HomeMy WebLinkAboutCOM 0766.028 2004-2006
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Murashige, Laura
From: Michael Flaherty [mlflaherty@yahoo.com]
Sent: Wednesday, November 15, 2006 6:06 AM
To: Safarik, Gary; jiaco@co.hawaii.hi.us; Arakaki, James; Higa, Stacy; Hoffmann, Pete; Holschuh,
Fred; Ikeda, Donald; Isbell, Virginia, Pilago, K. Angel; counciltestimony@co.hawaii.hi.us
Subject: Opposing Bill 251
My name is Michael Flaherty and I am hoping that you will have time to read my testimony opposing
Bill 251 that you should have received yesterday.
I believe that my letters may challenge the credibility regarding Kona Coffee Estates right-of-ways, as
well as clearing up a minsunderstanding of the location of the "Mid-Level Road" as it is identified in the
"2020 Roadway Plan".
Mahalo!
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Comm. No. 76(p•a
Ref. To: ressaw
Ref. Date 6
11/15/2006
Michael L. Flaherty
75-282 Malulani Drive
Kailua-Kona, HI 96740
(808) 331-8146
0
November 12, 2006
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Chairman Stacy K. Higa
Hawaii County Council
25 Au uni St., Suite 209
Hilo Hawaii' 96720
Dear Chairman Higa,
I was at Thursday's Public Meeting and felt that all the speakers expressed themselves
elegantly and that the greater majority were in favor of having the Council wait for the
`Kona Community Plan' to be approved before allowing for the re-zoning of Bill 251.
Please consider that the attendees were not in favor of allowing more traffic to funnel down
to the Queen Kaahumanu Hwy. The West Hawaii community also wants to insure that
there is documented additional capacity for new water consumers, and additional capacity
for sewer treatment before any new development is approved. Mr. Carr only mentions that
he may have these ...demand proof.!
We don't want to end up with a huge Public Health disaster.
I am one of the abutters to The road ("Road H") that Mr. Carr referrers to as the "mid level" road,
which runs through the middle of Malulani Gardens. He cites this as being the legal reason for
running his traffic through our community.
"Road H" is, in fact, described in the PUD approval documents for Malulani Gardens as a "stub
out' road who's use will be defined as: "The internal roadway system for the subdivision should
be designed to inter connect with adjacent developments to localize their internal traffic
movements" (see: memo about MG from planning director April 15, 1999)
The inference that has repeatedly been made that' Road H' is the mid level road is
completely untrue The real MID LEVEL ROAD, as described in the "2020 roadway
plan," is the HEIKALOLI - KAHULUI Road (see: exhibit # 2). THIS shows where the
location of the actual MID LEVEL ROAD is, between the Mamalahoa Hwy. and the
Queen Kaahumanu Hwy.
A "Collector Road" is a medium-sized dedicated road coming FROM a main highway.
(Like LAKO STREET)
The residents of Malulani Gardens do not want a Collector Road running through the
middle of their subdivision. The PUD for Malulani Gardens NEVER intended this road to
be used for high traffic volume!
-2-
I believe that Mr. Carr intends to use "Road H" (that he has identified as the MID LEVEL
road) as a Collector Road for his construction development that will run from the Queen
Kaahumanu Hwy through `Road H in Malulani Gardens, to his development KCE, because
it is easy, convenient and economical.
I guess he will apologize to us and the county for the damage, depreciation, and community
degradation, AFTER his project is completed. Then he can admit that he is unable to
obtain the necessary right-of-ways to run proper connector roads through to Palani Road
and he has to run a Mickey Mouse orivate water system like Malulani Gardens has, for the
KCE owners!
NOTE: It also came to light at the Public Meeting in one of the testimonies that Mr. Carr
was not correct when he told the Hawaii County Council on 10/31/06 that he has
emergency access to the Mamalahoa Hwy!!! He has NO such access.
We all have heard that "it is always easer to apologize after the fact than try to follow
the law." Let's not let this happen here!
I would like to point out that the only two egresses for the KCE subdivision cross TWO
streets maintained by Malulani Gardens Home Owners Association, 1) Malulani Drive and
2) Road H (see: exhibit #1). Why is it that the Hawaii County Planning Department seems
OK with it?
I ask the County Council, If this is such a great development why can't he at least build his
own roads on his own property?
I resent the fact that the residents of Malulani Gardens have to defend their property rights
from an autocrat developer who has been manipulating disassociated facts to arrive at a
favorable solution. I believe Mr. Carr's credo is, "the end justifies the means," and that he
will say or do anything to the Council Members to obtain a favorable result.
As a personal aside I believe that Mr. Carr's definition of connectivity is that all roads will
"CONNECT" to the Queen Kaahumanu Highway.
Disapproving this Bill until there is contractual proof that this developer will provide the
infrastructure he is promising, will certainly be a small price for the developer to pay. It's
his money now. If he fails to carry out his promises it will be the COUNTY money that
will be needed to fix the mess.
I hope the County Council Members can feel my pain and frustration and NOT approve
Bill 251.
Very truly yours, p~
Michael Flaherty
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