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Law Offices of Yeh & Kim RONALD N.W.KIM <br /> A Limited Liability Law Company Associate: rkin'@yehandkim.eom <br /> KEYRA K.WONG <br /> 505 Kilauea Ave.#B,Hilo,Hawai'i 96720-2830 <br /> Of Counsel:kwong@yehandkim.com <br /> Telephone (808)961-0055 THOMAS L.H.YEH <br /> tly@ yehandkim.com <br /> JOHN MUKAI <br /> jmukai@yehandkim.com <br /> DANNY PATEL <br /> dpatel@yehandkim.com <br /> August 17, 2021 <br /> Zendo Kern, Director <br /> Hawaii County Planning Department <br /> 101 Pauahi Street, 43 <br /> Hilo, HI 96720 <br /> Zendo.kern(�hawaiicountygov <br /> Enactment of Ordinance to Rezone Tax Map Key Nos. 2-2-032-023, 2-2-032-101, 2- <br /> 2-032-102, 2-2-032-103, 2-2-032-104 back to Limited Industrial (ML-20) <br /> Dear Mr. Kern, <br /> I am writing on behalf of my client, Chaqueaux, LLC, to request that you initiate <br /> action to enact an ordinance to rezone properties identified by TMK Nos. 2-2-032-023, 2-2- <br /> 032-101, 2-2-032-102, 2-2-032-103, 2-2-032-104 ("Property") that Hawaii County Council <br /> Ordinance No. 97-106 ("Ord. No. 97-106" or the"Ordinance") changed from the Limited <br /> Industrial ("ML-20") District Classification to Industrial-Commercial Mixed("MCX-20") <br /> due to the failures to fulfill the Ordinance's conditions by the deadlines therein. <br /> Chaqueaux, LLC owns a substantial portion of the Property, identified by TMK Nos. 2-2- <br /> 032-023, 2-2-032-101, 2-2-032-102, and 2-2-032-103 ("Kuawa Lots"), and has no plans to <br /> use the Kuawa Lots for MCX purposes. <br /> The intent of the MCX zoning district it"to permit a broad range of uses without <br /> exposing nonindustrial uses to unsafe and unhealthy environments", promoting"a viable <br /> mix of light industrial and commercial uses." HCC § 25-5-130. The ML zoning district is <br /> intended for"areas for business and industrial uses which are generally in support of but not <br /> necessarily compatible with those permissible activities and uses in other commercial <br /> districts." HCC § 25-5-140. Accordingly, the following uses are among the uses allowed <br /> in the ML, but not the MCX district: automobile and truck storage facilities; carpentry, <br /> hardwood products and furniture manufacturing and storage establishments; cleaning and <br /> dyeing plants without restrictions; contractors' yards for equipment, material, and vehicle <br /> storage, repair or maintenance; greenhouses and plant nurseries; heavy equipment sales, <br /> service, and rental; lumberyards and building material yards; plumbing, electrical, air <br /> conditioning, and heating establishments; recycling centers; storage and sale of agricultural <br /> production products; transportation and tour terminals; utility facilities,public and private, <br /> including offices or yards for equipment, material,vehicle storage, repair or maintenance; <br /> vocational schools; warehousing that does not include retail sales or discount houses or <br /> establishments open to the general public or defined members; wholesaling and distribution <br /> Planning Dept. <br /> Exhibit 3 <br />