HomeMy WebLinkAboutCOM 0669.002 2010-2012 PIPe
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May 15, 2012
r,',Y 15 V1 9: 06
From:
Stephanie Salazar
78 East Kahaopea Street
Hilo, HI 96720
To:
Planning Committee
County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
RE: Bill 229, before Planning Committee on May 16, 2012, 2pm session
Dear Chairman Hoffman and Committee members
I am a neighbor to the approximate 7 acre parcel that is subject of amendment to Ordinance No.
99-116. I have lived next to what is the old Hirose Nursery at the corner of Kanoelehua and
Kahaopea Streets for 25 years.
I object to the request of the developer and explain below:
1. Condition C- time extension
In the Windward Planning Commission March 30, 2012, transmittal of this request to this
committee, it is explained that the Developer states he needs a 5 year extension in part to work
out plans to create access from Kanoelehua Avenue and that the DOT has approved in concept
plans for direct access from Kanoelehua Avenue, which is also Highway 11, or the volcano
highway.
I do not believe Mr. Higashi can complete those plans because
1. Of an existing 25 foot easement over his land (Land Court Land) that was granted to
the neighboring land where I live. (A copy of the Land Court Map is attached as Salazar's
Exhibit A to this testimony), and
2. If he removed this easement or blocked its access to Kahaopea Street it would leave
the lot where I live land locked.
In its approval in concept, the DOT would require a deceleration lane as well as a right turn
lane. According to the drawing provided by the developer, this would cut into the 25 foot
roadway easement over his land that is granted to the neighboring property, which is TMK (3) 2-
2-44-030 the one acre parcel where I reside.
As background, Mr. Higashi previously approached the land owner, my late mother in law,
1 ���• Z
Comm. No.
Ref.To: P(PC
Ref. Date MAY 1 6 2612
4
Florence Doi, asking if she would give up that 25 foot easement and instead use an easement that
would connect to the so-called 'Ruthie' subdivision onto Awapuhi Street, to the Puna side of her
property. Awapuhi is currently a dead-end street that connects to Kawailani Street. Mrs. Doi
rejected Mr. Higashi's proposal because she knew that area floods and she preferred the
convenience of access to Kahaopea Street.
The prospective developer of the land, Mr. Richard Wheelock of Honolulu also asked to
purchase the easement rights. A copy of Mr. Wheelock's 10.14.2008 letter is attached as
Salazar's Exhibit B
I contact the DOT asking if the State had the right to take away that easement and Mr. Ashikawa,
P. E. of the Highways Division wrote back by e mail and said that they only approved the
developer's plan in principal.
Quoting the May 9, 2012 email:
Stephanie,
You are correct with regard to the language in the Change of Zone Ordinance. We
apologize for the misinformation.
In response to your question on the access, the State Department of Transportation (DOT)
is NOT requiring the direct access from Kanoelehua Ave to the Graphic Images property.
The developer of the property requested the access to the property and DOT approved
the access in principle based on the developer's additional proposed improvements to
address DOT concerns. The deceleration lanes are part of those additional improvements
and would be necessary to prevent the traffic that is entering the development from
backing up onto the main thoroughfare of Kanoelehua Avenue which would cause
potential safety issues and disruption to the flow of traffic towards downtown Hilo.
Thank you,
Gary Ashikawa, P.E.
Systems Planning Section
Planning Branch
Highways Division
A copy of a portion of Mr. Higashi's traffic study showing the encroachment onto the 25 foot
easement is attached as Salazar's Exhibit C.
2. Condition H- Drainaje Improvements
I agree with the Planning Department and Planning Commission not to allow the amendment to
Condition H, and that the developer be required to complete the drainage improvements before
2
final subdivision approval or any development. People familiar with the makai side of
Kawailani Street have long suffered roadway flooding and detours in heavy rains. Only in the
last ten years have we seen similar flooding and closure of Kahaopea Street.
The developer's plot plan for the area does not show the topography of the parcel. Most of the
makai side is a good 5 to ten feet lower than the highway and in a flood zone. When Margaret
Hirose used the property for the Hirose Nursery, the back portion was used for trees, such as
bananas, that would thrive in flood prone areas.
On May 10, 2012, Councilman Dennis Onishi and Kelly Gomes of DPW visited the site and we
(myself and Russell Doi, Margaret Hirose's grandson) walked thri the property, showing the
elevation changes, the low spots, the flood areas and a large (approximate 5-foot or more
diameter) culvert that empties water from under Kanoelehua Avenue onto the back of the Doi
property. In heavy rains and runoff, this water connects and floods the lower areas up to five feet
deep. In fact the Doi children used to take their father's rowboat onto the flooded property. The
Doi homes sit about five to eight feet higher than this flood area.
Mr. Gomes showed us the flood maps; however, they do not correctly reflect the actual flood
areas that exist today. Mr. Gomes explained that there are the official maps they must go by,
even though we showed him where the flooding areas now are. The flood maps do not even
snow the large (5-foot+) culvert under the highway onto the back of the Doi property. A map
showing its location is marked with a circle on the attached Salazar's Exhibit D.
When Mr. Higashi grubbed the property in the early 2000's, his workers pushed the grubbed
material into the drainage canal that borders the makai side of his property. I do not believe he
had a grubbing permit.
When the old hospital was demolished to make way for the Okutsu Veterans Home, in 2002 or
2003, Mr. Higashi had the old hospital rubble dumped onto his property; the material was mostly
old concert with rebar sticking out. I understand the Department of Health told Mr. Higashi to
remove the rebar. I recall a crusher was brought onto the site and was used in an apparent
attempt to remove the rebar, but that equipment broke. The workers did not remove the rebar,
but merely walked around the cut off exposed rebar with torches. As the land has settled, there is
more rebar exposed. Some vegetation also hides the rebar, but it is there.
The grubbing and dumping changed the elevation of the upper part of the Hirose property and
created runoff onto the Doi Property. Rather than drain onto the back, the runoff would go down
the driveway and easement onto the Doi Property. Mr. Higashi was made aware of this but made
no changes. Russell had to move the piles of rubble so that the water no longer drained onto his
parents' property.
As I testified at the Planning Committee on May 1, 2012, I have lived next to the old Hirose
Nursery for 25 years and have seen the back areas flood up to the back steps of the two homes
there. This is not unusual. I once had to rescue a goat tied to the low spot and had to walk in
water up to my neck on the old Hirose property to lead the animal out.
3
3. Condition I- Improvement Kahaopea Street
Kahaopea Street where it intersects with Kanoelehua is a steep hill, with no sidewalks. The area
is residential off Awapuhi Street (what used to be called the Japanese Subdivision) with the
Hawaiian Homes Panaewa house lots below, and the newer private subdivision to the Puna side
of Kahaopea Street, on what used to be Macadamia nut groves.
Because this is a residential area and lots of people get on and off the bus, or cross over to the
Puainako Shopping Center, I feel the sidewalk is important. If Mr. Higashi develops retail
business to his land, and expects to attract vehicular traffic, then he would also attract pedestrian
traffic and we need the sidewalk.
ACCESS OFF KAHAOPEA STREET
Mr. Higashi's traffic plan calls for access of an extension of Awapuhi Street off Kahaopea Street,
since the current driveway, right close to the highway, would be too dangerous for much traffic.
I would like to see the current access to the Doi property untouched, and perhaps kept for private
use, or a service access, and not for the general public/customers. One of the earlier versions of a
traffic study required Mr. Higashi to close the current access onto the 25-foot easement, but that
has since been amended.
In summary, I believe Mr. Higashi's development would be fine WITHOUT direct access off
Kanoelehua Avenue, but with Access off Kahaopea Street, using an extension of Awapuhi
Street.
4. DELETING ONE PARCEL FROM THIS AMENDMENT - TMK (3) 2-2-044-003
At the May 1, 2012 Planning Committee hearing, Mrs. Ford questioned how the applicant could
seek amendment without consent of all landowners. That is something that came up before the
Planning Commission. Commission member Taka Domingo raised concerns that allowing this to
proceed would set a troublesome precedent, but the Planning Department Staff, The Planning
Director, Corporation Counsel, and ultimately the Planning Commission agreed they had the
power to do that, even though they had heard testimony that this matter would likely be
questioned before the full council, or be subject to litigation. One suggestion would be for Mr.
Higashi to make a whole new application for the property he does indeed own, and leave out that
roadway parcel.
Mr. Yeh, Mr. Higashi's attorney says now that he does not need that parcel for his project.
That parcel in question is owned by the Margaret Hirose Trust. The last trustee to consent to
subdivision was the late Helen Doi of Oahu. Her sister Florence Doi was the last surviving
trustee. She was asked by the developer to sell that parcel but she refused. She consulted her
attorney, Roy Nakamoto, about transferring the property to her name and he said it would be too
much trouble and just to let it set, as no one would bother with it as it was an insignificant parcel.
4
There are some ethical concerns. Ironically, Mr. Nakamoto's long time secretary is one of the
other beneficiaries of the Margaret Hirose Trust. She is the former Janice Hirose, now Janice
Kaneshiro. To me that raises a conflict of interest concern. Further, when Mr. Higashi first
sought this amendment, he employed Mr. Nakamoto's long time law partner, Alan Okamoto.
When a conflict of interest issue was raised, Mr. Okamoto was replaced by Mr. Thomas Yeh. In
one of his communications to the county planning commission re Parcel 003, Mr. Yeh produced
lists of successor beneficiaries of the Margaret Hirose Trust that had been provided through
Janice Kaneshiro.
SUMMARY/CONCLUSION
I believe it would be a lot cleaner and erase any liability to the County if they required Mr.
Higashi to reapply for ONLY the land he owns and not impose his business matters onto the
private family matters of the Hirose descendants, or the 25-foot wide easement over Land Court
Land.
Mr. Higashi's attorney argued for amendments to conditions because of the expense for
improvements, but that is not a responsibility or burden to be shifted onto the neighbors or the
county.
Thank you for taking the time to read my concerns.
If you would like to visit our residence and see the low spots, the culvert under the highway that
is not shown on the official Flood Maps and let us point out the flood areas, and how it connects
to the subject property under consideration, please contact me at 808 640-1313. or e mail me at
essalazar@gmail.com.
Very truly yours,
Stephanie Salr
Enclosures
Exhibit A - Land Court Map showing 25 foot Easement
Exhibit B —October 14, 2008, letter from Richard Wheelock re Road Remnant Lot
Exhibit C - Site Plan with Highway access encroaching on 25' Land Court easement
Exhibit D - Plan showing site of 5 foot culvert not shown on Flood Maps
5
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Richard Wheelock N
700 Bishop Street, Suite 1000
Honolulu, HI 96813
(808) 599-5720
October 14, 2008
Mrs. Florence Doi
Margaret Hirose Trust Estate
78 E Kahaopea Street
Hilo, HI 96720
RE: Road Remnant Lot in Hilo
Dear Mrs. Doi,
Please allow me to introduce myself and my partners as your pending new neighbors, we
are working on buying Hirose Nursery from Roland Higashi. We intend to build some
retail buildings on the property and are working on planning now.
During our research, we discovered that one parcel of land owned by Hirose Nursery was
never conveyed to the bank or to Roland as it is a small roadway lot(TMK 2-2-44:003)
that serves to provide access to another parcel we are buying(TMK 2-2-44:031). Please
see enclosed Plat Map for locations. We would like to acquire this roadway lot so we
have access to our last parcel of land.
Title to the roadway remnant lot is apparently still held by Margaret Hirose Trust Estate,
and you are listed as Trustee in the public records.
I propose to pay$500 for the roadway remnant lot for a quitclaim deed from the Estate,
plus $1,000 to you for your time and expenses in this endeavor.
I will be in Hilo next Wednesday 10-22 as well as the following week if you would like
to meet with me to discuss any questions you have,or if you want simply call me or
email me at eastwest @lava.net with questions or your response. If you accept this
proposal we will draft the quitclaim deed immediately and we can complete the
transaction in a matter of weeks.
Thank you for your time and consideration.
Since . ' /
Richard A. Wheelock
RAW: raw
Enclosure
CC: Roland Higashi w/o Enclosure
Paul Krueger w/o Enclosure
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-7.5) AT
WAIAKEA, SOUTH HILO, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
""TV OF AWAI'�
TMK: 2-2-44: 3,31,32,35 and 37 cS LLB ul'-s 6AA/b/ }
OCTOBER 15 1996
EXHIBIT "A" FOR REFERENCE ONLY n'°'-n. emc>