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HomeMy WebLinkAboutCOM 0708.003 2004-2006 Margaret Wille 65-1316 Lihipali Road Kamuela Hawaii 96743 Fax: 808-887-1489 Email: wi11em001@hawaii.rr.com Chairman Stacy K. Higa Hawaii County Council Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 March 18, 2006 Dear Chairman Higa: I am writing to request yow help to expedite construction of the Waimea mini- bypass [that is, both sections of the Waimea Connector Road: the "Parker Ranch" Section from the Mamatahoa Highway near the rodeo grounds to Kamamalu Street near the Fire and Police Stations; and the County's "Lalamilo" Section from Kawaihae Road near the Sandalwood Subdivision to Mamalahoa Highway --where it would join up with the Parker Ranch section]. This route will provide an alternative way through town and around the bottle neck at the Lindsey Road intersection (with connections at Kamamalu Street, Lindsey Road, and Kaomoloa Street (accessing Parker Ranch's several Luala'i subdivisions and the Public Elementary and Middle Schools). As the ambulance drivers, police and the fire department can confine, this mini-bypass is essential to the safety of this community as it will provide the only alternate route through town with access to all of the key intersections. [Recently, for example, on the day of the cherry blossom festival 5 ambulances were blocked from reaching the hospital, and according to one of those drivers, he expected there were grave results because of that prolonged delay.] Recently Councilman Pete Hoffmann pointed out to me that really it is only the farmers who have been vocal about the Connector Road, and that if the rest of the community wants the Connector Road (and not just more highway through town) then we must be more vocal. I explained to him that most people see there is a crisis and common sense tells them we need the connector road (without the need for any traffic study), and assume that the County is doing everything possible to see that this road is completed as quickly as possible. However since that does not appear to be the case, we are forming a Waimea Traffic Crisis Committee to address our community at large goal to get the Connector Road completed without further delays. To this end, I am writing to you. Last night, on channe152, I watched the County Council review a Kona development proposal involving the need to construct a road mauka from Ali'i Drive to Kuakini. Of paramount importance to you was the road concurrency requirement: that the developer complete the section of this connector road that was on that developer's property before any permit for occupancy be issued. I watched you and the other Council members challenge Roy Takemoto to expedite construction of the County's portion ofQ Comm. r+o. ~ v• Ref. To: reser~ R©{, Uate this road (with an eighteen month goal), even though the process would involve negotiations with Kamehameha Schools and eminent domain proceedings. I ask that you assist the community of Waimea by demanding that every possible measure be taken to ensure that both legs of this Mini Bypass Connector Road be completed with eighteen months. In February you graciously attended the Waimea Community Association and in your initial presentation expressed your staunch commitment to the State "Belt" Bypass from the east end of Waimea azound to the Kohala Coast. You also stated that Riley Smith, who is both President of the Waimea Community Association and Vice President for Land Operations for Parker Ranch, discussed with you the possibility of the County paying for the Pazker Ranch Section of the Connector Road using the County's 9.6 million dollar bond fund (that would otherwise be available to complete all or most of the County's Lalamilo section of the Connector Road). You may not recall, but I asked you about the fairness of the County paying for the portion of ^~~i:...,lthe Connector Road that Parker Ranch is already legally required to do. I also commented that you and all of the other County officials publicly express support for the State "Belt" Bypass but aze silent regarding any firm commitment to completion of the Waimea mini-bypass Connector Road -both the Lalamilo leg and the Parker Ranch leg. You answered my question and expressd your support for the Connector road and indicated that the County would have available the funds to do so. You also encouraged the community to continue to communicate with the Council about this issue. As it happened, the following day, the West Hawaii Today carried a story about yow commitment to completion of this Waimea mini-bypass Connector Road, and the article also included some of my comments. The following week, I was surprised how many people came up to me talking about your commitment to construction of this Connector Road. It was as if you had ivg en hope to our community. In my opinion, the reason it is easy for County officials to be supportive of the State "Belt" bypass (which is still many years away), and yet ignore the immediate desperate need for the Waimea mini-bypass connector road, is that County officials find it easier to side step controversial issues even if they are of supreme importance to the Communiity at large. In this case the exact alignment of the "Lalamilo" section of the Connector Road is controversial especially with the "Lalamilo farmer" constituency. You aze probably aware of this alignment controversy, but I will spell it out j ust in case. The way I see it: 1: THE LALAMILO FARMERS: The Lalamilo farmers do not want the Connector Road going down the north edge of their farmlands -even though that is where the County already has the right to an 80 ~Ct wide dedicated corridor for the Connector Road along the boundary with the Parker Ranch Homes property. Additionally there is a 20 foot easement for utilities. There aze approximately nine farm lots affected, each of about 20 acres. This corridor location would require a handful ofthese iot owners (I believe less than 5) to move one of their existing fields farther away from the road corridor. As you can imagine, with all of the new regulations and challenges facing the farming communities, the potential presence of the connector road adjacent to their lands would add one more taxing burden to deal with. To their credit, these farmers do acknowledge that there is a dire need for this connector road, but just don't want it on their land. One of the farmers, Roger Hirako, explained to me that the traffic in the center of Waimea is so bad that his parents are now afraid to drive into town. One elderly Lalamilo farmer also told me that the afternoon in-town traffic is so unbearable that he can not leave his farm to go home until after 6 pm. This elderly fanner said he hoped that those of us working for completion of the Lalamilo section of the Connector Road are successful before he is long gone. Consider also the plight of the farm workers on these fauns, some of whom travel from Hilo, and whose driving time includes an extra 30-45 minutes each way because of the traffic congestion in Waimea. In sum, the Lalamilo farmers are in a way the heart of this Waimea community, and even though their serious concerns could probably be addressed though on-site mitigation measwes, it is difficult to take sides "against the farmers" -even if that is what is in the best interest of the Waimea Community as a whole. 2. OTHER ABUTTING PROPERTY OWNERS: There is also general opposition from a handful of Waimea residents whose lots are adjacent to the proposed Connector Road corridor along with others affiliated with those residents, including realtors who sold the affected lots. They have raised several unsubstantiated environmental and site distance objections to the proposed alignments, but also argue generally that the Connector Road is not needed, and that adding additional lanes through the center of town in conjunction with the eventual construction of the State bypass will nullify any need for the Connector Road. Their position is abswd and naive in light of all of the current development in the immediate area of Waimea, but it is understandable that these lot owners would protest. These opponents are vocal on the South Kohala Traffic Safety Committee, and have repeatedly azgued their position to Public Works Department. 3. PARKER RANCH (in regard to the County's Lalamilo branch of the Connector Road): As the Lalamilo farmers readily acknowledge, if the Connector Road is not along the edge of their lots, the only other reasonable location is the parallel abutting corridor of land -now undeveloped -owned by Parker Ranch (which is in the vicinity of Parker Ranch's Lalamilo "estate lot" subdivision that received final subdivision approval in November of 2000, but has not been marketed. Informerly this Parker Ranch-Lalamilo alignment is refereed to as Lalamilo "alignment D". Any other alignment on the Lalamilo side of the Mamalahoa Highway further to the south would go right though the Lalamilo farm lands -which no one favors.; and, any other alignment closer to town would cut though existing developed properties. So, if the County is not willing to hold to the existing road alignment on the edge of the Lalamilo farm iots, that means negotiating with Parker Ranch or pursuing eminent domain proceedings. It is important to be clear here that if the Lalamilo section of the Connector Road is anywhere besides one of these 3 two abutting corridors, the road layout would not hook up with the Parker Ranch section of the Connector Road, would require that this cross town traffic be routed for some ways on Mamalahoa Highway before turning off onto the Parker Ranch section of the road, and generally would not make sense from a planning scenario perspective. 4. THE COMMUNITY AT LARGE: The position of most everyone else in the community is PLEASE FIGURE OUT SOME ALIGNMENT IMMEDIATELY AND GET THE CONNECTOR ROAD BUII,T!!!. Everyone with whom I speak recounts endless stories about how long it takes them to get their children to school here in Waimea or to their jobs in town. Merchants, such as those at the Parker Ranch Square shopping center, point out that the traffic in-town is so bad that tourists no longer want to spend an afternoon shopping in Waimea. Day after day the general population suffers through this traffic congestion -which could be addressed by way of the Connector Road, ifthere were political leadership in the County to get it built immediately. There is an Environment Assessment in progress by the Consultant Belt Colllins regarding the Lalamilo portion of the Connector Road, which study should be completed within months. I understand, that analysis is focusing on whether to use the originally proposed hook up to the Kawaihae Road just below the Sandalwood Subdivision; or alternatively whether to try to combine this intersection with the entrance to the Transfer Station and possibly also to the Lalamilawaiian Homelands Subdivision going in to the south -which I believe will have ov 000 homes when completed. Pazsons Brinkerhoff is also conducting a traffic analysis in Waimea. I only hope that these two consulting groups carry out their responsibilities in a manner that is not subject to political sway, and that they focus on the solutions that are consistent with the needs of the community as a whole, and take into account the urgency of the situation. THE PARKER RANCH SECTION OF THE CONNECTOR ROAD ON THE EAST SIDE OF MAMAL,AHOA HIGHWAY The status of the "Parker Ranch" section of the Connector Road is a separate issue unto itself, dependent upon the legal interpretation of County Ordinance 02--25. Based on my reading of that ordinance, Pazker Ranch should now complete the entire Parker Ranch Section of the Connector Road or have fixlly bonded the funds to do so along with its pending subdivision approval for the Luala'i Phase 3 Subdivison -which subdivision wilt abut the Parker Ranch Connector Road corridor from the west end Mamalahoa Highway intersection to the Lindsey Road intersection. The County Ordinance 02-25 requires that Parker Ranch complete its section of the Connector Road located entirely within its Waimea Center 2020 development in three phases-each phase to be completed "in conjunction with development in the immediate surrounding areas". As part of its Luala'i Phase 3 Subdivision, Parker Ranch (and as a joint venture with Shuller Homes: Kaomalo LLC, which is represented by Sidney Fuke), there is now or is proposed development not just in the" immediately surrounding areas" to Phases 1 and 3 of the Parker Ranch section of the Connector Road, but there is ft development immediately adjacent to the Connector Road corridor. Likewise there is already development immediately adjacent to the Phase 2 section of the Connector Road, including the Holoholoku Housing Development. At this time PazkerRanch/Kaomalu LLC has preliminary approval for its Lualala'i Phase 3 Subdivision which project extends from Mamalahoa Highway by the rodeo grounds to the Lindsey Road extension. This project site is shown on the Luala'i 3 subdivision plan dated March 22, 2005. The pertinent provision of the Subdivision approval provides that ""Condition M(1)(bl - construct that portion of the connector road abutting the proposed subdivision in a manner meeting_with the approval of the Department of Public Works". I enclose copies of the relevant pages to Ordinance 02-25 and the relevant portion of the Subdivision Plan and Parker Ranch's "Connector Road Phasing Plan" for the entire 2020 Development. Yet to my surprise at the Waimea Community Association meeting you explained to the community that you had met with Riley Smith to discuss using the County's 9.6 million dollaz bond fund for construction of the Parker Ranch section of the Connector Road and you advised that he had given you a tour of the road corridor - or something to that effect. I found the suggestion that taxpayer dollars be used for Parker Ranch's section of the Connector Road particulazly offensive since that would mean these funds would not be available for the County's Lalamilo section of the Connector Road. It also makes me angry because, as I said at that Community meeting, it is as if Parker Ranch is holding the County hostage concerning this road -even though in 1996 the County in good faith allowed Parker Ranch to modify the development Ordinance so that Parker Ranch would not have to put in this arterial road before marketing any of this entire Waimea Center project. A week ago, I met with Riley Smith to find out how Parker Ranch seemed to be weaseling out if its obligation to construct this portion of the Connector Road. I went over the pending subdivision Luala'i Phase 3 infrastructure requirement -which I assumed they intended to complete by Mazch of 2008. Riley said that the Planning Depaztment was going to change the wording of the Subdivision approval and that the Planning Department was going along with his interpretation of the development Ordinance -which, as he explained would not require any action on the Connector Road unless and until the Ranch builds 300 single family or multifamily units in the RS and RM zones. I told him that no Court would concur with his interpretation, and that it contradicts the plain meaning of the Ordinance. I argued that at least Parker Ranch should immediately complete the section of the Connector Road running along the edge of the Laula'i 3 subdivision as shown on its Project Site approved plan, which section of the road would provide the key link from the south end of Town to the Post Office, Public Schools and the Parker Ranch Shopping Center --without going through the Lindsey Road bottleneck. I did acknowledge that if however the County does not hold Parker Ranch to the explicit terms of the Ordinance, I could understand that they would not argue to the contrary. In brief, Riley misstates the road concurrency requirement and everyone including those at the Planning Department seems to have simply accepted the Parker Ranch rendition of the relevant milestone for this infrastructure requirement. When I later spoke 5 to the Planner who was involved with Parker Ranch's subdivision application, he confirmed that he had not reviewed the specific language in the Ordinance until I brought it to his attention, and had simply accepted Riley's characterization of the infrastructure requirement. Last week I also met with Bruce McClure who indicated that he too assumed the County was going to have to build the Parker Ranch section of the Connector Road and for that reason felt at liberty to advise the Lalamilo farmers that they need not worry at this point because none of the 9.6 million dollar bond fund would be available for the Lalamilo section of the Connector Road (since he assumed these funds would be used for the Parker Ranch section ofthe road, along with some in-town mitigation measures). I have written to Christopher Yuen at the County Planning Department and to Mayor Kim, discussing this legal issue. It is my position that if the Planning_Department is eoinQ to reintemret this infrastructure reauirement in the Ordinance, this matter should come before the County Council, and would require Corporation Council and Mayor Kim to concur. The impact of this determination is crucial considering that if the County does not hold to the plain language of the Ordinance and instead "caves in" to Parker Ranch's incorrect interpretation, it will cost us taxpayers 13 million dollars. As you can see we need more than our fair share of political leadership. You aze the only County official who has publicly voiced his commitment to the expeditious completion of the Waimea Connector Road project. Please do whatever you can to ensure that the Connector Road is completed as soon as nossible. I hope this letter, giving you my view of the political "lay of the land", may be of help. preciatively ~ I t IVI Marga t Wil e Cc: County Council Members Mayor Harry Kim (without enclosures) Christopher Yuen, Planning Department (without enclosures) Roy Takemoto, Department of Transportation Ronald Tsuzuki, State Department of Transportation 6 k-i i i ~C 1._ _ 6n-. t~ ~'.,r- Home Planning Process About Us Volunteer Newsletter What's New Mamalahoa Hwy-Kawaihae Rd Connector Project ~ _ - t~ ~ ~r. x Issues a~ ~ ~ ;~":~3 , ~ ~ ° , Land Use i _ y=t.i~.~';~.'y.yx~a, T..;._r~w?~ol. ~ • `i..^ µ _ ' Roadways •n.m.a.e-~~ 1 w,ra,J , ~ Housing - Altynn••ogb•~br ~ ~ .mac: Wain@~ Affordabilit}, w.r.nw"'r*"'r"'"° ' l •Y~ ~1 Pedestrian o ` r Pathways ~ _ s't i. ,'F , M 1 Parks \ ~ J ~ Design ;re Natural I ' 4 i Hazards ri - ~ i Water ~ 1 Land Alternative Alignments for Mamalahoa Hwy-Kawaihae Rd Connector Road Conservation Funding CONTENTS • Introduction Schools • What Do Existing Plans Say? • Self-Guided Tour • Possible Issues • Public Meetings Resources Communications • Learning Center Our People Introduction Community Plans The Mamalahoa Hwy-Kawaihae Rd Connector Project will be designed using a portion of the $10 million that the County plans to spend on roadway improvements in the Waimea area. It is not State/County clear at this point when it will be constructed. The following consultants will be involved: Plans Belt Collins will be the engineering consultant. Contact information is: Land Owner Plans Jane Dewell, Project Environmental Scientist Belt Collins Hawaii Ltd. Smart 2153 North King Street, Suite 200 Growth Honolulu, HI 96819 (808) 521-5361 FAX (808) 538-7819 Tools jhdewell@beltcollins.com 4"'e~ V~-~ t Wl~ s of a.a m.. ~.Aht1I~c~Dle- ~cx UD'f`~'~Y~e---~ - 'r b Q,l ~rr~v~4-"I~" ~ . i ! . ~ . 1.~ ti a ~ ~ ~ ~ ~..e ~ y ; ,r a t / i~. \ ~ ~ n F C~ '\i I ~ . ~ .:ii^.~ -.yam e% / 1 ~ ~Ly. a 1•`+s~. i~1 l T~'j * .r F c 9 . ~ ~ - e roe • r noreerr uunoa ruevoara~ 6 6 05 auuecno causer ~~i n~~. Ce nr~.c,~a~ ~RX dap SI~6w~~?~~ro~secSl. ~,onYkc~et2 ~O0.eQ ~~~5~~~"~~~ C~~bn ~Jc~U 6'( 1 ,as s 7 ~ e ~ ~ ~ I ~ ~ ~ w ~ s H a. ~r ~ -~1.~`l~ I * ' ~ 1 I I ~ rid---~- E ~ ; 8 ~ N ' I ~ ~ ~ ~ ~ ~ ~ _ I ~ ' ~ ~ A Q i• ~ ~ ~ ~ ~ ~ ~ ~ 1 r ` ~s~. ' ~ d ~ 1 ~ ~I~ t ~ ~ ~ 1 ~ ,N ~ ~ ~ i 1i~ ~ ~ ~ ~ ~ ~ • ~ ~ ~ ~ 1 a n ~ 1 s ~=1 ~ = ~ ~ ~r 11 ~ ~ ~a ~ a n i n ~ ; n~ ~ a ~ , ~ a O ~ ~ :a ~ ~ ~ `.,tea . ~ a _ FEB-23-2006 THU 09:42 AN D, R, NORTON LD 9EPT, FAX N0, 808 537 6045 P, 40 ~ O ti~ i _ F !te 0~. ~ ` p E , ~ ~ o d • ~ ° N ~ ~ ~ QIIIII] tlS~ ~ ~ ~ ii R b? o OL.~ 1 p J o a Opa `d ' V F • ~ uuc:~ ? o (Sa ,o p p a ° y p d a~ ~ ~ ~ ~ , . ~ o po p ~OD pp p° F p : / pp w ~ 0 ~I f p pa ~ ~ J ~ ~ B' 0 ~j o i ~i ! l5 q ~Sa~ ESt 0 R~~ boa ~ t~, } ~ ~ ' i o q £ oFOFi.~iii i6~ FU op ~ ~ ~ ~ c.. . e : ~ "ram UYd~na~t~C~a-~o~~ 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 azeas, provided further, that Phase 1 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 hundr\edth (300`") residential unit/lot within the RS and/or RM zoned azeas. Phase 2 of the connector road shall be located between the Pu'ukalani Road extension and the northern intersection of the connector road with either Kamaznalu 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. Phase 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- vicinity of the Vacumn Cooling Plant, and shall be constructed in conjunction wi he immediatel surrounding azeas, 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 (57916) 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 applicant's fair share contribution of the road assessment required in Condition H, herein. The entire connector road shall be constructed to the standazds 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 aze 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. All lots shall gain access from interior roadways unless otherwise permitted by the -46-