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HomeMy WebLinkAboutCOM 0393.002 1998-2000 Ed Michelman ~ ~ ~ ~ - (Lot 9, Ma1iu lodge, Phase II)R~-~` ' " 381 Halema`uma`uAI~~AUG 6 Pal 1 G2 Honolulu, HI 9682 (808) 373-4263 COU`~- =;L~~`< COUNTY OF H/~~N,NI August 4, 1999 The Honorable Bobby Jean Leithead-Todd Chairperson, Committee on Planning Hawaii County Council 25 Aupuni Street Hilo, HI 96720 Madam Chair and members of the Planning Committee: My name is Ed Michelman and, although currently I am a resident of Honolulu, my wife and I are building a home in Phase II of Maliu Ridge in North Kohala. I understand that on Tuesday, August 10, 1999 your committee will consider a request by the North Kohala Land Company to delete Condition G of Zoning Ordinance No. 85- 48. This condition was imposed in 1985 and accepted by the original and subsequent land owners including the present developers. It requires the owners of Phase III of Maliu Ridge to build a cotmector road providing alternate access and egress to the subdivision which now is accessible only from Pu`u Mamo Drive off Kohala Mountain Road. I have serious concerns about this request and appreciate the opportunity to submit this written testimony. Unfortunately I will be unable to attend the hearing on August 10. I. CONCERNS A, SAFETY: The developer justifies its request by citing the results of a self commissioned study which concludes that traffic at the intersection of Pu`u Mamo and Kohala Mountain Roads would not be significantly affected by Phase II, although it would be somewhat more difficult for traffic to turn left when exiting Maliu Ridge. However, the developer seems to have completely ignored the far more important issue of the safety of Maliu Ridge residents should the connector road requirement be elitninated. Apparently no attempt was made to consult with representatives of public safety agencies on this issue. Here is what they would have discovered had they made that effort: 2 Comm. No. 3 ~ ~ O oz File No._ Z_N6~KF}- Ref. Tot Prettsnf~ PG Ref. Date AUri 1 0 1999 Hawaii County Planning Committee Testimony by Ed Michelman August 4, 1999 Page 2 1. According to Harry Kim, the respected Hawaii County Civil Defense Administrator, it is the goal (although not a requirement of his agency) that all new subdivisions have multiple access. He points out that the Kohala Ranch road frequently is used for emergency vehicles. Kim says at least 3 areas of concern should be considered. a. Runaway fires. There have been frequent dangerous brush fires in the Kohala area during recent and past periods of drought. (Please see "Attachment I.") b. Strong wind conditions. The entire island is subject to hurricane damage. c. Flash floods. Dry areas are the most dangerous because of crumbling soil and loose rocks in the mountains. Kim says just because there haven't been recent instances of flash flooding at a particular location doesn't mean it won't happen. Only last year some 19 condominiums in Waikoloa were destroyed by flash flooding. 2. When I expressed these concerns during the July 2, 1999 hearing of the Hawaii County Planning Commission at the Hapuna Beach Prince Hotel, Mr. Roger Harris, a consultant for the developer, stated that my fears were unfounded, He claimed emergency vehicles, if necessary, would be able to access Maliu Ridge by using portions of existing primitive roads and then driving through pasture land owned by Chalon International of Hawaii, Inc. Again I ask, rhetorically, were public safety officials consulted? Since apparently they were not, on July 29, 1999 I spoke by telephone first with Mr. Richard Kihara, Fire Prevention Bureau Chief Inspector. He told me that normal fire apparatus would not be driven off road in a manner suggested by Mr. Harris, but that it might be possible to reach the area with a 4-wheel tanker. I then phoned Captain Quince Mento at the Kohala fire station, which serves Maliu Ridge. He stated that they have a 4-wheel vehicle which might or might not be able to get to the subdivision through the fields. However, he said if such an attempt were necessary, response time would be unacceptable. It would take at least three times longer than if a secondary road were available. So homes could be destroyed and residents would be in danger of serious injury or death because of the delay. Captain Mento stated unequivocally that it would be his preference to see the alternate access road constructed. Hawaii County Planning Committee Testimony by Ed Michelman August 4, 1999 Page 3 3. It doesn't take much imagination to realize that a natural or other type of disaster could make portions of the Hawi Road or Kohala Mountain Road impassable to emergency vehicles headed for Maliu Ridge. Shouldn't we give serious consideration to that possibility and provide an alternate means of reaching the subdivision in an emergency? Without the connector road, Maliu Ridge, in effect, becomes a 170 lot cul- de-sac. I am told that the County building code restricts subdivision cul de sacs to a maximum of 18 lots and a length of 600 feet. A subdivision with only one road in and out may not meet the legal definition of a cul de sac. However, perhaps the rationale for imposing these restrictions should be considered in a sizable development such as Maliu Ridge. B. Convenience: The connector road obviously would be a convenient shortcut for Maliu Ridge residents bound for the beach, Kawaihae, elsewhere in South Kohala, Keahole Airport or Kailua, Kona. The argument that the road might increase traffic within the subdivision from non-Maliu residents appears fanciful. What would be the advantage to residents of Kapa`au or Hann-? Traffic from Kawaihae, bound for the Mountain Road from Akoni Pule Highway, more expeditiously could utilize the existing well maintained Hann road. C. Traffic: The developer's Traffic Impact Analysis Report concludes that traffic at the intersection of Pu`u Mamo and Kohala Mountain Roads would not be significantly affected by Phase II. However the study apparently does not address the traffic impact within the subdivision itself if the connector road is eliminated. When all 113 lots in Phases I and II are occupied, one can project a total of 226 vehicles, an average of 2 per household. It stands to reason that the addition of an additional (perhaps) 114 vehicles from the 57 homes in Phase III will significantly increase Maliu Ridge traffic. D. Prior Commitment and Liability: Given the above safety concerns, it may be prudent to consider whether the County could face future monetary claims should residents suffer injury or properly damage resulting from elimination of the access road by the Council. The connector road requirement is not a new one. It was a condition of the original rezoning approval in 1985. Phase III has had tentative approval since 1992. The new developers of Phase III were fully aware of it when they acquired the property. A "Maliu Ridge Phase III Update" was mailed by North Kohala Land Co. to area residents in March of this year. The update featured a map labeled "Exhibit B." It was included "to show how Phase III of Maliu Ridge relates to the rest of Maliu Ridge." (Please see "Attachment II") The map clearly shows the connector road eventually terminating at Akoni Pule Highway. Other maps given to prospective buyers over the years by Chalon International (Please see "Attachment III") also include the road. I wonder whether an individual who relied on these representations before purchasing a lot in Maliu Ridge might have grounds for legal action. Hawaii County Planning Committee Testimony by Ed Michelman August 4, 1999 Page 4 II. CONCLUSION North Kohala Land Company states "we have looked at the costs of the connector road and concluded that we cannot develop the property if we are required to build it." This may be an accurate assessment and I personally have no desire to see development of Phase III become unfeasible. I would ask this committee to consider the possibility of a joint project, with the County sharing responsibility for construction and maintenance of the road with the developer. Ua pa me ke aloha, Ed ichelman Enclosures (3) no y - fire alarms. Sac~.dle Road area Range.. A;.~ f i known loss of homes or officials closed the road for Eight fire units and two Wa~`i Ranch, livestock by nightfall two hours, reopening the helicopters battled the T,'' The fire, blamed on cross-island route about 5 blaze. The fire started KilOYlana Camp drought conditions in the p.m. around 11 a. m. yesterday area, burned along aseven- Some homes in the up- from undetermined causes. pUt.O11 aIeIC mile stretch of the Saddle scale Waiki'i Ranch Bevel- Billowing clouds of black Road between the 45 and opment were evacuated, smoke could be seen from By Hugh Clark 52 mile markers. Mote than but no large-scale order the other side of the moun- ppVERTI5ERBIGISLUDDUREAU 400 acres were charred. was issued. Officials ex- tainslopeinWaimea,more "lt defuu[ely is no[ under Ix'c[ed some residences will than 10 pules away. WAIMEA, Hawaii - A control yet," said Civil De- experience smoke damage. Firefighters said the shift- tvnaway brush and range fense administrator Harry Kim said Girl Scouts at ing wind patterns made the fue on the slopes of Mauna Kim. Bu[ a[ 7 p.m. fire offi- the nearby Kilohana Camp blaze hard to control. Fire Kea alarmed rural South vials said the fire had been were in no danger, but con- spokesman Uoyd Narima- Kohala yesterday, but fire- contained. tingency plans were in tsu said crews would re- fighters said [here was no Police and Civil Defense place to evacuate them. main at the scene overnight. o. w3 rx 'tT. s411.ti..'Fue.rm,.Ge w;>.,. ..-.T..%;....., T ~tIM~~TT ~~iq X91 Drought districts include Hamakua Big Isle fires Drought: extinguished ey Hugh Clark reports of a runaway fire I\UVERT~SER I11G ISLAND BUREAU in South Kohala. But i[ was Emergency I-III-O, Hawaii -Mayor Just a dust storm because its;OLE, Hawaii -Big [here no longer are plants Island ftrefigh[ers quickly con- S[eve Yamashiro has to hold the loose soil;' Kirn in Hamakua added North Kohala and said trolled aquarter-acre blaze in Hamakua to his emer- F{e warned that some the brush mauka of the airport gency drought proclama- roads ma be closed Bur- at Keahole yesterday, and final- Y FROM PAGE Bi 1 mo ed u a stubborn lion that was issued two ing windstorms to prevent y pp p years ago, accidents. kua, Pahala and Hawaiian Ocean 6-acre brush fire south of The proclamation bans The drought that began View Estates. Spencer Park in the Kawalahae most outdoor fires while ~ late 1997 has persisted Residents who use rooftop sys- liarborarea. making ranchers and ~ South Kohala, Ka'u, and terns to catch rainfall for their The Kona-side fve broke out farmers in those areas eli- North and South Kona. household supplies in Puna, Keaau about 2 p.m. some two miles up Bible for limited federal as- The whole island is re- and some parts of Hilo are now ]{airrur[ani Streta, and was con- sistance. garded as unusually dry. hautingwatertothe'rrhomes. volled an hour later and extin- Meanwhile, public safe- Hilo peaked at 190 Ranchers have been cutting herd guished by 3:43 p.m.'1'he cause ty officials said they are percent of normal rainfall svxstosavethetrcatUe. was under investigation. alarmed by how dry condi- at the end of February, has Cutbacks ~ water use have been Afire that began Friday in bons give rise [o dust slipped to near normal af- ordered in several North Kohala dense stands of kiawe ac~cs and storms [hat are dis[rading ter months of low rainfall. andHantakuacommtuufres. surrounded a house south of drivers. Harry Kim, county The Fire Department Hawaii County Department of Spencer Park was also extin- civil defense administra- Water Supply officials rue expect- hed t-stcr[ia ,officials said. has listed six districts as k~ Y' Y tor, said that in South Ko- having extreme fire risk. ~gmoreconservatlonnoticestobe Drought conditions have left halo, because of recent Y issued requesting 10 percent reduce man Bi Island are:+s vulnei:,- The are North Kohala, lion of normal use, as well as re- y g wildfires, dust storms have Waikoloa, Waimea, Hatna- striction notices requesting 25 per- ble to brush fires, the Piro become a driving hazard. Lk;p.uvnent said. "Last weekend we had See DROUGHT, B4 cent of normal use, if the dry weather continues. f AT NORTH KOHAiA MALIU RIDGE PHASE III UPDATE North Kohala Land Company, Inc. recently acquired the 184 acres that comprise Maliu Ridge Phase III from Chalon International of Hawaii, Inc. North Kohala Land Company, Inc. is a closely held corporation having only two shareholders. Mike Prohoroff is the President of the company. Mike and his wife, Lynne Trouchon, have been residents of Maliu Ridge since 1987. We built our first home in Maliu Ridge at that time and sold it two yeazs later. In 1989 we moved into our current residence at 55-3335 Puu Mamo Drive, (sixth house on the right). Mike and Lynne are both in the real estate business. Mike works for Hualalai Realty, Inc. at the Four Seasons Resort in Kona and Lynne has her own company, Lynne Trouchon Realtor, specializing in agricultural and ranch properties. Please see the enclosed maps to show how Phase III of Maliu Ridge relates to the rest of Maliu Ridge. Phase III in its current configuration consists of 57 pazcels ranging in size from l+ acres to 5+ acres. We are now in the process of reviewing the layout of the pazcels and may do some tinkering with the lot lines to maximize views and take better of advantage ofthe topography. You may have noticed the new fence posts with the tops painted white. They were put there to help us fmd the property corners in the future as the cows have a history of destroying wooden survey stakes. As you all know, the real estate market in Hawaii has not been the greatest for the past 8 years. However, there does seem to be a subtle change for the better. We have enclosed a printout of Maliu Ridge properties currently on the mazket and of sales over the last 18 months. How soon we develop the property will depend on these mazket conditions. We may even choose to develop the property in phases. Until such time, we will continue to lease the land for cattle grazing to Pazker Ranch. We plan to send an update at least twice a yeaz to keep the current Maliu Ridge Property owners up to date on our progress. In the meantime, please call, write, or a-mail us with any questions, comments or suggestions. We would really like to heaz from you. Our home phone number is (808) 884-5090, Fax 884-5053, E-mail <~kepr@aloha.net>. (or~R) CC jYi . 3 II / c / .y y / / i~ / ' pp x , / / - -:_i=:~ L.-'w: ` 1. / / / ~ / ~ / \ ~ / / / / / ~ / / / / ~ t ~ F s: :?/i ~ r ~ I f iii ` l~~ ~ e y / / it -?•~~Y qY ~ i~.~,` / / ~T / / / / / y ~ ~ I r ~ ' / I ~ • UN ~ I I 3~• OOY I ~ i . ; ; c w ~ y _ ' PN~ l~.. I^ i ~ 1~~~ n~: ' ~ mcAi y. i I ~f~ ~ - tnw ! / ifsf ~'I f % ! - y o _ ~?>Zjx O ! y ~~G'~" / ~ ! 11 rnn' t.. ~.r i~x rim aK`n Z i /I t • 'yam ~ ° a 1 r) t i Af ~lf~ ~ ~ / ~~`'•.~1~.. ~ -ey ?NVmv ~n I I 'i,1il`. IP~Il II II (?r%If.~/~ L~~' ~ Vii.- 9 NN C ( ~~~~J~It V ~ I /I t2 'I !c / _ . --L__IL_-- V D~~3 p \ \ Y ~v.. r v •r • i ! 111 / wl Sh •n of I s 4y \ / \ ~ \ \ O i w\'P ~ 1 \ i \ ATY~~~r~~rNr~ ,L.~ / FAOJECT 91TE~' / i / ~r INTENSIVE AGRICULTUf1E ~ a~F, ' PJO AC. ~r !I GOLF "~(i; AGpICULTURE EOUESTpIAN pANCN ~ ••'(p /FUTURE ~ 680 AC. $ NOOSING / 1•=^'- bTO AC, pOPO3ED BUFFED N AC. GOLF KUKUIPAMI NEIAU aTATE of NAwAa MSTORIC SRF ~ ~ B AC, r . m.r o„ ~ GOLD AGpICULTURE ~ 1 / NTWE NOUSNiO ~ o ~ Sa AC.O P E 1 : - _ - ~.I E ~o ` I :I , o fi.. • MA,KI RIOOE PROJECT ~ LlU9 NDUSE/ w .wwnxR .~exerr MAINTENANf~ AIEA ~a AC. LAND USE SUMMARY I LANG DSE acaEa PRELIMINARY CONCEPT PLAN EGtrt3TINAM RwCN S!0 NT[HSM KrPoLUIiURE }}0 DD,E NURSE K~~KUIPAHU MOIIK NICT•VRE/NiURE I}B ryrnnwu~PoASOrr VMAARY ROAGwvS IE lEr\_/~r'~I~_,,, rur~n OOIi Cll9RDU5E 3 ~ W N4TORIC SI1E5 RU(uiA1N BIFEER 1 iOiAl i}]~