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will be severely affected. We continue to urge, therefore,that you carefully consider the
<br />cumulative effect of these rezoning applications on traffic volume and safety in evaluating this
<br />and other Kaloko Mauka applications. And we were pleased that the Councils Planning
<br />Committee, at its April 4 meeting, agreed with the concerns we expressed in our testimony and
<br />voted decisively to send the Totah and Gesling rezoning applications to the Council with
<br />negative recommendations. But we were dismayed to learn that last Wednesday, the Council, by
<br />vote of five to three, approved both applications at first reading with amendments providing that
<br />the applicants cant receive final subdivision approval for two years or until the State and County
<br />improve the intersection, whichever is less, and that the improvements may include restriping,
<br />channelization, improving sight lines and signalization, etc. Those conditions are unacceptable.
<br />First, because setting a two-year time limit for State and County action, without establishing any
<br />incentive for that action wont accomplish anything. We believe that the way to get action is to
<br />remove the time limit, thereby giving the applicants an incentive to push for State and County
<br />action. And second, that the words may include are permissive, not mandatory, and can be
<br />construedasmeaningmightnotincludeanyofthelistedtasks.Accordingly,weurgethatmay
<br />be changed to the mandatory shall so that the condition provides that final subdivision approval
<br />shall not be granted until the Kaloko Drive/Hwy 190 intersection is improved, and that such
<br />improvements shall include if approved by the Department of Transportation, restriping,
<br />channelization, improving sight lines, signalization, etc. Weve also remarked, in commenting
<br />on prior applications for rezoning in the area, that the cumulative effect of these rezonings will
<br />alter watershed characteristics and affect runoff which, as recently experienced on other islands,
<br />can lead to traffic safety concerns such as road closures and washouts, along with long delays in
<br />traffic in impassible areas. We note that the Kona Soil and Water Conservation Service hasnt
<br />mapped mauka flood areas in West Hawaii due to a lack of funding support. So, what to do?
<br />Should you conduct business as usual and recommend that the rezoning be approved in the face
<br />of the Councils clear reluctance to do so until the traffic situation in West Hawaii improves, and
<br />in the hope that the County and State will, sometime within the next two years, perhaps after a
<br />fatal collision, decide that its time to do something? Or should we say, stop! No subdivision
<br />will be allowed or occupancy permits issued in Kaloko Mauka until the needed traffic signal is
<br />operating, and provisions for traffic signals, including conduits and footings, etc., are installed,
<br />or at least until the appropriate and needed improvements are scheduled or made as determined
<br />by the State Department of Transportation. We also recommend that no subdivision approvals
<br />be granted until the County Council enacts an ordinance to require payment of impact fees. The
<br />County is out of compliance with a Statute thats required that ordinance for over 10 years. That,
<br />we believe, is the best way to assure that vital infrastructure improvements that promote safety
<br />will be funded and provided. Finally, we urge that you remember that rezoning is a privilege and
<br />not a right. Approvals that should be granted only if the benefit to the community outweighs the
<br />disadvantages. In this case, until the Kaloko Drive/Hwy 190 intersection is made safe, we fail to
<br />see the benefit of this and other Kaloko Mauka rezonings to the community. Thanks for the
<br />opportunity to comment and Ill be happy to answer any questions. Thank you.
<br />ALAMEDA:Thank you. Any questions for Mr. Gimpel? Seeing none, thank you very
<br />much for your testimony appreciate it. Will the applicant or representative please return? Mr.
<br />Mooers, Mr. Shockley you heard the testimony do you have any comment?
<br />EXHIBIT C
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