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HomeMy WebLinkAboutCOM 0997.007 2006-2008 ±('r M Harry Kim Christopher J. Yuen Director Mayor Brad Kurokawa, ASLA LEEDO AP @lountig of Panf unii Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224 (808) 961-8288 • FAX (808) 961-8742 N r~ March 10, 2008 Z = F-+ N Honorable Angel Pilago, Chair And Members of the Committee on Planning - COMMITTEE ON PLANNING ~ lam' 333 Kilauea Avenue, Second Floor Hilo, HI 96720 Dear Chair Pilago and Members of the Committee on Planning: SUBJECT: BILL 235 and 236 - HALEKE'I STREET The Council is considering amendments to Bill 235 and 236 which would provide that a specific list of traffic improvements would have to be made before Haleki'i St. could be opened to connect with the Mamalahoa Bypass on a limited trial basis. The County administration agrees that improvements should be made and has given a list to the Council of the things that it would commit to. The County administration is also agreeable to the idea that these should be encompassed in an ordinance. This ordinance, however, should be one that amends the Traffic Code, Chap. 24, rather than amending the zoning ordinances for the Hokuli'a project, Bills 235 and 236. These traffic improvements, which are in some cases several miles from the Hokuli'a project, are out of place in the zoning ordinance. Chap. 24 is the place in the County Code which contains traffic regulations. Typically, a zoning ordinance contains the requirements for the property which is being zoned, and the related requirements of the private owner of the property. What is now being proposed are actually requirements placed on the County government. Passing this in a separate ordinance will have the same practical effect as amending Bills 235 and 236. Draft 1 of Bills 235 and 236 already say that Haleki'i cannot be opened until an ordinance is passed establishing mitigation for the opening. The Council can simply delay final action on Bills 235 and 236 until it passes a traffic mitigation ordinance or ordinances that it is satisfied with. Gomm: No. q17-7 Ref. To: K~lli Ref. Dote 19AR 3 2008 Hawaii County is an Equal Opportunity Provider and Employer. Honorable Angel Pilago, Chair And Members of the Committee on Planning COMMITTEE ON PLANNING Page 2 March 11, 2008 Finally, another reason for putting the mitigation commitments and limitations on the use of Haleki'i in another ordinance is that if any adjustments need to be made in the future, it is very cumbersome to amend a zoning ordinance, which requires notice to all affected property owners. In the case of Bills 235 and 236, the Planning Department had to send letters to all lot owners in the Hokuli'a project. All amendments must also go to the Planning Commission. A traffic code amendment still has to go the Council, so it retains ultimate control, but the procedure is simpler. As a technical matter, if the Council is determined to do this by amendment to the zoning ordinance rather than to the traffic code, the proposed amendment language should be added to M(4) of Bill 235, and L(4) of Bill 236, rather than creating a new subsection, to avoid inconsistency with the title of the bills. Sincerely, CHRISTOPHER 7'YUEN Planning Director CJY:pak Wpwin60lChris08-Pilago-Halekii Bill -Bills235and236 cc: Ivan Torigoe, Esq.