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HomeMy WebLinkAboutCOM 0056.000 2006-2008 +tV W y . Harry Kim Christopher J. Yuen Mayor Director ~'+:a•e;~_~;+` Brad Kurokawa, ASLA LEED®AP /.~'LT1XYTt~1 Ol ~2~~FIYI Deputy Director PLII'AJJ~,NNINtSG DEPARTMENT ]Ol Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808) 961-8288 FAX (808) 961-8742 Cam. C =s C_M C'i'7 { r- m n N December 22, 2006 `T .3 Honorable Pete Hoffmann, Chair and Members of the County Council HAWAII COUNTY COUNCIL 333 Kilauea Avenue Hilo, HI 96720 Dear Chair Hoffinann and Members of the County Council: SUBJECT: BILLS 220 and 221 (Gardner Rezoning) The Planning Department continues to oppose the proposed self-storage facility on Highway 130 near Pahoa. It passed the Planning Committee on Dec. 19, 2006, with a favorable recommendation, as a "Draft 2" , by a 5-4 vote. We have the following additional comments: 1. Draft 2 of Bi11221 does not actually require that the self-storage facility take its sole access with the county fire/police site that is adjacent. This may have been the expectation of the Council, but it is not an express condition of Draft 2. 2. The condition of Draft 2, that the applicant construct a service road across the county property to serve as an access to the adjacent property, triggers an environmental assessment under Chap. 343, Hawaii Revised Statutes, because this proposes a use of county or state property. The environmental assessment must be completed before any final action is taken on the rezoning. 3. It is not clear what the legal status would be of the "service road" across the county property. The proposal would result in traffic that uses the self-storage facility crossing county property on a "service road" shared between the county and the self-storage facility. The county could face liability for an accident that Comm. No. Ref. Tonto Ref. Dote ~Ah D 4 2447 _ Hawaii County is an Equal Opportunity Provider and Employer. Honorable Pete Hoffinann, Chair and Members of the County Counci] HAWAII COUNTY COUNCIL Page 2 December 22, 2006 occurred on its property. The county property is not a public road. The property is under executive order to the county for specific purposes, which do not expressly include the provision of an easement to adjacent property. 4. The State Department of Transportation's comments stated that the applicant shall provide left-turn channelization on Highway 130. These comments would normally be stated as a condition of rezoning if the Planning Department recommended approval. We ask that the Council carefully think about allowing a private commercial operation that will induce customers to make left turns off Highway 130. If the Council is inclined to approve this rezoning, we request that an additional condition be added to read: "Applicant shall construct access improvements to Highway 130 as required by the Department of Transportation, including but not limited to left-turn channelization." 5. I should have mentioned, when asked about this project's consistency with the General Plan, that this project violates the following "Course of Action", on p. 14- 26 of the General Plan: "Centralization of commercial activities in Pahoa Town, rather than along the Pahoa By-Pass, to serve the residents of Lower Puna shall be encouraged." Sincere, CHRISTOPHER Y. YUEN Planning Director CJY:pak Wpwin60/Christ/Hoffman-Bills 220 and 221 (Gardner Rezoning)