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HomeMy WebLinkAboutCOM 0708.002 2004-2006 To: Chairman Stacy Higa and Council Members Hawaii County Council From: Margaret Wille, Resident of Waimea Date: March 22, 2006 RE: BILL 234 (and corresponding Resolution 265-06) Waimea Transportation Circulation Plan Chairman Higa, Members of the County Council: Thank you for the opportunity to comment on the Waimea Transportation Circulation Plan Resolution and the funding for this Study. I have two requests regarding this circulation study. I ask that: 1. the Waimea mini-bypass Connector Road be considered in this analysis as one of the possible short-term projects available to address Waimea's traffic crisis, and not be relegated to the back burner long range future needs portion of this study; and, 2. Since the framework for the consultant's analysis of both short term and long range traffic projects will largely depend on the Planning Department's pending interpretation of Parker Ranch's Connector Road r~ concunency requirement, I ask that this Council review the Planning Department's proposed interpretation - or reinterpretation --of that requirement. I. REQUIItE INCLUSION OF BOTH LEGS OF THE PROPOSED CONNECTOR ROAD (WAIMEA MINI-BYPASS) AS ONE OF THE POSSIBLE SHORT TERM ACTION PLANS The proposed Circulation Study, which Bill 234 will fund, is designed to identify both short and long-range projects to implement a regional plan to address the Vaffic crisis in Waimea. I want to make sure that the Waimea Connector Road -both the County's Lalmilo section of that road and the Parker Ranch Waimea Center section --is addressed in the short ranee section of the study, that is, as a project that could be completed within two years following completion of this Circulation Plan Study. Members of the Waimea community have been working to make the Connector Road, formerly called the "Waimea Bypass", a reality since 1965. Plans for this road -both the Parker Ranch section and the County's Lalamilo section have been part of the Waimea Community Plans since 1977 (1977 Waimea Urban Design Study, the 1986 Waimea Design Plan, and the 1993 Main Street Plan). An alignment for the entire road is already in place. Likewise the 2005 County General Plan mandates that this Connector Road be completed to address Waimea's traffic congestion. [Although I understand that provision in the General Plan is proposed for modification by the Planning Department in a way that would undermine this important County mandate!!] Comm. No. 708. Ref, To~r~awr >i,i1, Cars „ti Belt Collins is working on the Environmental Assessment of the County's Lalamilo section of the Connector Road -which Assessment should be completed within months. I understand that study is including an an alternative alignment connection at Kawaihae Road which could combine the entrance to the transfer station and the entrance to the Hawaiian Homes Lalamilo subdivision along with the Connector Road intersection. Some Lalamilo farmers aze also lobbying for the road alignment to be moved to the abutting Parker Ranch Puuopelu land along the Lalamilo farm lots. Presumably the Belt Collins study will assess those two parallel Lalamilo road corridors. THE WAIMEA COMMUNITY IS IN A WORSENING TRAFFIC CRISIS. WE WANT THE CONNECTOR ROAD BUILT IMIvIEDIATELY-WITHIN THE TWO YEAR WINDOW FOLLOWING COMPLETION OF THIS CIRCULATION PLAN ALONG WITH WHATEVER IN TOWN PROJECTS ARE CONSISTENT WITH IIvIIviEDIATE CONSTRUCTION OF THIS ROAD. WE ARE TIRED OF THIS PROJECT BEING STUDIED AND SHELVED. II. REQUIRE THAT PARKER RANCH COMPLETE TI'S SECTION OF THE CONNECTOR ROAD AS PART OF TIS PENDING LUALA'I 3 SUBDIVISION APPROVAL: THE COUNTY COUNCII. SHOULD REVIEW ANY PROPOSED INTERPRETATION OF THE ORDINANCE THAT WOULD ALLOW PARKER RANCH TO AVOID FULFII,LMENT OF TTS ROAD INFRASTRUCTURE REQUIREMENT As part of its 1992 rezoning approval to develop the 300 plus acre Waimea Center 2020 project, Pazker Ranch was required to construct its portion of the Connector Road from Mamalahoa Highway by the rodeo grounds to Kamamalu Street by the police and fire stations. Initially Parker Ranch was required to complete the entire road, then called the arterial road, before receiving approval of any residential subdivision or any portion ofthe commercial development whichever comes first. [Ordinance 92-65] In 1996 Parker Ranch requested modification of that infrastructure requirement so that the road would not have to be constructed prior to mazketing any of this development. Instead Parker Ranch requested to incrementally complete this road "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." [Letter dated 4/9/96 from Parker Ranch to the Planning Department] In spite of objections from the Waimea Police Department and others, Parker Ranch's request to modify the road concurrency requirement was granted in Ordinance 96-117. Now 10 years after that Ordinance modification, and in spite of all of the Waimea Center development, NONE of the connector road has been completed by Parker Ranch. Instead at this time Parker Ranch is lobbying the Planning Department to change its Preliminary Subdivision road requirement and allow Parker Ranch to proceed with the next phase of the Luala'i subdivision without being required to construct any portion of the Connector Road -not even that portion of the Connector Road that abuts the Luala'i Phase 3 development from Mamalahoa Highway to Lindsey Road. The revised Parke Ranch 1996 ordinance #96-117 requires completion of the Connector Road infrastructure "in conjunction with the development of immediately surrounding areas" to each of three phases of the road. Parker Ranch now has - or with its Luala'i 3 Subdivision will have development in immediately surrounding areas to all three phases of the Connector Road corridor. If the Planning Department caves in again to Parker Ranch on this road requirement it will cost the taxpayers over 13 million dollars. This County Council should immediately review the Planning Department's interpretation (or misinterpretation) of this road concurrency requirement. PLEASE USE THE 9.6 MILLION DOLLAR COUNTY BOND FUND TOWARDS THE COUNTY'S LALAMILO SECTION OF THE ROAD AND RELATED IN- TOWNPROJECTS; AND REQUIItE THAT PARKER RANCH PROMPTLY COMPLETE ITS SECTION OF THIS CONNECTOR ROAD III. RELEVANT LEGAL PRECEDENTS If the County caves in and allows Parker Ranch to avoid its Waimea Center infrastructure road requirement, the County will be engaging in the same type of conduct that Judge Ibana admonished the County for in the Hokulia case. Also the recent case of Kienker vs Bauer, dealing with the County's liability for failure to provide safe roads, is here applicable. The Connector Road alignment is in place and in theory there is funding available for this road, assuming Parker Ranch is required to complete its own section. Failure to complete this road within a feasible time framework - of two years -could well lead to the County being held liable, to some extent, for accidents that result in part from the traffic congestion in Waimea. IV. CONCLUSION Please do whatever you can to see that the Waimea Connector Road - is studied by Parsons Brinkerhoff as a "short term" action plan to address the Waimea traffic crisis and is in fact carried out within the two year period following completion of this circulation study. Also require that Parker Ranch complete its section ofthe Connector Road within this same time frame. In the Council's current handling of the pending KPC Villages rezoning application involving a connector road from Ali'i Drive to Kuakini, the Council is seeking completion of that road within an 18 month framework~ven though it may involve complex negotiations with Kamehameha Schools and eminent domain proceedings. Please pursue completion of the Waimea Connector Road with the same resolve.