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County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961-8288 • Fax (808)961-8742 Dear Chairman Yoshimoto and Council Members: State Land Use Boundary Amendment Application (SLU 08-000021) Request: Agricultural to Urban Change of Zone Application (REZ 08-000085) Request: A -20a to ML -1 a Applicant: Hawaiian Rainforest Water Co., LLC Tax Map Key 1-6-3:18 and 23 The Planning Commission at its duly held public hearing on January 15, 2009, reviewed and acted on the above -referenced requests for a State Land Use Boundary Amendment from the Agricultural to the Urban District and a Change of Zone from an Agricultural — 20 acre (A -20a) to a Limited Industrial — 1 acre (ML -1a) district for 10.373 acres of land. The property is located on the southeast corner of the E. Milo Street — Railroad Avenue junction, in the vicinity of the current HELCO Kea'au power plant site, Kea`au, Puna, Hawaii. Testimony, both in writing and verbally, was presented during the Planning Commission hearing on this particular application that raised the question of whether legal access exists to the subject property over and across Railroad Avenue and Milo Street. This issue remains unresolved, but there remains an opportunity for the applicant and the objecting party to resolve this issue. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the State Land Use Boundary Amendment and Change of Zone requests: Hawaii County is an Equal Opportuuiq, Provider and Employer N G:J February 3, 2009 C7 C C=P _A,t The Honorable J Yoshimoto, Chairman co and Members of the County Council County of Hawai `i 333 Kilauea Avenue, 2nd Floor ro Hilo, HI 96720 Un Dear Chairman Yoshimoto and Council Members: State Land Use Boundary Amendment Application (SLU 08-000021) Request: Agricultural to Urban Change of Zone Application (REZ 08-000085) Request: A -20a to ML -1 a Applicant: Hawaiian Rainforest Water Co., LLC Tax Map Key 1-6-3:18 and 23 The Planning Commission at its duly held public hearing on January 15, 2009, reviewed and acted on the above -referenced requests for a State Land Use Boundary Amendment from the Agricultural to the Urban District and a Change of Zone from an Agricultural — 20 acre (A -20a) to a Limited Industrial — 1 acre (ML -1a) district for 10.373 acres of land. The property is located on the southeast corner of the E. Milo Street — Railroad Avenue junction, in the vicinity of the current HELCO Kea'au power plant site, Kea`au, Puna, Hawaii. Testimony, both in writing and verbally, was presented during the Planning Commission hearing on this particular application that raised the question of whether legal access exists to the subject property over and across Railroad Avenue and Milo Street. This issue remains unresolved, but there remains an opportunity for the applicant and the objecting party to resolve this issue. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the State Land Use Boundary Amendment and Change of Zone requests: Hawaii County is an Equal Opportuuiq, Provider and Employer