HomeMy WebLinkAboutCOM 0452.016 1996-1998 Y?+..«
SEAMOUNT ENTERPRISES LLC
Ka'awaloa Orchards ~ ' i l
October I, 1997 C,~,
COMMUI~IITY RELATIONS re ROADWAY MITIGATION
1. June 3, 1997 letter from Engineer Leo Fleming to Sally Rice regarding proposed
roadway and sketches.
2. August 7, 1997 letter from Christopher Nome to Eric Curtis confirming Curtis'
undertaking to chair the proposed roadway management Limited Liability Company.
3. Larry Ford's August 8, 1997, written testimony at the Planning Commission hearing
on Seamount Enterprises LLC's application.
4. August 25, 1997 letter from Sally Rice to neighboring real property owners
concerning the issue of speed on the private roadway.
5. September 5, 1997 letter from Christopher Nome to neighboring real property owners
concerning roadway design details.
6. September 5, 1997 letter from Larry Ford to Christopher Norrie re roadway issues.
7. September 26, 1997 letter from Christopher Nome to Larry Ford regarding roadway
issues.
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Ref. 4`0: PresentEUl~.,.~!~ '
Ref. Date ~ I ~5 199A
LEO I. FLEMING P
P.0. Box 396
Kailua-Kona, Hawaii 96740
329-2141
Sally Rice
Seamount Enterprises LLC
P.0. Box 5458
Kailua-Kona HI 96745 -
Re: Proposed Ka'awaloa Orchards Agricultural Project District
Dear Sally, June 3, 1 997
Regarding the concerns about- the roadway for the proposed Ka'awaloa
Orchards Agricultural Project District crossing portions of Lots 46
through 76, the following is being proposed:
1) The existing road (previously designed by me) between lots 4B
and 5B will remain in its present form.
2) A similar standard will be continued between lots 66 and 76,
1 6 feet of pavement in a 20 foot graded right of way.
3) The road will be engineered for and posted at a 1 5 mph speed.
The impacts of this proposal are significantly less than that of a County
Standard Road, which the County could impose and for which Easements Al
and A5, as shown on the attached subdivision map (exhibit "B") have been
specifically reserved. I understand that further cut slope fill easements
have been reserved over 66 and 7B.
I have prepared a sketch (exhibit "A") of typical cross sections of both the
proposed road and the County Standard Road for comparative purposes.
I also include a preliminary sketch of the cut and fill necessary for the
proposed extension of the existing road engineered for 1 5 MPH. The cut
and fill for a County standard road would be much more extensive both
because of the greater width and because it would have to be engineered
fora 25 MPH speed which would require a substantially greater degree of
grading.
Regarding the suggestion of speed bumps, I am unwilling to include these
on my drawings for liability reasons. I do not believe that the Department
of Public Works will accept them and I point out that the same risk of
liability could extend to the lot holders on which such speed bumps might
be located. They are not a practical alternative.
Speed will be naturally reduced by the narrower 1 S MPH design of the
proposed road. Speed can be further reduced by extensive use of signs
such as Private Road, Children at Play, and 1 5 MPH. I am willing to
include these in my drawings. If the 1 5 MPH design speed is accepted,
I will have some flexibility to design a road which encourages caution
while maintaining sound engineering practices.
Please be assured that I will be personally supervising the implementation
of my work. This will include the eventual layout in the field, and
consultation with the lot holders regarding the mitigation of any
construction impacts. Should you or any of the lot holders have any
further questions, please do not hesitate to contact me directly.
Yours incerely,
eo Flemm''
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Seamount Enterprises LLC
Registered to do business to Hawalt as
Ka'awaloa Orchards
P.O. Box 339 Telephones (808)
Captain Cook, 323-2933, 936-4808
Hawaii 96704 Fax (808) 325-1441
Eric Curtis
owner TMK 8-1-09-31
Dear Eric, 8-7-97
This is to confirm our conversation yesterday evening.
The Planning Director's conditions for the proposed A.P.D.
require and Seamount will comply with:
1) a drainage study and "drainage requirements if
required meeting with the approval of the Department of
Public Works".
2) the proposed road shall comply with "the
applicable grading, driveway, drainage and roadway
standards of the Department of Public Works".
I appreciate your undertaking to chair the proposed
roadway management Limited Liability Company, which I
believe is in everyone's mutual interest.
As chairperson, I think it would be appropriate for you to
review the draft engineering plans of Leo Fleming P . E . ,
and work with the contractor during implementation to see
that all reasonable steps are taken to mitigate any
impacts on the easement area.
Yours incerely
i
Seamount Enterprises LLC
by its Manager
Christopher Norrie
cc. Planning Department
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Lam Ford, surrounding property owner, not against the development but did have very serious
concerns about the road, difficulty geriag on Napoopoo Road from that road, especially if there's
anv t: affic. If several people get together and have to stop at the stop sign and [hen get onto
Napoopoo Road then it's very difficult with speeding that goes on down there. I['s 25 mph but we
see few people going that speed. If there's a way of controlling that traffic a little bit better that it
would be safer for children along that private road. He knows putting 15 mph speed limit would
notify responsible people that drive un and down there but there's no enforcement of speed limit
and he did not know what could be done about it. There are children who play on that road and
he's concerned about them. Drainage problems along the road but Sally Rice said there was ways
they will mitigate problem along that road. Five homes on that narrow road and now opening uo
to at least 6 more homes which will be quite a bit of traffic and what he is concerned about is
there are other lands that aze owned by the same Corporation and if they want to open it up later
he was concerned about the traffic that will be on that road. It's steep road and dif&cult to get
from that road to Napoopoo Road and just coace_'rted, you can't see up and down road very easily
when you pull out and it's going to be even more dangerous with more people. He said if
Kaawaloa Road were to be developed it would take a lot of the pressure off this particulaz road.
So his concerns primarily are any future developments and the unknown restrictions also on the
new homes. They have some very voluminous restrictions on homes existing now and he hasn't
seen anv For the other homes. He hopes it will be at least as strict. He had to get approval from a
majority of other landowners before he could build his house. So he felt it was reasonable that
that restriction still applies even to these new ones. So, again, he is not opposed to development
at all but just very concerned about safety along that road and the children and ingress and egress
from Napoopoo Road.
~ i~~s ~e~
Sesmount Enterprises LLC
N~qN to do 6u,or w Hs~~u v
Ka'awaloa Orchards
P.O. Box 339, Captain Cook HI 96704
The Owners of Lots 4S - 7B:
Curtis, Ford, Freivalds-Allen, Lievens
TMK's 8-~-09-16, 3D, 31, Q 32
Hand Delivery
Ae: Agricultural Prc;ect District tRE2 67-9y
Dear Neighbors, August 25, !997
Since our various discussions last week, we have continued
our. pracL_cal and legal research as how to best address
your cercerns about limiting the speed en the private road
to the proposed 15 m.p.h. in the future.
we previously circulated to each of you the letter of
Leo I. Fleming, Professional Engineer, dated June 3, 199'1
{copy attached) in which he states that he will ,4p,~ include
°speed bumps"' on his drawings for reasons of professional
liability, and because it is not the County's present policy
to approve subdivision roads with speed bumps.
E'or these reasons and the substantial risk of litiga*_icn,
Seamount is not willing to install ^speed bumps".
The following two alternatives are proposed:
11 We appreciate that a11. of you seem agreeable to
~oininq the Limited Liability Company proposed Go maintain
and control the private road, and particularly Eric Curtis'
willingness to chair the formation of this "Road Company"
(a3 per our discussions and letter of 8-7-97). All the
t+resent lot owners must join for the LAC to functicn.
Once the proposed road extension is comgleted by
Seamount, signed off by the County and the entire private
road turned over to the Road Company, the Road Company has
the disczetion to do whatever it thinks prudent and
necessary. This would include the installation of "speed
bumps" which were professionally engineered and properly
installed.
We understand that the Public Norks Committee of the
County Council will shortly consider the adoption of
engineering standards-for speed bumps. The final adoption
of a "County Standard Speed Bump Qrdinaace" would be
extremely helpful to the Aoad Company. Using the "County
Standard" would remove the question of "proper engineering"
which is a major issue of liability tc *_he Road Company and
to the individual lot owner on whose land "speed bumps"
might be located.
2) Our engineer is willing to include in his
subdivision improvemer_ts drawings and Seamount is willing to
install arrays of "ceramic pavement buttons° approved by the
County and the State Department of Transportation, samples
of which are provided in white and yellcw.
Hundreds o£ these four inch ceramic discs would be
6iued to the finished zoadway with a special epoxy in
"arrays" several feet wide. They are specifically designed
to reduce speed and bring drivers attentior, to changing
conditions-
Froperly located arrays of these "ceramic pavement
buttons" will warn the public that they are entering a
private roadway and remind residents of the posted 15 m.p.h.
speed, without causing any potential hazard or liability.
This alternative should be given a fair trial as it may,
aicng with co~nunity resolve, prove entirely satisfactory.
This would not preclude latex action by the Road Company.
If we can be of any further assistance, please do not
hesitate to contact Sally Rice by telephone at 325-5550.
Yours Sincerely,
S
Seamoun~C~erprises LLC
by, Sa11y Rice,
Vice President
cc. Virginia Goldstein, Planning Director
?CTRL P.2~
;ep-07-97 12:50 S.P Inc_ 50t. 988 53fi0 P.03
Seamount Enterprises LLC
:<P;(1CR`r l'a1 Ire ,lu nU<10 ~c•, ul ~ILr.roall ;A:.
Ka'a~-valoa Urr.hards
I'. f. lice .i,;v Ictic~(thcn~l~ti Ifill}i)
(.u~~tuin t:~x>L. ;!~-5>>i l '):cl-~tiU;;
II~lwaii `)C17U~ I u~ t?il I,ti I 'S-I ~-ll
Eric Curtis (by fax)
Larry & Brenda Ford
Gunnar Freivalds & Barbara Allen
Andrea & Brian Lievens (by fax)
Dear Neighbors: September 5, 1997
Thank you all for the support that you have expressed to
me for the project in general. I also appreciate your
willingness to take the time to address the details
regarding the roadway.
On September, 3, 1997, I met separately and at length with
Gunnar Freivalds & Barbara A11en, Larry Ford Brian
Lievens and Eric Curtis. Please find below for your
further consideration the issues discussed:
1) Sighting Distance at the Napo' opo' o intersection:
As stated by Larry Ford at the Planning Commission, this
has been an acute problem. we are confident that the
County's enforcement of Section 22 of the HCC as per our
request dated August 29, 1997 will solve this problem.
2) Arrays of ceramic pavement dots: This is the only
present legal means of physical speed control. I think
that we should try these at the top of the road about
twenty feet in from the entry in conjunction with some
very graphic signage including: Private Road, Children at
Play, Speed Limit strictly enforced by residents.
I look forward to your views on this matter .
3) Speed Humps: As per our letter of August 25, 1997, and
Leo Flemings letter of June 3, 1997, neither Fleming, the
the County, nor Seamount will assume the liability of
installing speed humps at this time. However, once the
road improvements are finished and the control of the road
Sap-07-97 12:50 S. P. Inc. 50b 988 5360 P.04
handed over to the new Limited Liability Company, Seamount
will abstain from any vote which calls for the
installation of properly engineered and County approved
speed humps. The County Council has already voted to adopt
a speed hump ordinance. It is now up to the Department of
Public works to hold public hearings on the exact
engineering standard. This is just a matter of time.
4) Dips: I had a further conversation with Leo Fleming,
and he will use dips i£ the are necessary for drainage
purposes. However, he will not use them where their
intent is speed control because that would leave him open
to professional liability.
5) Drainage: It is a condition of the ordinance that a
drainage study be undertakell. Leo Fleming will undertake
this as apart of his road design.
6} Improvement of the existing road: The existing road was
made with #3 asphalt which is rough and usually used as an
underbake. It has much better traction and has not
noticeably deteriorated in the past ten years . My view is
that it would be counter productive to put a finish coat
of #1 asphalt on top. I do, however, think that the erigCs
and shoulders need some attention and that stop lines,
ref lectors and revised siynage may be in order at the
Napo'opo'o intersection.
7) Sight distance setback on the private road: The County
has mandated that 15 foot setbacks be preserved on each
side of the proposed 20 feet of grading. A portion of this
must be preserved as a sighting zone with low grass or
foliage. Blind driveways and bushes on the road from
which children can emerge without warning arc dangerous.
I look forward to receiving your views on this matter.
8) Seamount has agreed that if the project is approved in
its present form and onoe the Subdivision is complete that
it will relinquish its rights to further widen the road
and will therefore not use the road as a basis for any
further rezonings makai_ It is Seamount's intention to
give these road widening rights to the Limited Liability
Company.
9) The present Roadway Uee and Maintenance Agreement to
which Lievens, Ford, Frievalds-A11en, Curtis, Seamount sad
Norrie are all party is a covenant of record. It should
• .
Scp-07-97 12:50 S.P.S. Inc. 50F 988 5360 P.O5
be superseded with a new instrument of record which vests
the expansion rights in the LLC and obligates all lot
owners to join the LLC and pay dues for the support of the
LLC and the road.
10) Operation of the LLC : The advantage of the LLC is that
under Hawaii Law if there is a separate entity in which
control of a road has been wasted it is liable rather than
the landowner over whose land a portion of the road
happens to cross. There are many technical questions in
forming an LLC such as voting rights. I recommend that any
substantial change should require a super majority such as
75a. I would appreciate your views on thia and other
management issues.
11) Costs and assessments: It is proposed that each person
or entity would have one vote and be obligated to pay road
maintenance for each lot or lots in single ownership and
based on the proportion of the distance of the road used.
The costs of setting up the Road Maintenance Company would
be born by Seamount.
12) Implementation: Once again I appreciate Eric's
undertaking to chair the formation committee. I trust that
you understand that it is more practical for a single
person to work on the legal drafting and engineering
plans. He will of course report back to you and express
the views o£ the group. Eric has the longest practical
experienoe of living at Ka' ewaloa and a good grasp of the
legal issues. we have not always seen eye to eye but can
work together efficiently.
I look forward to progressing these discussions so that
the details of these issues and any related concerns you
may have can be agreed in a manner acceptable to everyone.
Beat R gards,
V ~
Christopher Norrie
Manager, Seamount Enterprises LLC
cc. Sa11y Rice
Leo Fleming
S F: Y1-11-97 14:05 S.P.S. Inc. 50F 988 5360 P•02
_ u 4 1
I
September 5, t897
i Searnaxtt F_nterpriset LLC
P.~. Box 339
Captain Cook HI 98704
Ra: Apncultural Projed District Application TMK (3) 6.1.09:18.19 and 21 and portions or (3) 8-
1.09 70. 22. 23 and 24. Ka'awaloa, South Kona. Hawaii
Attention- ChristopMr Noma, Pres+dent
Mr. Norris'
Thank you for meeting with me on September 3. 1997 to discuss concerns the neighborz from
lots 4B SB. 8B, and 76 have about the new subdivision below u: As we diacusced, soil
erosion, abrasion of the edge of the prvate road, the safety of going from our phvete road onto
Napo'opo'o Road, safety on the private road, the number of familiar uainp the private road
use and maintenance of the private road, conditions, covenants and restrictions on the new
subdivision and pig control are the main concerns of the neighbors.
You stated that a County Council member is requiring a study by the County of water runoff
control along the prnrata road. Tne County will detennlne what control mcasUrea must be
taken to avoid damage due to uncontrolled n,nott antl will determine the specifications of any
i measures that will De required.
When you widen the lower part of the private road, you offered to repair any damage to the
edges of the existing road and put a 2 foot witlo gravel athp on bath silos of the road. Wa
glady accept your offer
You told Brenda some time ago that H she felt that the road needed to Ita resurfaced, you
would ne glad to da it Brenda doe! feel that the road rter;dS to De resurfaced. 9renda found
out that the number 3 mix can be used to pave over a number 3 mix if a tacky layer is laid
down first. Sha got this information from Dan of Bolton Asphalt in Kailua (telephone number
329.8240).
You said that you are going to provrde a backhoe antl trtJCk tar Bean to remove enough
vegetation along Napo'opo'o Roatl that anyone waiting on the private road to go on to
Napo'Cpo'o Raad could wa far enough to he able tb gat on to Napo'opo'o R08d safely. Brian
said tnat he would accept your offer. '
You and I diseussed putting a sign on Napo'opo'o Road uphill from the private road that would
announce 'Caution•Emerging Traftie' or some other suitabte'pltrasinp.
The upper lot neighbors had a rtWetinq in the evening on 9.3-97 and one suggestion On lately
at the Napo'opo'o Road and the private road was t0 instal! a paved right turn lane on
NepO'opo'o Road going into the private road together with no parking signs along the npht tom
lane. Such a Idne would enhanrR Safety for tfaffic taming around at the private road and for
vehicles, especially slow vehicles turrtiny in t0 the privatA road. What are your thoughts on
This?
Sap-11-97 14:05 5_P.S. Inc_ u50 988 5360 P_03
p- 1
You agreed to put signs along the pnvate road. Signs that read 'SIOw-Chittlren At Play-75
MPH" would be a0roeeble.
You do not want to put in speed Dumps due to the liability Involved, but will fund a limited
liability company that wuld put to speed bumps after the subdivision rs wmpteted it a majority
of the people In the company want aplrted bumps at that time.
You do not want to put in water control channels auoss the private road. If the channels were
covered with grating, would you consider them?
Yqu offered to put a gate across the privste road to slow Ireffic down same and create a
'gated community'. Ths upper qt neighbors would not vbjt:ct to a Hate below their bts u you
want to put one in. Some of us have seen pates that are solar powered. remote contrdled and
have a pass code that can the input Dy guests. This type wowd cause the feast disruption ¦nd
require Mte least attention.
The neighbors ors concerned that there I:OUid Ds further development in addition to the
present requested subdivision that Could increase traffic on tt a road to undesired levels. You
stated that you would give tree access nghts to the private road end the attendant easements
(tM ful! 50 ieeQ to tae limited liability company. The neighbors approciaa your giving the
easements tq the company,
You agrood That as soon as tho conditions, covenants and restrictions have bean tleveigped
for the new subdivision you wowd seno me a copy.
~ We discussed you raadivating the pig fence to keep any pigs out of the neighborhood. How
is that progrosaing7 ' ' '
We approeinte your positive responses to our concerns. Wteastl let me know [hat your
understartdrng of our alscussion is ma same as mires.
Sincerely,
f ~ I
131$795 Nepo'op0'o Road
Captain Cook, HI 9t370~
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Seamvunt Enterprises I_:LG
Operations (d b. e.) ,~Gministratinn
Ka'awaloa Orchards &4 i Bellevue PIE :"s 08
KOA Fn:it, P.O. Box 339 Seat*.le, W.4 ?8 i02
Capta~.n C'xk. Hl 9ti'04 1'`e . (~06) 323-0653
(8C8;~ 33;-?9:,i Fay. (~G6) .i?5-5855
=arr1 Ford
1-135 N~~o' oz=c' o F.d.
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_ r7p^FCi dt°_ '_iOi:'_` '`_d~{i"1a' tPG ~~.1'.E -~~12 t°_LF?FiIiO^a
C_'!_.. P.n7ritlIIj .G ~1:3C.1a5. .rs de'~~ d1_.~ ~.lt. pot^t°
cort~a_r:ed in ;our _eti,er of 9--_:.9-9' .
I _^.rU _~,='.J3ru LG T^~eL'_P_y^ W1t_~ :v'J_i E:___C `:.il:'t1S aPd
C•l:r PI:J_ne'~'_" Leo ~ _a~ i rlg i rl l c': p i7',:;'.717E'.r tO fllrtFicr
L'•rilriC ti''. ivG~~W3}~ C:?S i':a i1 dei. C'. ~ $ '_I~iC yrG'an~~.
enc'_GSe a copy o` any fetter 13ria_i Lievens
:rr!-=-~ cieariy atrt~s wn~r Seamo.,: t :•rr..u:_d nor_ be
pa~'y tO a`t'y'tI11P_CJ Gam}'!°_'_' t`;oCl 3 "iCMtc^._I_~c~tP.~ C:OP.1Di.ett?
ci<C: p?i•In?.^~?I1C reinG Jal C_ P'_~ ~::':~C.'_:;)<i '.=i?^:~nt i!"OI'1
County lands.
Bes = i,~~ards,
U^~~
Chris~opher N;;rrie
:_C. .~8.i._~ Co
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