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Home My WebLink AboutCOM 0438.055 2002-2004V a n P E DATE: TO: FAX NO: REFERENCE: FROM: N I S DECEMBER 26, 2003 JONATHAN DURRETT 533-4399 S M I T H & V A N C I L Testimony to Hawaii Planning Commission 1117 /\ tl:�r/\ M 2 DINOR NUMBER OF PAGES INCLUDING THIS PAGE: 10 COMMENTS: For your information. The pages comprising this facsimile transmission contain confidential information from this law office. This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. ATfORNQYS AT LAW A LAW CORPORATION MARKVan PERNIS - DAVID E. SMITH - GARY W. VANCIL - JEANNE L. O`RRIEN 75-167 F Hualalai Road, Suite 6, Kailua-Kona, Hawaii 96740 -Telephone: 329-3551 - Fax: 329-6185 - E -Mail vsv� a a S Comm. No. Ref. To, Pres��t�1t4� Ref. Date MARK VAN PERNIS October 29, 2003 COUNTY OF HAWAII PLANNING COMMISSION COUNTY OF HAWAII PLANNING DEPARTMENT Aupuni Center, Suite 3 101 Pauahi Street Hilo, Hawaii 96720 KRISTI VAN PERNIS Re: State Land Use Boundary Amendment Application (SLU 03-007) Request: Agricultural to Urban Change of ZoneApplication (REZ 03-018) Request: Agricultural (A -5a) to Single -Family Residential (RS -10) Applicant: Nani Kona Aina, LLC Tax Map Key (3) 7-5-010:066 Dear Hawaii County Planning Commission: In that neither I nor my wife Kristi Van Pemis can attend the Friday, November 7, 2003 Planning Commission hearing on the above referred to matter, please accept this as our written testimony, and provide copies to the Commission members and staff. I. Introduction My wife and I are owners of a lot in the Keaolani subdivision, which adjoins the subject property on its mauka side. Keaolani's access road is approximately across the street from the proposed access road for the proposed subdivision of the subject property, so that a four way intersection could be the result of the applicant's proposed subdivision. Keaolani subdivision includes TMKs 7-5-11:2 and 28 through 35, with our lot being 7-5-11:34. Neither the Keaolani subdivision nor the intersection mentioned above is shown on the maps provided by the applicant's representative. Those maps also don't show the large Kailua View Estates subdivision, which adjoins the Kona Heights subdivision, and uses the same streets to access Kuakini highway as does Kona Heights subdivision. Those maps also don't show Keaolani subdivision and several other subdivisions or planned subdivisions in the area. Properties on the mauka side of the Heinaloli Road (the old railroad bed), such as TMK 7-5-12:16, are to be subdivided soon, and would also use those same streets. It is my understanding that Mr. Bolton, principal of the applicant here, is the principal of the entity which intends to subdivide TMK 7-5-12:16, and burden the same streets with its additional subdivision's traffic. Il. Access To Kuakini Highway Will Be Overburdened Kailua View Estates' Nam Kailua Drive and its single intersection at Kuakini highway was never intended to handle more than the Kailua View Estates subdivision. It was not even intended to handle the Kona Heights subdivision traffic that uses it now. Kona Heights had its own access, different and separate from the Kailua View Estates subdivision. When the State improved Kuakini highway and made it a limited access highway, the Kona Heights access road was blocked, forcing Kona Heights traffic to use the Kailua View Estates access road and Kuakini intersection. The addition of the traffic of the proposed large subdivision of the applicant, as well as all the other traffic referred to above, onto Kailua View Estates' Nani Kailua Drive and its intersection with Kuakini Highway, will overburden those streets and intersection, causing untenable public expenses and safety issues. There have been many accidents there, including pedestrian fatality. Note that Nani Kailua Drive has no sidewalks, curbs, gutters, nor parking signage. That increase in traffic will denigrate the value of the Kailua View Estates property. The applicant should be required to find a different access to Kuakini highway and/or substantially improve the Kailua View Estates access road it wants to use, and its intersection with Kuakini Highway. The applicant could do so through property it controls, being TMK (3)7-5-10:65. 7 III. Heinaloli Road Inadequate and Overburdened The applicant's proposed subdivision apparently wants to use Heinaloli Road (the old railroad bed) as its primary access. This road is merely a jeep trail from the south to and along the top of Kailua View Estates, and then a narrow one lane road from Kailua View Estates to Kona Heights subdivision, and then an agricultural standard road from that subdivision to Keaolani (an agricultural subdivision) and the applicant's property. It does not have curbs, gutters or sidewalks, nor shoulders. There are no facilities for school buses. The Heinaloli road is clearly inadequate and unsafe for the applicant's subdivision to get access to Nani Kailua Drive and its intersection with Kuakini Highway. That situation will be made worse by the subdivision of property on that Road's mauka side, such as by Mr. Bolton of TMK 7-5-12:16. If Heinaloli Road is to be made a major urban street serving hundreds of residential lots (which appears to be its near future), the applicant should be required to improve it to those standards and/or create other access to Kuakini highway for the subdivision over TMK 7-5-10:65 or elsewhere. A separate turn lane into and out of the proposed subdivision should also be required from Heinaloli Road. It is likely that Heinaloli Road will be extended over the old railroad bed north toward the Palani Road to service more urban development, and that should be considered now. It is obvious that the areas makai of and adjoining the applicant's property will soon be urbanized and subdivided, being 7-5-10:65 and areas to its north. It is my understanding that this property, 7-5-10:65, is controlled by the applicant through a trust, with his attorney, Mr. Robert Triantos, Esq. as trustee and involving his accountant Mr. William Wong, CPA. The entire area along Heinaloli Road from Hualalai Road to the South, and towards Palani Road has been urbanized and subdivided or will be soon. IV. Area Maps It appears that the maps supplied by the applicant's agent do not provide the entire and accurate picture of the area, adequate for the Commission's full understanding of the region and of the several potential impacts of this application. Enclosed is a map, not to scale, that may be helpful in that respect. I V. Inspection is Necessary An inspection trip to the area is necessary. The Commission should do so before making any decisions. VI. Reeional Plan It is obvious that all the lands on the makai side of Heinaloli Road down to Kuakini Highway, north to Palani Road, and south to Hualalai Road have been urbanized, are being urbanized, or will be urbanized. In addition, subdivision of the lands mauka of Heinaloli Road has occurred or will be occurring. Many of these subdivisions are in place already, such as Keaolani. It is more than obvious that the Kailua View Estates' Nani Kailua Drive, its Kuakini Highway intersection, and Heinaloli Road weren't intended to and can't handle all this traffic and development. A regional infrastructure plan is necessary before any more development takes place in this area. The Commission should do its job, to plan for the region, not merely approve on a spot to spot basis with short-term "band aid" approaches, without long term regional planning. Please provide me with notice of this matter's future activities. Thank you for his opportunity to provide testimony. Copies to: All Keaolani Owners Councilman Curtis Tyler Mayor Harry Kim j MARK VAN PERNIS 75-167F Hualalai Road, Suite B Kailua-Kona, Hawaii 96740 4 S�l a-CNI 5 H.wdn County - Profile n!I Home Property search RECORD DETAILS Owner Address Parcel Number Parcel Data 750120160000 Sales Advanced 10/29/03 10:26 r HELP CONTACT US County > State Data Copyright Hawaii County [Disclaimer] Last Updated: 10/24/2003 y Site Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. hup://www.hawaiipropertytax.cum/Datulets.arp?n,n,, PSearch&submnu=Profile&pin=950120160000&tp=5&cp=1 Puce 1 of 1 NA BOLTON BARBARA F TRS Permits CURRENTRECORD taw Residential Parcel Data Site Address rrgg xvt0f8 ®fS Unit No Return To Search Result, Commercial Property Class AGRICULTURAL net. structures Zoning AGRICULTURAL 1 ACRE Sket& Owner Values Owner Address City State Country Zip Code Tax Bill BOLTON,DANIEL B 2009 Tax History BOLTON,BARBARA F TRS Gnj Print This zooz Tax History BOLTON,FRED A TRS 2001 Tax History BOLTON,FRED A TRS P O BOX KAILUA HI E3 Email This - ETAL 898 KONA 96745 2000 Tax History BOLTON,JANETT 1999 Tax History Map Data Copyright Hawaii County [Disclaimer] Last Updated: 10/24/2003 y Site Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. hup://www.hawaiipropertytax.cum/Datulets.arp?n,n,, PSearch&submnu=Profile&pin=950120160000&tp=5&cp=1 Puce 1 of 1 Hawaii County - Account Search I„ t Home Property search Owner Address Parcel Number Advanced 10/29/03 1025 . HELP CONTACT US Parcel Number 75012016 search Search Tips Search Enter the Parcel Number WITHOUT the island number or dashes. Click on the parcel id in the left column for details. Search for Account: 75012016 Results 1-5 of 5 Parcel ID Owner Situs Address 750120160000 BOLTON BARBARA F TRS NA 750120160000 BOLTON DANIEL B NA 750120160000 BOLTON FRED A TRS NA 750120160000 BOLTON FRED A TRS ET... NA 750120160000 BOLTON JANET T NA Results Page: [1] EM Print This 0 Email This '�tlrr Data Copyright Hawaii County [Disclaimer] Last Updated: 10/24/2003 .3b Site Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. County > State h¢p://www.hawaiiproperlywx.corn/AccounlSearch.asp?mm=PSearch&subuvm=Account&IRmn,&flag-=&head=&noli.tmanager--&cookieCheck=&Dela M5012016&Page= Page I of I 1 Hawaii County - Profile 1 I� Home Property Search RECORD DETAILS Owner Address Parcel Number Parcel Data Advanced Data Copyright Hawaii County [Disclaimer] Last Updated: 10/24/2003 Site Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. hap //www.huwaiipropetlytax.con✓Dmalets.asp'!mvu=PSeeroh&smbmnu=Prulila&pin�150100650000&[p=I&cp=1 10/29/03 930 . HELP CONTACT US County > State CURRENTRECORD Return To Search Result Print This 0 Email This Paye 1 of I 9 750100650000'• 2003 T. History Sales 2002 Tax History TR TRS ETAL 75-5591 HI 96740 KONA NA TRIANTOS ROBERT D TR Permits 2000 Tax History arm Parcel Data Map Residential Site Address Unit No Commercial Property Class AGRICULTURAL - Det Structures Zoning UNPLANNED Sketch Owner Values Tax Silt Owner T Address City State Country Zip Code Data Copyright Hawaii County [Disclaimer] Last Updated: 10/24/2003 Site Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. hap //www.huwaiipropetlytax.con✓Dmalets.asp'!mvu=PSeeroh&smbmnu=Prulila&pin�150100650000&[p=I&cp=1 10/29/03 930 . HELP CONTACT US County > State CURRENTRECORD Return To Search Result Print This 0 Email This Paye 1 of I 9 C/O 2003 T. History TRIANTOS,ROBERT D WONG,WILLIAM L KAILUA 2002 Tax History TR TRS ETAL 75-5591 HI 96740 KONA PALANI RD STE 2001 Tax History 201 2000 Tax History 1999 Tax History Map Data Copyright Hawaii County [Disclaimer] Last Updated: 10/24/2003 Site Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. hap //www.huwaiipropetlytax.con✓Dmalets.asp'!mvu=PSeeroh&smbmnu=Prulila&pin�150100650000&[p=I&cp=1 10/29/03 930 . HELP CONTACT US County > State CURRENTRECORD Return To Search Result Print This 0 Email This Paye 1 of I 9 Haaaii Comity - Sales Home Property Search RECORD DETAILS Owner Address Parcel Data Sales 750100650000 NA Permits a ° Sales Parcel Number Advanced TRIANTOS ROBERT D TR Resdenbet Instrumental Sale Recordation Land Transfer Commercial Date Amount Date Instrument # Court Certificate of Doc# Title# Det structures 05/07/2002 $175,000 12/27/2002 02-232638 Sketrn 01/23/2002 values 12/22/1994 03/21/1995 9500037875 11/06/1987 01/07/1988 0000000000 Tax Bill 2003 Tax History 1 2002 Tax History 2001 Tax Hsbry 2000 Tax History 1999 Tax History Map —.r� Data Copyright Hawaii County [Disclaimer] Last Updated: 10/24/2003 .3s Slte Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. hap://www h awai i propertytax.cora/Data letsasp2gsp=sales hawoii&mnu=PSeai ch&submnu=Sales&pin=750100650000&cp=1&tp=1 10/29/03 10:25 HELP CONTACT US County > State CURRENT RECORD Return To Search Result. Print This 0 Email This Page I or I 9