County Council decided against hiring outside legal counsel to explore its power to take private land for a road alignment project after back-and-forth discussion Thursday at the Historic County Building. The plan proposes to diffuse traffic in a growing residential
County Council decided against hiring outside legal counsel to explore its power to take private land for a road alignment project after back-and-forth discussion Thursday at the Historic County Building.
The plan proposes to diffuse traffic in a growing residential area and create an alternate evacuation route. But attorneys have advised that there could be a right-of-way issue in the proposed legislation.
While council has been debating the matter since April 2006, it deferred two zoning designation bills at the Thursday meeting that will decide the issue.
“We have been immersed in over a year of discussion and dialogue because of some poor planning done in the past,” Councilwoman JoAnn Yukimura said.
During a 1989 Land Use Commission agreement to change a 603-acre Eastside parcel from agricultural to residential zoning, Grove Farm said it would build a major two-lane road to service the project and become a bypass between Kaumuali‘i Highway and Nawiliwili Harbor.
But a series of county decisions and management changes over the next 18 years resulted, in part, with the people moved in before the roads were built. Now homeowners want their views and parks protected — essentially maintaining a “not in my backyard” attitude toward the needed improvements, council members said.
The most recent alignment plan would connect Nawiliwili Road with Nuhou Street by extending Aheahe Street. It would also create a route parallel to Nawiliwili Road by extending Nuhou down to Niumalu Road.
The debate over where to draw these extensions pits one of Kaua‘i’s largest landowners against families living in affected subdivisions bordering Puakea Golf Course.
The homeowners say they want the county to force Grove Farm to extend an 80-foot buffer between their houses and the proposed road by an extra 24 feet.
Grove Farm representative Michael Tressler told council this is not feasible, nor is the company legally bound to do such. In Grove Farm’s defense, Councilwoman Shaylene Iseri-Carvalho noted that the extra 24 feet would force the company to move holes on its golf course.
Councilman Mel Rapozo said he wishes the county could move the road closer to the golf course to create a bigger buffer, but it would cost too much. He added that the project is not high enough priority to go through an expensive condemnation process that would benefit just a small percent of the population.
Councilman Tim Bynum agreed, but said he remains “disappointed” that the landowner would not ante up the extra 24 feet. Grove Farm played the legal card and won, he said, adding that condemnation powers are better used to acquire public access, for instance, than this buffer space.
“Grove Farm made that concession,” he said. “I think in good faith that Grove Farm should keep their commitments.”
Councilman Jay Furfaro said he supported retaining outside legal counsel to look into takings issues and the condemnation process.
Iseri-Carvalho acknowledged the past work Grove Farm has done for the community, such as affordable housing. She questioned if the county was trying to impose conditions that are not legally binding.
Council Chair Bill “Kaipo” Asing delivered a presentation to provide the history of the land in question, starting with the 1989 order.
“Are you going to go against the Land Use Commission that approved this?” Asing said. “It shows the 80-foot right-of-way extending throughout the area. This is the black and white. This is the law.”
Linda Young, who lives with her family on the border of an affected subdivision, urged council to not sacrifice the extra 24 feet.
She said she would rather have the road force a realignment of the park than run closer to the subdivision.
“It’s only fair that you listen to us little people that are living there,” Young said, growing noticeably emotional over the issue.
Outside the meeting, Young said she bought her home under the impression that she would have golf course views with a service road in the back. But the original 18 homes have multiplied to more than 200 unaffordable houses.
“We put these people in office in good faith,” she said, “and we hear them defending Grove Farm.”
Kekaha resident Bruce Pleas told the council the matter should go back before the Land Use Commission for a decision and then return to the county.
Residents Bonnie Lake and Bob Schleck, who have testified for months on the proposed bills, told council again that they still want the park kept intact.
Kouchi said the deferred ordinances would require the two-lane Aheahe Street extension to be designed to minimize impact on the park by running near its boundary. Also, Grove Farm would be required to dedicate additional land on the park’s southwest boundary to compensate for any lost acreage from the road.
Council intends to discuss the issue at its next regular meeting is Jan. 30 in Council Chambers.
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com
