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HomeMy WebLinkAbout2024-02-20 PL-REZ-2023-000053 Gail Rhoades Letter to Zendo & PC Testimony From: Gail Rhoades To: WPCtestimonv; Lou Rhoades; Kamaluhiaokalani Mauna;mbrestovanskvCabhawaiitribune-herald.com Subject: Testimony for the March 7th meeting Date: Tuesday, February 20, 2024 4:49:02 PM Attachments: Letter to Zendo.odf Plannina Commission Testimony 3.7.24.odf FROM: Gail Rhoades, 1045 Manono Street, Hilo, HI 96720 (808)895-0127 Please have the following four page"testimony"document loaded onto the laptop so I can refer to it during my testimony. Let me know if the formatting is OK. Thanks The letter addressed to Mr. Kern needs to be included in the commission member packets for review prior to the meeting. Thank you. &ail Rhoades 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). The lawsuit against Manono Corner LLC would be for creating an "attractive nuisance". If a building is closed at night then after-hours security will need to be addressed An empty building with places to hide in the back will attract the homeless, drug users and others who should not be on the premises. In our testimony at the January Windward Planning Commission meeting we spoke about our concerns regarding security as we have been burglarized in the past. We strongly feel the application for zone change should be denied. If this does not happen, then the following conditions are requested: 1. ZONING DEFINITION LIMITATION: No vehicle inducing establishments to be allowed with the MCX zoning change. This would eliminate any drive throughs, convenience stores, gas stations and other like entities. 2. TRAFFIC CONTROL: Applicant to place road barriers in the parking lot to dissuade auto drivers from cutting through the parking to lot to avoid the intersection. Example barriers are like the speed bumps like those found in the United States Post Office parking lot near the airport. Applicant to use existing driveway for Manono Street right only exit in concert with the Department of Public Works' written recommendation to the Planning Department. 3. LIMITED HOURS: Limit the hours of operation to 6am to 10pm. This would negate bars/lounges and 24hr entities. 4. LEAD DUST MITIGATION: Dust barrier enclosures to be erected prior to demolition of existing structures and debris clearance and construction to mitigate exposure to residential properties adjacent to and near the property of lead dust and dust in general. Our alternative is to file a complaint with the EPA which could delay demolition and construction possibly for months. 5. MITIGATION FUND: Because this development will draw a number of cars and people to it, the Landowner should be required to create a Mitigation Fund of twenty thousand dollars annually. Fund would pay for, among other things, cleaning and preventative measures, rubbish collection/removal, and installation of window awnings due to excessive vehicle headlights shining into our bedroom. Among the rubbish anticipated to be deposited along the property includes syringes, human waste and other garbage too numerous to itemize. Medical waste requires special handling and disposal. My husband and I should not be held responsible to clean up rubbish generated by and coming from Manono Corner, LLC. We are bringing these issues to your attention for your thoughtful consideration and resolution. We have already met with the property owners and Sid Fuke (their planning consultant). Mr. Fuke stated in the meeting that he would draft language addressing the vehicle producing entities but his draft language does not meet our needs or concerns. We have lived in our home next door to the Manono Corner property for 28 years and we plan on staying in it for many more years to come. We are saddened at what we see as "spot zoning" being conducted by your department. For example, four properties near ours on Manono Street were previously zoned as RS and were changed to CN. They sit vacant and have become eye-sores. They were not zoned as MCX according to the General Plan nor have the lots been developed as initially proposed. You might want to look at the zoning for Waiakea House Lots to see the "spot zoning" for yourself. We strongly feel the General Plan and how it depicts Waiakea House Lots negates the need for centrally located residential housing. We bought our house because of the location and closeness to services. Doing away with this residential neighborhood is bad for the long-term growth and quality of life for Hilo and residents wanting to age in place. Sincerely, Lou & Gail Rhoades 1045 Manono Street Hilo, HI 96720 gailrhoades3314(o-)amail.com cc: Sid Fuke, Planning Consultant Kalysa Hamilton, Manono Corner, LLC Windward Planning Commission Jennifer Kagiwada, Council Representative, District 2 Jennifer.Ka,iw�(o)hawaiicount ..gov Michael Brestovansky, Hawaii Tribune Herald mbrestovansky@hawaiitribune-herald.com FYI: Dept. of Health, Honolulu Branch, Miss Roxanne (808)586-4226 MANONO CORNER LLC R '' U & 'BAIL RHOADES _ ! NORTH o : w L UNSAFE DRIVEWAY EXIT POSES PUBLIC SAFETY ISSUE The proposed plan as submitted by Fuke Consultants show an exit from the property as right out,right in and left out. The left out would put cars exiting over two sets of a double yellow lines below the beginning of the left turn lane on Manono Street. This poses a public safety issue for multiple reasons. 1. Traffic turning left from Lanikaula onto Manono Street would be confronted by automobiles exiting the Manono Corner LLC trying to turn left from said property onto Manono Street. Exiting cars would have to cross two sets of double yellow lines. *mom 2. Traffic going south on Manono Street trying to turn left on Lanikaula Street would have to negotiate around automobiles exiting left from the Manono Corner LLC. 3. Traffic going north on Manono Street would have to negotiate around automobiles exiting left from the Manono Corner LLC. 4. The National Highway Traffic and Safety Administration has published crash statistics: 82.4%of traffic accidents occur in or near an intersection. 5. We agree with the Dept of Public Works recommendation of right in/right out only for the Manono Street exit. 6. If the planning department sides with Mr.Fuke and intends on allowing a left turn exit from the property,we expect a traffic study to be conducted first. WHAT WE EXPECT AS CONDITIONS FOR APPROVAL 1. UNDERGROUND PETROLEUM TANK REMOVAL: Owner to determine location of underground tank(s),dig them up and conduct an EPA approved site assessment including soil sampling and report(s)to Dept.of Health and to the Commission. 2. ZONING DEFINITION LIMITATION: No vehicle inducing establishments to be allowed with the MCX zoning change.This would eliminate any drive throughs,convenience stores,gas stations and other like entities. 3. TRAFFIC CONTROL: Applicant to place road barriers in the parking lot to dissuade auto drivers from cutting through the parking to lot to avoid the intersection. Example barriers are like the speed bumps like those found in the United States Post Office parking lot near the airport. Applicant to use existing driveway for Manono Street right only exit in concert with the Department of Public Works'written recommendation to the Planning Department. 4. LIMITED HOURS: Limit the hours of operation to 6am to 10pm. This would negate bars/lounges and 24hr entities. 5. LEAD DUST MITIGATION: Dust barrier enclosures to be erected prior to demolition of existing structures and debris clearance and construction to mitigate exposure to residential properties adjacent to and near the property of lead dust and dust in general. Our alternative is to file a complaint with the EPA which could delay demolition and construction possibly for months. 6. MITIGATION FUND: Because this development will draw a number of cars and people to it,the Landowner should be required to create a Mitigation Fund of twenty thousand dollars annually. Fund would pay for,among other things,cleaning and preventative measures,rubbish collection/removal,and installation of window awnings due to excessive vehicle headlights shining into our bedroom. Among the rubbish anticipated to be deposited along the property includes syringes,human waste and other garbage too numerous to itemize. Medical waste requires special handling and disposal.My husband and I should not be held responsible to clean up rubbish generated by and coming from Manono Corner,LLC. POTENTIAL LAWSUITS We believe that IFthe Windward Planning Commission adopts the proposal submitted by Manono Corner,LLC, WITHOUT Conditions of Approval attached to the zoning request,we can file two(2) lawsuits: (1) A lawsuit against the County of Hawaii for an unconstitutional taking reducing the value of our property AND (2) A lawsuit against the landowner for creating an attractive nuisance. We believe the Planning Department has and continues to engage in "spot zoning" If the Waiakea House lots area is envisioned to transition into MCX zoning as described in the General Plan,then the Planning Department should begin the process of rezoning the entire area,instead of individual lots on an ad hoc basis. Spot zoning in the last twenty years in the Waiakea House Lots subdivision has produced a variety of zoning designations inconsistent with the General Plan for MCX industrial/ commercial zoning of the entire area.