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Home My WebLink AboutCOM 0520.027 2022-2024 P/Couric1i Sill 87 GOMM.520 From: Claudia Rohr C) Sent: Monday, November 20, 2023 10:40 AM =a. To: Council Testimony Subject: December 6, 2023 Council Meeting, agenda item: REZ Bill 87 (Bills for OrtinanC6s---s first reading) - Opposed Attachments: PD Background Report (PL-SMA-2023-032_ PL-REZ-2023-047).pdf.pdf Aloha e Chair Heather Kimball and Council members- Aloha Kia is requesting a rezoning from Resort to ML- limited industrial for a proposed project which includes the conversion and expansion of an existing building, construction of a service station, as well as adding 135 parking stalls on TMK(3)2-1-6-2, at 92 Kalanianaole St., Hilo, located in the SMA across from Reed's Bay Ice Ponds and subject to a restrictive flight path easement. I oppose REZ Bill 87 on the merits: (1) §205A-21 Findings and purposes. The legislature finds that, special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options... The legislature finds and declares that it is the state policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. (2) ML zoning is inconsistent with the 2005 General Plan (and proposed GP 2045) because this parcel, TMK 3- 2-1-6-2 is across from Reed's Bay Ice Ponds and Reed's Bay, both of which are listed as Special Places of Natural Beauty protected under the public trust doctrine, article XI, section 1 of the Hawai'i Constitution. (3) The 2005 GP states ML zoning allows for noxious enterprises that might not be compatible with commercial and other zoning districts. (4) The zone change is inconsistent with the nearby Open and Resort zoning across the street. (5) ML zoning allows for noxious enterprises like junk yards, or a noisy water bottling plant which are inconsistent with the Resort and Open zoning across the street as well as the existing businesses and parks - the SCP Hilo Hotel (formerly the Seaside hotel), The Ponds restaurant, and Reed's Bay Beach park and Ice Ponds. (6) The project, a car sales lot and service operation is not suited to this location in the SMA and in a restrictive flight path easement (see letter from DOT and applicant's site map in the Background Report attached) which has restrictions on solar panels and vegetation that might attract birds that interfere with the pilots' vision, radio, or fowls engines and causes accidents. (7) The landscaping provisions in the zoning code and by rule will do little to visually screen 135 vehicles from street views. Aloha Kia chose this location for its show-stopping street view to sell their product; and obviously ornamental vegetation that will visually block the view of the product they are selling will not be chosen. (8) There is no provision for more than the charging stations for e-cars required by existing law for commercial development— i.e. no charging station requirement for all of Aloha Kia's e-cars. This particular location is not suited for a car sales lot because of the restrictive flight path easement. A car lot selling e-cars will most likely draw electricity from the public grid and undermine, and not contribute to, our state and county zero 1 Comm. No 5 0. Ref. To: ' ..111•1 Ref. Date 1. ' 5 _1 emissions goals that the Council is required to consider under HRS §225P-5 Zero emissions clean economy target and Hawai'i County's Climate Mitigation Plan. (9) The existing commercial restaurants, (Millie's Deli and Snack Shop and a Thai restaurant) services the Keaukaha and Leleiwi neighborhoods which are underserved for lack of commercial zoning and they are an affordable option along with Verna's servicing pedestrian traffic from Reed's Bay beach park. (10) Industrial zoning and a car sales lot in this particular location changes the quintessential character of Hilo as a place of natural beauty that fuels our tourist economy. I included the Background Report because the link in Communication 520 does not work. Thank you for your consideration. Claudia Rohr, owner of TMK (3)2-1-18-05 bordering Kalanianaole St. 808-640-5976 Sent from my iPad 2 IN H. JOSH GOVERNOR M.D. wsvv. EDWoRECT FEN OR � • �� Deputy Directors Ott t .'} FORD N.FUCHIGAMI DREANALEE K.KALILI TAMMY L.LEE ROBIN K.SHISHIDO STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP00226.23 HONOLULU, HAWAII 96813-5097 STP 8.3633 July 7, 2023 VIA EMAIL: planning@hawaiicounty-gov Mr. Zendo Kern Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 ' Hilo, Hawaii 96720 Attention: Mr. Alex Roy Dear Mr. Kern: Subject: Special Management Area Use Permit Application (PL-SMA-2023-000032) and Change of Zone Application (PL-REZ-2023-000047) Aloha Kia Hilo, Hawaii Island, Hawaii Tax Map Key: (3)2-1-006: 002 Thank you for your memorandum, dated June 9, 2023, requesting the Hawaii Department of Transportation's (HDOT) review and comments on the Special Management Area Use Permit and Change of Zone Application for the subject applicant. HDOT understands Aloha Kia is relocating their car dealership to an approximately 1.79-acre parcel fronting Kalanianaole Street(State Route 19) and Kamehameha Avenue(County jurisdiction) in Waiakea, South Hilo. The proposed project includes the conversion and expansion of an existing building, construction of a service station, as well as adding 135 parking stalls. The project will be accessed from the existing driveway adjacent to Kalanianaole Street. In addition, the project proposes to construct an additional access driveway adjacent to Kamehameha Avenue. The project is estimated to generate approximately 21 peak-hour trips. HDOT has the following comments: 1. The proposed car dealership project is adjacent to Hilo International Airport(ITO) on the northeast end and approximately 1,398 feet from the end of Runway 8. All projects Planning Devi. • Exhibit 6 Mr. Zendo Kern STP 8.3633 July 7, 2023 Page 2 within 5 miles from Hawaii State airports are advised to read the Technical Assistance Memorandum (TAM) for guidance with development and activities that may require further review and permits. The TAM can be viewed at this link: http://files.hawaii.gov/dbedt/op/docs/TAM-FAA-DOT-Airports_08-01-2016.pdf. 2. Federal Aviation Administration (FAA) regulation requires the submittal of FAA Form7460-1 Notice of Proposed Construction or Alteration pursuant to the Code of Federal Regulations, Title 14, Part 77.9, if the construction or alteration is within 20,000 feet of a public use or military airport which exceeds a 100:.1 surface from any point on the runway of each airport with its longest runway more than 3,200 feet. Construction equipment and staging area heights, including heights of temporary construction cranes, shall be included in the submittal. The form and criteria for submittal can be found at the following website: https://oeaaa.faa.aov/oeaaa/external/portal.jsp. Please provide a copy of the FAA response to the Part 77 analysis to the HDOT Airport Planning Section. 3: Due to the project's proximity to ITO, the applicant should be aware of potential single- event noise from aircraft operations. There is also a potential for fumes, smoke, vibrations, odors, etc., resulting from occasional aircraft flight operations over or near the project. These incidences may increase or decrease over time and are dependent on airport operations. 4. If a solar energy photovoltaic (PV) system is going to be installed, be aware that PV systems located in or near the approach path of aircrafts can create a hazardous condition for pilots due to possible glint and glare reflected from the PV panel array. If glint or glare from the PV array creates a hazardous condition for pilots, the owner of the PV system shall be prepared to immediately mitigate the hazard upon notification by the HDOT and/or FAA. The FAA requires a glint and glare analysis for all solar energy PV systems near airports. The www.sandia.gov/glare website has information and guidance with the preparation of a glint and glare analysis. A separate FAA Form 7460-1 will be necessary for the solar energy PV system. A copy of the FAA response to the glint and • glare analysis shall be provided to the HDOT Airport Planning Section by the owner of • the solar energy PV system. Solar energy PV systems have also been known to emit Radio Frequency Interference (RFI)to aviation-dedicated radio signals, thereby disrupting the reliability of air-to-ground communications. Again, the owner of the solar energy PV system shall be prepared to immediately mitigate the RFI hazard upon notification by the HDOT and/or FAA. 5. The proposed project shall not provide landscape and vegetation that will create a wildlife attractant, which can potentially become a hazard to aircraft operations. Please Mr. Zendo Kern STP 8.3633 July 7, 2023 Page 3 • review the FAA Advisory Circular 150/5200-33C,Hazardous Wildlife Attractants On Or Near Airports for guidance. If the project's landscaping creates a wildlife attractant, the developer shall immediately mitigate the hazard upon notification by the HDOT and/or FAA. 6. Based on the project information provided, the HDOT does not anticipate significant direct or indirect adverse impacts to state highways. No mitigation is warranted or proposed for traffic conditions on state roadways. 7. Determine applicability for the following HDOT permits: a. Permit to Perform Work Upon State Highways is required for any work within the state highway's Right-Of-Way (ROW),per Hawaii Revised Statute (HRS) Chapter 264. The application includes the review and approval of construction drawings and a Traffic Management Plan. b. Permit to Operate or Transport Oversize and/or Overweight Vehicles and Loads Over State Highways (HRS Chapter 291, Section 36). c. Permit for the Occupancy and Use of State Highways(HRS Chapter 264). This is applicable to underground and overhead power lines and utility pipelines within the state highway ROW. The permit applications and instructions are available at the following link: https://hi dot.hawai i.Qov/hi nhways/home/doin n-bus iness/guide-to-perm its Please submit any subsequent land use entitlement-related requests for review or correspondence to the HDOT Land Use Intake email.address at DOT.LandUse@hawaii.gov. • If there are any questions, please contact Mr. Blayne Nikaido, Planner, Land Use Section of the HDOT Statewide Transportation Planning Office at(808) 831-7979 or via email at blayne.h.nikaido a hawaii.gov. Sincerely, 14g/ EDWIN H. SNIFFEN Director of Transportation