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William P. Kenoi <br />Mayor <br />West Hawaii Office <br />74-5044 Ane Keohokalole Hwy <br />Kailua-Kona, Hawaii 96740 <br />Phone (808) 323-4770 <br />Fax (808) 327-3563 <br />September 21, 2016 <br />Ms. Christy A. Logan, PMP <br />Bolton Inc. <br />P. O Box 898 <br />Kailua Kona, HI 96745 <br />Dear Ms. Logan: <br />RECE( <br />SEP262016 <br />County of Hawaii <br />PLANNING DEPARTMENT <br />Duane Kanuha <br />Director <br />Joaquin Gamiao-Kunkel <br />Deputy Director <br />East Hawaii Office <br />101 Pauahi Street, Suite 3 <br />Hilo, Hawai`i 96720 <br />Phone (808) 961-8288 <br />Fax (808) 961-8742 <br />Assessment of Conditions Relating to Warning Letter dated February 19, 2016 <br />(File No. 2015-035W) and Disposition of Special Permit Application No. 16-000188 <br />Applicant: Bolton, Inc. <br />TMK 7-5-017:044, Kahului 1St & 2nd, North Kona, Hawai'i <br />This is in regard to our letter dated August 23, 2016, wherein we requested Bolton Inc. to cease and <br />desist all work on site until a site inspection was conducted. That letter was the culmination of a <br />series of letters and confirmations requested of Bolton Inc. in an effort to determine whether or not a <br />violation of the Zoning Code or State Land Use Law had occurred and if so, whether or not the <br />Special Permit application filed by Bolton Inc. would continue to move forward. <br />After further consultation and field verification with and between DPW Engineering staff and our <br />Zoning Inspector, we conclude that work being conducted on the property under the parameters of <br />Grading Permit No. 092524 and stockpiling permits Nos. 092525 and 092529, and associated permits <br />secured thereto (DOH temporary covered source permit and community noise permit) do not fall <br />within the purview of Zoning Code requirements for a Special Permit under Section 25-5-72(c)(5), <br />HCC. <br />Section 25-5-72(c) requires that the following uses may be permitted in the (County) Agricultural <br />zoning district, provided that a Special Permit is obtained for such use if the building site is located <br />within the State Land Use Agricultural district. The only use category that could be reasonably <br />applicable under this section is "(5) excavation or removal of natural building material or minerals, <br />for commercial use." Generally speaking, we equate this definition to a quarry, where the purpose of <br />the excavation and removal of natural building material is solely for commercial purposes. <br />However, in this case, the evidence finds that the removal of natural building material from the <br />subject property is related to on-site and off-site drainage improvement purposes with no further <br />evidence it is being conducted for commercial purposes as a quarry would. We can therefore <br />conclude that the material removal, as you specifically represented, is therefore defined by Chapter <br />www.cohplanningdept.com <br />Hawaii County is an Equal Opportunity Provider and Employer planning@a,hawaiicountv.gov <br />