COM 0149.000 2008-2010 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 7 (DPW) recommended that the applicant provide improvements to the entire frontage of the subject properties along the end of the Milo Street extension and Railroad Avenue consisting of, but not limited to, pavement widening to include concrete curbs, gutters and sidewalks. In a letter dated November 5, 2008, the applicant requested relief from this condition because the applicant does not intend to use Railroad Avenue as an access to the site and because the surrounding area is industrial in nature rather than residential so there will be little or no foot traffic along the properties' frontage. A condition of approval will be added requiring the applicant to construct roadway improvements along the properties' frontage at the end of the Milo Street extension similar to the required roadway improvements for the Puna Sugar Mill rezone (Ordinance 04-02). Additionally, condition of approval will be added that no home improvement centers are allowed, because that would create a high traffic use not consistent with the plans presented in the application. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", areas determined to be outside the 500 -year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The subject properties are located more than three miles from the shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems and marine resources. Additionally, they are not located in the Special Management Area. There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. According to the applicant, no valued cultural or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Historic resources on the site include seven abandoned warehouses that were built in the mid - 1900's and used in conjunction with the operations of the Puna Sugar Company mill. A condition of approval will require the applicant to comply with the DLNR-SHPD recommendation to submit photo -documentation of the structures prior to alteration or demolition. Thus, the proposed request is not contrary to Chapter 205A, Hawaii Revised Statutes. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: