2016-05-19 Leeward Exh D (SPP 16-188)

Home

MANDEL: Hi. My name is Bill Mandell. I’m a resident. I think all the testimony so far, there is not much more to say. I would just like to say you are our Planning Commission, not a court of law; this is going to go down that route obviously, if it needs to. But you are a Planning Commission, and that whole area 60 years ago was all agricultural, and it was decided by your predecessors that that become single-family dwellings. Approximately, if you take the exact center and draw a compass around it with a three-mile radius, you have about 80 percent of the single-family residences in Kailua-Kona. And it was decided by your predecessors that when you go north of Henry Street, that was going to be heavy commercial industrial. And I just can’t even begin to understand why anyone would consider bringing industry into the residential area. It just makes zero sense. It may improve Bolton’s bottom line, but it is, it is so anti-planning. I mean if they can win in court, they can something, that’s a different matter, but you are a Planning Commission and this violates everything that’s been planned for this entire area for the last 60 years. CITRON: Mr. Chairman, I need more time since I am representing a large constituents. UNGER: Understand that. That’s fine. And I understand you are the, will be the petitioner, so that’s fine. CITRON: My name is Jeff Citron, a Kona resident for 45 years and a homeowner at Hualālai Colony Subdivision, which is located directly above Innovations Charter School. I’m also the President of The Community Association of Hualālai, which consists of the Heights at Hualālai, Pualani Estates, Hualālai Colony, Kona Orchards, and Sugar Cane Lane. I want to start my testimony by pointing out some serious violations of Bolton, Inc. in the past two years concerning the subject property. During the first week in October of 2014, while traveling in my car, I observed the development of two roads that were going to tie into Hualālai Road. Having been involved in land use issues, I had a problem if there was adequate sight distances, because they were located on dangerous parts of the road. I went down to Public Works and talked to Ki Emler, the engineer, and told him about my concerns. Ki said that the next day Bolton was performing some asphalt work on those two access points. I was alarmed that they were proceeding before checking out my claim. While I was there, I had a chance to look over the construction plans. I noticed that the figures provided by the private consulting engineer were overstated. I also noticed that the road profiles on the two roads were not provided as to elevation. The morning of the very next day, while traveling up Hualālai Road, I saw the Public Works inspector measuring the sight distances. I called the inspector a few days later, and he told me that he had shut the project down, and that Bolton had removed a large portion of a guard rail on a turn. Later Ki Emler said Bolton shouldn’t have removed the guard rail because it was never revealed on the plans. He also said that Bolton should have obtained a grading permit for the mauka approaches to Lots 4 and 6 because according to our inspector the fill exceeded five feet in the height, therefore did not qualify for permit exclusion. An th investigation was generated by Public Works. On November 19 I requested a copy of the final report. On February 25, 2015, the Corporation Counsel, Self, determined that my request was denied in its entirety by applicable statue, HRS 92-13(3). Since this is a contested case, these findings should be made public since we are doing a continuance, and that this information be made available. And to this day, the guard rail has never been replaced on the turn. 8 EXHIBIT D