2024-03-04 PL-REZ-2023-000053 Sidney Fuke Response to Rhoades' Letter

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SidneyFUke, Planning Consultant P.O.Box 1345 a Hilo,Hawaii 96720 •Planning•Variance•Zoning �� Cell:(808)989-0640 -Subdivision-Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports March 3, 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 South Hilo,HI, TMK: 2-2-036: 076 (PL-REZ-2023-000053) This is in response to the letter from Lou and Gail Rhoades letter, dated February 20, 2024. We appreciate their comments, as they did bring up some very important points, which I believe can be addressed. First on the matter of the prior use of the property with the possibility of having underground fuel tanks, the Applicant will confer with the State Department of Health to ascertain that prospect and, if confirmed, will comply with the appropriate removal and/or mitigation requirements of said agency. Understandably, the Applicant wants to take every reasonable precaution to assure the safety of future tenants of the project and appreciate that comment. In that regard,the Applicant would have no objection to a condition of the zone change that addresses that comment. It could read as follows: "Prior to submittal of plans for Plan Approval, the Applicant shall confer with the State Department of Health regarding the need for any environmental remediation of the subject property. The remediation, if needed,shall occur prior to issuance of a building permit for the proposed development." The Rhoades also expressed traffic-related and "unconstitutional taking" due to property diminution concerns and asked that the request be denied. While we believe we have addressed traffic-related concerns with suggested mitigation in our February 22, 2024, letter, the Applicant has a different view of the "unconstitutional taking" issue. Rather than delve into that legal question, however, the Applicant feels it would be more prudent and productive to specifically address their proposed conditions. On the matter of limiting uses, we understand that "cherry picking" which uses can or cannot be allowed in a rezoning ordinance would be tantamount to a"contract" zoning, which has been judicially determined to be illegal. As such, while the Applicant recognizes the concerns, to address that concern, we had proposed several conditions. The first would be to enable the Director to review each use through the Plan Approval process and require,