Ranch's road obligation can be said to be the primary cause of this traffic crisis. It is time, past time, for Parker Ranch to complete the Town Center Road from Mamalahoa Highway to Kamamalu Street. 1 For a moment, think of yourselves standing in Richard Smart's shoes, embrace his vision, and seriously consider completing the entire Town Center Road by March 22, 2008; or, at minimum, according to the following schedule (assuming the County does not require an earlier completion schedule): • By March 22, 2008: complete from Mamalahoa Highway to Pukalani Road, or at least to Lindsey Road, including the Lindsey Road extension thereto; and • By March 22, 2009: complete the entire road to Mamalahoa Highway at Kamamalu Street. Assuming Parker Ranch were to follow the above schedule, the County could at the same time construct its connector road from Mamalahoa Highway to Kawaihae Road. Completion of both the Parker Ranch Town Road and the County's Connector Road (together comprising the "Waimea Mini-bypass") within a two to four year time period would be consistent with the preliminary recommendations of the Parsons Brinkerhoff study (that a southerly "bypass" loop around the center of Town and the Lindsey Road intersection is needed) and would also comply with the applicable 2005 County General Plan directive: To relieve traffic congestion through Waimea town, implement construction of a) Parker Ranch's connector road from Kamamalu Street to Mamalahoa Highway and b) the County's extension of this road, between Mamalahoa Highway and Kawaihae Road in the vicinity of the Waimea solid waste transfer station. 2005 Hawaii County General Plan Transportation section 13.2.5.6.2(g) "Courses of Action" for South Kohala BACKGROUND INFORMATION Consider the following background information - complied primarily from information contained in the County Planning Department files, consultations with public officials, and statements made by Parker Ranch Trustees and employees. Richard Smart's Legacy to the Waimea Community: The legacy that Richard Smart left to the Waimea Community was the 2020 Plan as embodied in Zoning Ordinance No. 92-65. As Richard Smart stated in his preface to the Parker Ranch 2020 Master Plan: "Our Foundation is a Master Plan for the town center. I have personally selected PARKER RANCH 2020 as the name for this plan, since it implies great foresight and commitment to this community for the sake of our children It is our greatest hope that in the year 2020, our children's children shall look back at this planning 2 effort in the same light with which we today perceive the early 1900 efforts of the legendary A. W. Carter to improve and strengthen the Ranch and the community." [Parker Ranch 2020 Master Plan as stated in the undated (1989?) publication of the Parker Ranch 2020 Master Plan for the Town Center: page 1: Richard Smart's statement to the Waimea Community] Richard Smart's vision was to care for and improve the quality of life in Waimea, including preserving Waimea's unique and special beauty. His selection of the community hospital, two schools, and a community grant foundation as the beneficiaries to his Trust was consistent with that overarching objective. It is difficult to believe that at this time any one of these beneficiaries would condone avoidance of the Trust's legal, civic, or moral commitments made to the Waimea Community. The Trust's named beneficiaries will be especially benefited by completion of the Town Center Road in conjunction with the County's extension thereof to Kawaihae Road. This mini-bypass loop around the Town Center will dramatically increase the safety of school children attending Parker School and Hawaii Preparatory Academy's elementary and middle school, as well as provide the critically needed alternative access to the North Hawaii Community Hospital and its planned new addition along the Town Center Road corridor. Traffic Congestion a critical concern: Richard Smart, in his presentation of the 2020 Plan to the Waimea community, pointed to three primary community issues of the 1980s: traffic, water, and housing. With respect to traffic, Richard Smart's 2020 Plan stated: "Traffic congestion at certain peak times at the main intersection of Mamalahoa and Lindsey Roads. Strip development and the lack of secondary arterials have made this intersection a virtual choke point. Accessibility to emergency medical, fire, and police facilities during times of congestion and seasonal parades is almost impossible." [Parker Ranch 2020 Plan as set forth in the undated (1989?) publication of the Parker Ranch 2020 Master Plan for the Town Center: page 2 "Primary Community Issues for the 80s"] To address that traffic concern, Parker Ranch's 2020 Plan proposed: "local connector streets within the town center to relieve high traffic pressure that currently exists on the Mamalahoa Highway, especially where it intersects Lindsey Road." [Parker Ranch 2020 Master Plan as stated in the undated (1989?) publication of the Parker Ranch 2020 Master Plan for the Town Center : page 3 "Consistency with the Waimea Design Plan and the County General Plan" ] The first of the Parker Ranch 2020 Plan elements was: "Redesign and realign Lindsey Road as a "community street", not simply as a highway connector. It will be a curved tree-lined 3 street designed to discourage fast through traffic, and will serve as the main entry to the primary commercial center. It will connect by secondary arterials that will provide alternative routes to the medical center, police and fire stations, senior citizens center, the expanded Waimea School campus. The interior circulation system will be designed to function with or without the proposed [state] bypass highway. The system will consist of slow speed roads, pedestrian walks, trees, and open space." [Parker Ranch 2020 Master Plan as stated in the undated (1989?) publication of the Parker Ranch 2020 Master Plan for the Town Center : page 4 "Land Use Concepts: Town Center"] 1992 Parker Ranch Rezoning Ordinance No. 92-65: The 2020 Plan commitments made to the Waimea community culminated in the legally binding conditions of the 1992 Rezoning Ordinance 92-65, which was passed by the County Council shortly after Richard Smart's death. This ordinance rezoned several hundred acres of prime agricultural land to provide for approximately 54 acres of commercial zoning and residential zoning to provide for approximately 880 residential lots. Among the key conditions to obtaining that Town Center rezoning was the road requirement that: the entire Town Center arterial road consisting of two lanes within an 80 foot right of way shall be constructed in conjunction with the final subdivision approval of any residential development within the Waimea Town Center or prior to issuance of a certificate of occupancy for any portion of the commercial area, whichever comes first. [1992 Rezoning Ordinance 92-65M(l)(b)] The Planning Department Recommendation of Approval (dated 12/31/91) for this rezoning application explained the intent of Parker Ranch regarding the Town Center Road, then called the "mini-bypass road": "As a condition of this approval, the construction of the entire mini-bypass road would be required prior to issuance of occupancy for any portion of the commercial or residential development. This major roadway would be constructed within a minimum 80-foot wide right-of-way. The applicant proposed an initial two-lane construction with additional improvements to be constructed as those areas fronting the road are developed. The installation of curbs, gutters and sidewalks would be made with the development of each increment. Another safety measure is the installation of pedestrian improvements from the Waimea Elementary School to the mini-bypass intersection along Mamalahoa Highway on the mauka (town center) side of the road. [County of Hawaii Planning Department Revised Recommendation dated 12/13/91; Richard Smart Revocable Personal Trust: State Land Use Boundary Amendment 89-2; Change of Zone Application 89-19] 4 1996 Amendments - Parker Ranch Rezoning Ordinance #96-117 In 1996, Parker Ranch requested a monumental reduction and delay of its obligation to construct this mini-bypass Town Center Road. At that time Parker Ranch proposed that this mini-bypass road (1) no longer be completed in advance of any residential or commercial development, but instead be completed incrementally in conjunction with development along the road corridor; (2) that the road standards be reduced from arterial to collector status along with elimination of the mandatory requirement of curbs, gutters, and sidewalks in residential areas; (3) elimination of the required sidewalks on Mamalahoa Highway from the Waimea public school to the south end of the Town Connector Road by the rodeo grounds; and (4) the cost of the Town Center Road intersection improvements would now be credited against the applicant's other monetary fair share contributions, rather than in addition to those fair share obligations. [Based on letter from Parker Ranch to Planning Department dated April 9, 1996 and Change of Zone Ordinance #96-117]. Other revisions to the Parker Ranch Rezoning of the Town Center near doubled the amount of commercially zoned land from 54 to 100 acres, decreased somewhat the number of residential units proposed within the Town Center from 880 to 729, and added more land to the in-town park areas. According to the County Planning Department's records, there was no meaningful notice to the public in 1996 as to the substantial nature of the proposed changes to the roadway obligations - despite the critical implications for increased traffic congestion. The July 1996 "Parker Ranch 2020 Plan Project Description" hand out omitted any mention of the proposed changes regarding the Town Center Road requirement. That Parker Ranch handout stated: "The following are the major changes to the 2020 Plan being proposed by Parker Ranch: • Reduction of residential density • Enhanced roadway circulation system to provide alternative routes to key destination areas. (WOULDN'T "REDUCED ROADWAY CIRCULATION SYSTEM" HAVE BEEN AMORE ACCURATE DESCRIPTION?) • Provision of over forty five (45) acres of park and open space, . • Deletion of the rural residential area [on the Kohala Mountain Road].... • Provision for the fair and responsible development of the property whereby mitigation measures are provided commensurate with the impacts of the project." (PRESUMABLY THIS CRYPTICALLY DESCRIBED CHANGE IS MEANT TO INCLUDE DELETING THE OBLIGATION TO COMPLETE A SECONDARY ARTERIAL TOWN CENTER ROAD PRIOR TO PERMnTING ANY REsiDENTIAL OR COMMERCIAL UNITS) [Parker Ranch handout: "Parker Ranch 2020 Plan Project Description" received by the Planning Department on July 25, 1996 (italics in original)] In its letter to the Planning Department, Parker Ranch described the 1996 proposed changes as follows: "Overall, the [new] plan seeks to achieve incremental 5 development of the Town Center in a manner that minimizes impacts to the existing community and achieves a more efficient phasing of infrastructure improvements in relation to the increments of development." [April 9, 1996 letter from Parker Ranch to Virginia H. Goldstein, Director County of Hawaii Planning Department, signed by Carl A. Carlson, Jr., Trustee] Considering the monumental reduction in Parker Ranch's Town Center Road obligation that was being proposed, this was certainly an innocuous description of the proposed amendments. In 1996, Chief Carvalho of the County Police Department and Harry Kim, then Administrator of the Civil Defense Agency, recognized the foreseeable traffic congestion impact and voiced objections to Parker Ranch's proposed ordinance amendments. In response to Administrator Harry Kim's concern regarding the traffic impact that would result from not constructing the Town Center Road in advance of the Town Center development, Parker Ranch responded: "With the amendment request, Parker Ranch is proposing an amendment requiring that the connector roadway between Kamamalu Street and Mamalahoa Highway (formerly referred to as the town center arterial road) is to be provided concurrently with development of the areas immediately adjacent to the road. This will provide for the incremental development of the Town Center Areas and the provision of infrastructure commensurate with the impacts of the project." [June 20, 1996 Letter from Parker Ranch to Mr. Harry Kim, Administrator, Civil Defense Agency signed by Parker Ranch Foundation Trustee Carl A. Carlson Jr.] Parker Ranch's proposed amendments were approved by the County Council on December 26, 1996. As could have been foreseen, the effect of not holding Parker Ranch to its original obligation to complete this Town Center Road in advance of the residential and commercial development, is that Parker Ranch no longer had the same financial incentive to complete this road. Speaking of these 1996 revisions, in March 2006, a representative of Parker Ranch explained to me that the County Council "had no choice" but to approve the 1996 amendments. Curiously, someone who identified himself as a member of the Planning Commission at that time, similarly described the "economic duress" when the 1996 rezoning ordinance amendments were passed. The final text of the 1996 revised ordinance (Rezoning Ordinance #96-117), provided for three separate sections or phases of the Town Center Road: • Kaomalo Street to Pukalani Street was designated as Phase 1; • Pukalani Street to Kamamalu Street was designated as Phase 2; and • Mamalahoa Highway to Kaomalo Street was designated as Phase 3 6 .Based on the Ordinance's primary road trigger, as set forth in the 1996 Rezoning Ordinance 96-117 condition M(1)(b), each section of the roadway would have to be constructed when there was development in an immediately surrounding area to that section of the road corridor. The precise language in the Ordinance provided that each road phase: shall be constructed in conjunction with development in the immediately surrounding areas... [1996 Rezoning Ordinance Condition M(1)(b)] Application of this "adjacent development" road trigger is consistent with Parker Ranch's own description of its 1996 ordinance amendments, to wit, that the road phases would be completed incrementally commensurate with the impacts of the Town Center project. Consistent with this "adjacent development" road trigger, the 1996 Rezoning Ordinance also required that the intersection improvements at Kamamalu Street and Mamalahoa Highway: "shall be constructed and installed in conjunction with the construction of the immediate surrounding portion(s) of the connector road." [1996 Rezoning Ordinance 96-117 M(1)(c)] Accordingly, if Parker Ranch first built in a residential development along phase 3 of the Town Center Road, then construction of this southerly section of the Town Center Road along with the Mamalahoa Highway intersection by the rodeo grounds, would be required in conjunction with that adjacent residential development. The second road trigger, contained in Revised ordinance, 96-117 M(1)(b), is not based on the location of development. Instead, regardless of whether there were any development along the Town Center Road corridor, this trigger is based on a complicated unit/count formula applicable to certain categories of development in certain zoning: Phase lof the road to be completed no later than issuance of the permit for the 30011 residential unit within a RS or RM zoned area; Phase 2 of the road to be completed no later than issuance of the permit for the 45011 residential unit within a RS or RM zoned area; Phase 3 of the road to be completed no later than issuance of the permit for the 57911 residential or commercial unit located within Increment I of the Town Center Project, meaning to the west of the Town Center Road corridor. A copy of the section of the 1996 Rezoning Ordinance that sets forth the two road triggers is attached for your convenience: Attachment A-1. [Note these same road conditions are now contained in the most recent revision of the Parker Ranch Rezoning Ordinance 02-25, which 2002 revision primarily addressed the location of park areas.] 7 Based on the complexity of this "unit/count" road trigger, if only this road trigger were in effect, construction of the Town Center Road could be avoided almost indefinitely and without regard to completion of all commercial zoning until after the 450th residential unit was located in certain zoned areas, and subsequent residential and commercial units then totaled 759 units. The County General Plan: Parker Ranch Requested Deletion of the General Plan directive that the Parker Ranch Town Center Road be completed. The County's Subdivision Code provides that subdivisions must be consistent with the County General Plan. As set forth on page 2, the 2005 County General Plan "Courses of Action" for South Kohala Transportation section 13.2.5.2(g) specifically provides for construction of Parker Ranch's Town Center Road. Theoretically Parker Ranch's subdivision applications should be consistent with this provision of the General Plan , that paralleled the Town Center Road requirements in Parker Ranch's Rezoning Ordinance. Yet, rather than complying with the rezoning ordinance road provision and the corresponding General Plan provision, sometime in 2005 Parker Ranch instead requested that the Director of the County Planning Department submit to the Planning Commission an interim amendment to the 2005 General Plan that would delete this section 13.2.5.2(g) of the General Plan requiring implementation of Parker Ranch's Town Center Road as well as the County's connector road to Kawaihae Road. I believe this action by Parker Ranch to be at odds with Richard Smart's 2020 Plan Town Center Road commitment to the Waimea Community. Even more surprising is that the Director of the Planning Department initiated Parker Ranch's proposed General Plan amendment - although doing so was in effect contrary to the specific terms of Parker Ranch's Rezoning Ordinance. It would appear that the Planning Director acted as a "pawn" to the will of Parker Ranch in its capacity as a powerful real estate developer, and without regard to his official responsibility to the public interest. There was no specific notice to the Waimea Community and Parker Ranch was not required to submit the justification documentation required in section 16.2(3) of the General Plan for amendments proposed by private parties. Only by chance did I find this particular proposed General Plan amendment in the Planning Department compilation of 2006 Proposed Interim Amendments to the General Plan. Thankfully, when confronted with this inappropriate accommodation of Parker Ranch request, the Planning Director withdrew this proposed amendment to the General Plan. Luala'i III Development (with joint venture partner Schuler Homes) Parker Ranch, and its joint venture partner L.D. Horton -Schuler Homes, as Kaomalo Ltd, is developing the acreage along the southerly section of the Town Center Road corridor and along a substantial portion of both Town Center Road phases 1 and 3. The portion of this Luala'i development located west of the Town Center Road corridor consists of one Planned Unit Development that was approved for 92 homes in October, 2001, and three adjoining residential subdivision: Luala'i I, II, and III. Luala'i Subdivision phases I and II are already being developed and total 136 house lots. At this time, Parker Ranch is requesting final approval of its Luala'i III subdivision application 8 for an additional 82 houses . Attached are Parker Ranch's current rendition of the Town Center current zoning, and Parker Ranch's Conceptual Land Use Plan of the Waimea Center, upon which I have superimposed the approximate location of the Luala'i III Subdivision Project Site and the three Town Center Road phases. A-2 and A-3. Parker Ranch's Luala'i III development, including the PUD for 5000 square foot residential lots and the adjoining Luala'i III subdivision, is adjacent to Phases I and 3 of the Town Center Road based on Parker Ranch's following submissions to the Planning Department: (1) the project site area shown on Parker Ranch's Luala'i Preliminary Plan; and, (2) on the ESRI ArcExplorer Map submitted by Parker Ranch showing the proposed RS-7.5 development in an area "immediately surrounding" Phase 3 of the Connector Road and the RM-5 development in an area "immediately surrounding" Phase 1 of the Connector Road. [These documents are attached for your convenience: A-4 and A-5.1 I also understand that as part of this Luala'i III development, Parker Ranch has fulfilled its "school" ordinance condition 02-25 F, by transferring approximately five acres of land adjacent to the Town Center Road corridor and next to the existing Waimea middle school campus. An exhibit to the June 27, 2000 Development Agreement between Parker Ranch and the State (Department of Education) is attached that shows the location of this parcel: A-6. As part of this transfer arrangement, the state conveyed a smaller parcel to Parker Ranch to allow for a straighter alignment of the Lindsey Road extension. Although the Subdivision Code, section 23-66(7) required that proposed improvements (including road improvements) be submitted to the Planning Department in conjunction with the Preliminary Luala'i III Subdivision Plan, apparently Parker Ranch did not do so, and the County Planning Department did not insist upon compliance with this subdivision code requirement. Parker Ranch also has not submitted the 2004 and 2005 annual progress reports required in condition K of the Rezoning Ordinance, which states: The report shall address, in detail, the status of the development of each area (including number of lots created, number of units constructed, developed and undeveloped commercial and industrial areas) and compliance with conditions of approval." Rezoning Ordinance 02-25 condition K (underlining added). Given the absence of the Rezoning ordinance 2004 and 2005 annual reports and the absence of any submission of a statement of proposed improvements with the Luala'i III subdivision application, a full and accurate understanding of the status of the Parker Ranch Town Center development is difficult. The 2001Parker Ranch Schuler Homes Town Center "Location Map" is however attached for your convenience A-7 In March, 2005, Parker Ranch received preliminary plan approval for its Luala'i III subdivision. With regard to the Town Center Road, the Preliminary Plan approval 9 which required compliance with the terms of the Rezoning Ordinance, including, but not limited to, the road condition M(1)(b) provided: "construct that portion of the connector road abutting the proposed subdivision in a manner meeting with the approval of the Department of Public Works." [March 22, 2005, Department of Planning: Luala'i III Tentative Plan Approval] The deadline for submission of the final application for Parker Ranch's Luala'i III subdivision was March 22, 2006. In late February 2006, unknown to the public, Parker Ranch and Schuler Homes were communicating with the Planning Department staff concerning whether Parker Ranch would be required to construct any of the Town Center Road in conjunction with the Luala'i III subdivision development. In response to questions by the staff at the Planning Department and Public Works Engineering Division, Akinaka & Associates (Engineering firm for Parker Ranch and/or Schuler Homes disputed the Town Center Road ordinance construction requirement. Thereafter, a planner within the County Planning Department, emailed back the terms of Condition M(1)(b) of Ordinance 02-25, and stated: So the ordinance does contain a provision for the construction of this section of the collector road adjacent to the Luala'i III project site, as well as related intersection improvements at its connection with Mamlahoa Highway. If the applicant's posion is to further defer these improvements until adjacent lands are further developed its something we can consider Secondly, someone has to brief us on the phasing of development within the Parker 2020 project site so that we can respond to questions like this. The Parker Land Trust should have a detailed scheduling program of infrastructure installation and phased development that would satisfy the timing requirements of the change of zone ordinance. Since that information was not disclosed to us, we are interpreting these requirements and simply triggering these required roadway improvements at its earliest point when demanded by the ordinance. (bold emphasis in the original) [Email dated February 22, 2006 from County of Hawaii Planning Department staff to Vice President at Akinaka & Associates Ltd. with copies to the Chris Yuen, Director of Planning and Sidney Fuke, who is Parker Ranch and Schuler Homes' Planning Consultant. Sidney Fuke is a former Director of the Planning Department.] A copy of this email is attached for your convenience: A-8. In late February 2006, a meeting was held at the County Planning Department, apparently to discuss Parker Ranch's proposal to ignore the "adjacent development" road trigger, in favor of only the "unit/count" road trigger, which, according to Parker Ranch would mean that the Luala'i III subdivision could be completed along the southerly section of the Town Road without triggering any requirement to construct any part of the Town Center Road. Actually even under the other applicable "unit/count" road trigger, Phase 1, the middle section of the Town Center Road from Kaomaloa Street to Pukalani 10 appears to now be required based on the following residential unit counts within the RS and RM zoned areas: Luala'i subdivisions 1,11, and III total 218 residential units, and the Luala'i Planned Unit Development has 92 approved units, for a total of 310 units. Under the second "unit/count" road trigger criteria, Phase 1 of this road will now be required. Inclusion of the existing forty-four Holoholoku residential units along Phase 1 and 2 of the would bring this residential total to 354 units. In early March, 2006,1 inquired of a Parker Ranch representative, how Parker Ranch was going to get around constructing some portion of the Town Center Road, at least the section within the preliminary plan project site according to the Luala'i III Preliminary Plan approval dated March 22, 2005. The Parker Ranch representative advised that the language in the Preliminary Plan approval was merely an abbreviation of the terms of the Ordinance and that the language of the Rezoning Ordinance controls. We then read the rezoning ordinance together. I pointed out that the relevant condition M(1)(b) in the ordinance was highlighted in his copy of the ordinance EXCEPT for the portion setting out the primary road trigger that requires construction of the relevant road phase "in conjunction with development in immediately surrounding areas". He replied that the Planning Department was going along with his interpretation. Immediately thereafter, I checked with the Planning Department about the status of the Luala'i 3 subdivision. I learned that the Planning Department had not in fact issued the final approval for the Luala'i III subdivision-at least not yet. I stressed to the County planner that the Planning Director is not at liberty to simply ignore a key provision in the Rezoning ordinance. The planner said he would bring this issue to the attention of the Planning Director. Subsequently I received a letter from Mayor Harry Kim, in appreciation for bringing the situation of Parker Ranch's obligation to the attention of the Planning Department. I was informed that the Mayor's office is now working with Parker Ranch on this subdivision application. To date, at least according to the Planning Department's Luala'i III subdivision file, the County has yet to approve or deny, the final subdivision application for Parker Ranch's Luala'i III subdivision. Actually, based on the Planning Department records that are available to the public, there is no indication that Parker Ranch has even requested final subdivision approval for Luala'i III -although the deadline to do so was March 22, 2006. The County's 10 Million Dollar Bond Fund and Parker Ranch's Requests for the County to Construct/Pay for the Town Center Road In 2004, then County Councilman Leningrad Elarionoff secured 10 million dollars to use for the County's section of the Mini-bypass connector road from Mamalahoa Highway to Kawaihae Road, to provide "an alternative route to the intersection of Lindsey Road and Mamalahoa Highway in Waimea" (the cost of which connector road was then estimated to be close to 10 million dollars). The Public Works Department proceeded to implement that plan and arranged for the required environmental study to be carried out by Belt Collins Ltd. at a cost of $400,000. However, in 2005, considering that Parker Ranch had no plans to proceed with the Town 11 Center Road, the current County Councilman, Pete Hoffmann, lobbied Mayor Kim to shelve this road project once the environmental study is completed. He explained that there was no point to disturb any of the Lalamilo farmers' land in the absence of construction of Parker Ranch's Town Center Road. It is as if the County is held hostage to Parker Ranch's control over construction of the "Town Center Road" section of the Mini-bypass So what does Parker Ranch want in order to now complete the Town Center Road? Simple: Parker Ranch will allow the County (us taxpayers) to pay for and build the Town Center Road and the County's ten million dollar bond fund could be used towards this purpose. Over the past year, Parker Ranch has approached members of the County Council suggesting that the County use the ten million dollar bond fund to build Parker Ranch's Town Center Road, and at some future date Parker Ranch would repay this cost (at least in part) based on the complicated and easily manipulated "unit/count" road obligation formula. Of course, by that future unknown date, there may be further modifications of that road trigger formula, or further reinterpretations thereof, to allow for a reduction or elimination of this repayment plan. According to the Public Works Department if the County were to agree with this proposal, then there would not be funding to construct the County's Mamalahoa Highway to Kawaihae Road portion of the mini-bypass. At the February, 2006 Waimea Community meeting County Council Chair Stacy Higa advised the community that Riley Smith, Vice President of Parker Ranch, who is also the President of our Waimea Community Association, had been discussing this funding arrangement with him. As set forth in the Waimea Community Development Planning Committee website, Parker Ranch's current proposal is described as follows: Parker Ranch has Indicated that, if the County's Waimea Traffic Circulation Study consultants concluded that constructing (all or portions of) the Waimea Town Center Connector Road made sense now, Parker Ranch would be willing to discuss allowing the County to build It now, with Parker Ranch would reimbursing the County at some future date, when Parker Ranch would otherwise be obligated to construct the connector. As an alternative, Parker Ranch has indicated that, if the County wanted to construct a temporary road within the same alignment, with a "ford" instead of a bridge at the Kamuela Stream drain channel, Parker Ranch would be receptive to discussing that option also. This could possibly be a daytime use road, that would be locked at other hours. It would eliminate the choke point that results from Mamalahoa Hwy being the only way for traffic to move from east to west and west to east in the vicinity of the hospital and civic center. Well it doesn't take a rocket scientist or a traffic consultant to figure out that it construction of all or portions of the Town Center Road make sense to do now. So, in the context of the Luala'i III final subdivision approval, Parker Ranch is seeking to avoid its legal and civic responsibility to pay for and construct any of the Town Center Road, and at the same time is offering the County the opportunity to now pay for and construct this road, based on some possible future repayment schedule. Does this situation pass the "you got to be kidding" test? Well I am not kidding. 12 The 2006 Status of Richard Smart's 2020 Plan Legacy to the Waimea Community Completion of the Town Center Road was a key component of the legacy Richard Smart intended for the Waimea Community.. It seems fitting that, as stated on Parker Ranch's intereet site, Parker Ranch's plan for the Town Center is now simply called the "Waimea Town Center Plan", and not, as Richard Smart named it based on his vision and commitment to the Waimea Community, the Parker Ranch 2020 Plan. I understand that Chris Kanazawa, your CEO, has approached a number of public officials to say that Parker Ranch is ready to start cooperating regarding the Town Center Road. I hope that you, as Trustees of the Richard Smart Foundation Trust, seriously consider agreeing to, and immediately acting upon, the Town Center Road completion schedule suggested in this letter. The Reason for my Involvement in this Town Center Road Issue Every day I watch residents from all over this County suffer in long lines of traffic on their way through Waimea. Emergency vehicles are blocked with no alternate way around the Lindsey Road choke point. School children are at high risk. As a concerned member of this community, my interest is to help reduce the suffering and safety risks resulting from this traffic crisis. I also appreciate Richard Smart's vision to preserve the beauty of Waimea town and, consistent with his original 2020 Plan, want to support his vision of a town center with more pedestrian walks, trees, and open space. ly, 1 S' cere 0 A' argare Wille cc: various others 13 ~ YV~W n_ rar~OYdiv~an~~a,a~ ~~-Lf ~ ez~n)I ~6 Orc4~nmr~ financing. In the event that the above federal, state or other governmental funding is not available or acceptable to the applicant, the connector road shall be constructed by the applicant in three phases.'Phase 1 of the connector road shall be located between the extensions of Pu'ukalani Road and Kaomoloa Street, and shall be constructed in conjunction with the development of the immediately surrounding areas, provided further, that Phase I of the connector road shall be completed no later than the issuance of building permits for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the three hundredth (300th) residential unit/lot within the RS and/or RM zoned areas.rePhase 2 of the connector road shall be located between the Pu'ukalani Road extension and the northern intersection of the connector road with either Kamamalu Street or the Mamalahoa Highway in the vicinity of the Waimea Civic Center, and shall be constructed in conjunction with the development of the immediately surrounding areas, provided further, that Phase 2 of the connector road shall be completed no later than the issuance of the building permit for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the four hundred fiftieth (450"') residential unit/lot within the RS and/or RM zoned areas. hase 3 of the connector road shall be located between the extension of Kaomoloa Street and the western intersection of the connector road with Mamalahoa Highway in the -45- oa a-s " ~0.~-~ vicinity of the Vacumn Cooling Plant, and shall be constructed in conjunction wi a immediate) surrounding areas, provided further, that Phase 3 of the connector road shall be completed no later than the issuance of the building permit for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the five hundred seventy-ninth (579'") residential lot/unit in the first development increment of the Waimea Town Center. In the event that the connector road shall intersect at its northern end with Kamamalu Road, the applicant shall improve within the existing right-of- way, the portion of Kamamalu Road between its intersection with the connector road and Mamalahoa Highway, meeting with the requirements and approval of the Department of Public Works. The costs of such improvements shall be credited against the applicants fair share contribution of the road assessment required in Condition H, herein. The entire connector road shall be constructed to the standards of the Department of Public Works; provided, however, that should it be determined by the Planning Director in consultation with the Department of Public Works that curbs, gutters and sidewalk improvements are needed, then, said improvements shall be installed along that portion of the road within the park, commercial and residential zoned lands at the time of development of any portion of those zoned lands. 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LLI U) to aim= r r a_Y R! 5• ' ~ ~ ~ Y ~ ~ xx S qa R X0 p °'w ci R + R P F 7i yy,. _ r 1I1 SiRTh 1 F too, _c a) 11F A qa¦ q~6 L` 1 a Y. o q n (D Li ~d 3 ~ ~ _ ~ •j p9pv~ low) a g =j, GOA 5183 ' E FWW ` 31 ~ HIGHWAY YAYALAHOA j1d A 4M..1 Mom M Ar- 0 0 z 10 a I- WN z g w 1- o ° won s \ o ; wI o° { S .,c, Hse ° Y vlll~ o a !ll Y Y / II / !lam ~ I/11 % l ~ f ~ i~ i p / / a i / I e. Sao ~ ' / i / / ~ ~ ° BB LLI ~~InyNd•,t~~_~Page lof3 From: Sent: Wednesday, February 22, 2006 1:06 PM To: 'Barry K. Muranaka' Cc: Emler, Kiran; 'Joni C. Tanimoto'; 'Sidney Fuke'; Yuen, Chris Subject: RE: Lusla'i Phase 3 in Waimea Barry, Sorry for the delay in getting back to you. Too many things on the burner and not enough cooks. !a))) Anyway, Condition M(1)(b) of Ordinance No. 02-25 states, in part, the following as it pertains to that portion of the connector road based on its phased implementation outlined in the ordinance: 'Phase 3 of .the connector road shall be located between the extension of Kaomoloa Street and the western intersection o the connector road with Mamalahoo Highway in the vicinity of the Vecumn Cooling Plant, and shall be rutted in conjunction with the development of the immediately surrounding, provided further, that o t e connector roa s I be complete no later than the issuance of the building permit for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the five hundred seventy-ninth (579th) residential lot/unit in the first development increment of the Waimea Town Center! So the ordinance does contain a provision for the construction of this section of the collector road adjacent to the Luala'i-Phase III project site, as well as related intersection improvements at its connection with the Mamalahoo Highway. If the applicant's position is to further defer these improvements until adjacent lands are further developed, it's something we can consider. However, such consideration must be made with a clear understanding of how many lots have already been subdivided and how many multiple family units have already been issued final plan approval within the Parker 2020 project area that is encumbered by this change of zone ordinance? I see two specific triggers in the ordinance that would demand this collector road; 1) development adjacent to its alignment, and 2) unit/lot count. If someone can provided to me a detailed accounting of all approved unite, and lots within the Parker 2020 Project site, I can then approach the director about deferring these improvements if the total unit count, including Lualo'i-Phase III is far below the 579-unit trigger for the collector road-Phase III. We also have to take into account the timing of construction associated with Phase I and II of the collector road that heads back east between Koomoloa and Kamolumalu Streets. Secondly, someone has to brief us on the phasing of development within the Parker 2020 project site so that we can better respond to questions like this. The Parker Land Trust should have a detailed scheduling program of infrastructure installation and phased development that would satisfy the timing requirements of the change of zone ordinance. Since that information was not disclosed to us, we are interpreting these requirements and simply triggering these required roadway improvements at its earliest point when demanded by the ordinance. Let me know when the requested information is available and when there will be an opportunity to discuss this matter. Thanks, 2/22/2006