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~zv or ^Ne~ <br /> 8,~"",........ <br /> <br /> ;1€ar,°uy L~ia~r a ~'8ariskoptaea° S, 3luteae <br /> M~:~nr _ . Director <br /> $flyE a ws:„~~ <br /> ~pc x~ ~Y°ad 1~IlCOtSHWB, ASY.A <br /> LEED®AP <br /> l1T~~~~~ ~I ~?I~FIiY Deputy Director <br /> PLANNING DEPARTMENT <br /> 101 Pauahi Street, Suite 3 Hilo, Hawaii 967203043 <br /> (808) 961-8288 FAX (808) 961-8742 <br /> December 22, 2006 <br /> r'z. <br /> c4, <br /> u> <br /> i"y ~ <br /> Honorable Pete Hoffmann, Chair n <br /> and Members of the County Council ~ ~N <br /> HAWAII COUNTY COUNCIL <br /> 333 Kilauea Avenue ~ <br /> Hilo, HI 96720 <br /> cry <br /> Dear Chair Hoffrnann and Members of the County Council: <br /> --,1 <br /> SUBJECT: BILLS 220 and 221 (Gardner Rezoning) <br /> The Planning Deparhnent continues to oppose the proposed self-storage facility on <br /> Highway 130 near Pahoa. It passed the Planning Committee on Dec. 19, 2006, with a <br /> favorable recommendation, as a "Draft 2" , by a 5-4 vote. <br /> We have the following additional comments: <br /> 1. Draft 2 of Bill 221 does not actually require that the self-storage facility take its <br /> sole access with the county fire/police site that is adjacent. This may have been <br /> the expectation of the Council, but it is not an express condition of Draft 2. <br /> 2. The condition of Draft 2, that the applicant construct a service road across the <br /> county property to serve as an access to the adjacent property, triggers an <br /> environmental assessment under Chap. 343, Hawaii Revised Statutes, because this <br /> proposes a use of county or state property. The environmental assessment must be <br /> completed before any final action is taken on the rezoning. <br /> 3. It is not clear what the legal status would be of the "service road" across the <br /> county property. The proposal would result in traffic that uses the self-storage <br /> facility crossing county property on a "service road" shared between the county <br /> and the self-storage facility. The county could face liability for an accident that <br /> Hawaii County is an Equal Opportunity Provider and Employer. <br /> <br />