2024-02-20 PL-REZ-2023-000053 Gail Rhoades Letter to Zendo & PC Testimony

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February 20, 2024 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kern: Subject: Rezoning Application - Manono Corner, LLC TMK: 2-2-036: 076 (PL-REZ-2023-000053) Physical Address: 1081 Manono Street, Hilo, HI The purpose of this letter is outline our concerns regarding the zoning request for MCX Commercial/Industrial for the Manono Street/Lanikaula corner property. My husband and I testified at the February Planning Commission meeting and we plan to testify again at the March meeting. It has come to our attention that the property applying for rezoning was owned by Yamada Construction back in the day. The construction company had underground gasoline tanks with above ground pumps to service their trucks which were stored on the property when not in use. We believe the tanks were never removed, only the pumps. This is according to the previous owners of our property who lived in our house from 1933 to 1995 and never witnessed the tanks being dug up. I have reported this to the Department of Health's office in Honolulu who is responsible for underground gasoline tank storage regulations put forth by the Environmental Protection Agency. According to the Department of Health, Manono Corner LLC would need to have a site assessment performed after the tanks are dug up and a report made to the DOH. A site assessment consists of collecting soil samples at the tank site where a release is most likely to have occurred and conducting a laboratory analysis of the samples to determine if contamination is present. If a building were to collapse into a sink hole created by the deterioration of underground tanks, I would think the County would be liable if due diligence did not occur to rule out the presence of said tanks, not to mention possible contamination of the soil. Our other concerns relate to the types of businesses that would be allowed with the MCX zone designation. The intersection of Manono and Lanikaula is a busy one and the types of businesses that might occupy the site pose a safety risk to the community as well as the residents that live nearby. The National Highway and Transportation Safety Administration (NHTSA) statistical report 2021 shows that 82.4% of all traffic accidents occur in or near an intersection. Over 50% of fatalities occur in or near an intersection. If the zoning request allows for vehicle producing entities to occupy the property, it becomes a huge liability for the county, especially if a Manono Street left exit from the property is allowed without an appropriate traffic study. My husband and I are prepared to file lawsuits against the County and Manono Corner LLC if a vehicle producing business is allowed. The lawsuit against the County would be for "unconstitutional taking" by reducing the value of our property (example a 24-hour convenience store or gas station or fast food restaurant).