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HomeMy WebLinkAboutCOM 0376.000 1996-1998 w t~f'I.M.. ~ William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho iA. Deputy Managing Director ~'a, a. ~D1YIt~~1 II~ ~ti~1TtITT 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (BOS) 961-8211 Fax (808) 961-6553 KONA: 755706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808) 326-5663 ~ ~(7 c__ Il C) _ June 25,1997 = _L _ Honorable James Y. Arakaki, Chairman ' and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96740 Dear Chairman Arakaki and Members: Change of Zone Ord. No. 93-38, as Amended by Ord. No. 96-3 (REZ 744) Applicant: McClean Honokohau Properties, L.P. Request: Amendment to Condition P (Ready-Mix Concrete Botching Plant) Tax Mao Kev 7-4-0826 and 49 As required by Chapter 4, Section 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above captioned request. Sincerely, i Stephen K. Yamashiro Mayor Enclosures xc: Planning Commission REZ 744 cUrnra. 9to. Idle No. ~YV t{.ef, To: ~ ttet. Date__ `uN 2 7 1f~7 tY Os Jib Stephen K. Yatnaxhiro ,c V Mawr a~~' ~~•Oi•M'~ ~IIlYit~~1 II~ ~tC~tItltt PLANNING COMMISSION 25 Aapuni Street, Room 109 • Hilo, Hxwxii %720.4252 (808) %1-8288 Fxx (808) %1•%IS 'JUN 2 5 1941 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 93-38, as Amended by Ordinance No. 96-3 (REZ 744) Applicant: McClean Honokohau Properties, L.P. Request: Amendment to Condition P (Ready-Mix Concrete Batching Plant) ~~y• 7-4-08.26 and 497-4-08.26 and 49 The Planning Commission, after a duly held public hearing on June 12, 1997, voted to recommend for your approval the proposed legislative bill for an amendment to Condition P (complete construction and in operation of a ready-mix concrete batching plant) of Change of Zone Ordinance No. 93-38, as amended by Ordinance No. 96-3, which reclassified lands from Open (O) to Limited Industrial (ML-40a) and General Industrial (MG-5a) at Honokohau 2nd, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The purpose of this request is to amend the performance requirements of Ordinance No. 93-38, as amended by Ordinance No. 96-3, to ensure that the applicant is not in violation with the time conditions. The inability of the petitioner to comply with the requirements of Condition P of Ordinance No. 93-38, as amended by Ordinance No. 96-3, is a result of conditions which could not have been foreseen or are beyond the control of the petitioner. In their letter of March 3, 1997 to the Planning Director, the applicant states the construction and operation of a ready-mix concrete batching plant requires the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 availability of utilities and particularly electric power to the plant site. The applicant has constructed a 60' graded road to the ready-mix plant site. The applicant has also installed a 12" water line in accordance with plans approved by the Department of Water Supply and an 8" sewer line in accordance with plans approved by the Department of Public Works. The only utility not yet installed is electric power. On August 9, 1995, Helco submitted its proposal for installation of an overhead electrical distribution system to serve the applicant's project. The charge of $78,628.00 was paid by the applicant. However, Helco determined that it was necessary to install the new Helco three phase 12.47KV over head distribution system and pole P-S1X on Queen Kaahumanu Highway before it could extend the three phase up to the applicant's ready-mix plant site. Because of the foregoing delay in the installation of electric service to applicant's project, it is impossible to meet the deadline of April 27, 1997, for construction and operation of the ready-mix plant. Approval of this amendment request would not be contrary to the General Plan nor would it be contrary to the original reasons for granting the change of zone. The applicant has continually worked to secure the necessary approvals from the Department of Public Works for the required improvements within and beyond, the boundaries of the project site. The applicant's ability to construct the ready-mix batching plant is subject to the installation of the electric service by Helco. Over the many years the applicant has been before the Commission, the applicant has shown perseverance in managing the many requirements which they have and to deal with. The applicant has either complied with or initiated the process of compliance with other conditions of approval within the subject ordinance. For your favorable consideration, an amendment to Ordinance No. 93-38, as amended by Ordinance No. 96-3, is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, ^ Kevin M. Balog, Chairman Planning Commission AK: syw LMcCIe02.PC Enclosures cc: Mr. Robert S. McClean Department of Public Works Department of Water Supply West Hawaii Office Land Use Commission ~ BMccIeOLemm-OS\9\97 COUNTY OF HAWAII PLANNING DEPARTMENT BA KGRO F.PORT MCCLEAN HONOKOHAU PROPERTIES, L.P. AMENDMENT TO CONDITION P (READY-MIX CONCRETE BATCHING PLANT) CHANGE OF ZONE ORDINANCE NO 93-38 AS AMENDED BY ORDINANCE NO 96-3 McClean Honokohau Properties, L.P., has submitted a request for an amendment to Condition P (complete construction and in operation of a ready-mix concrete batching plant) of Change of Zone Ordinance No. 93-38, as amended by Ordinance No. 96-3, which reclassified lands from Open (O) to Limited Industrial (ML-40a) and General Industrial (MG-Sa) at Honokohau 2nd, North Kona, Hawaii, TMK: 7-4-08: Portions of 26 and 49. CHRONOLOGY 1. April 11,1991 - Tie State Land Use Commission reclassified the subject property from the State Land Use Conservation District to the Urban District. TMK: 7-4-08:26 consists of 45.5 acres (Increment I). TMK: 7-4-08:49 (Increment II) consists of 44.12 acres, for a total proposed development containing 89.62 acres. The Land Use Commission approved the incremental development with the provision that reclassification from Conservation and Agricultural Districts to Urban District would be granted upon prima facie showing that substantial on-site and off-site improvements within Increment I have been completed within five yeazs from the date of April 11, 1991 order. 2. March 27,1992 -Request for Change of Zone for approximately 40 acres from Open to Limited Industrial (ML-40a) and approximately 5.5 acres to General Industrial (MG-Sa). This request for change of zone did not address the entire parcel. The 12.294 acres were lefr in County Unplanned. 3. Apri127,1993 -Change of Zone Ordinance No. 93-38 was approved by the County Council which rezoned 40 acres of the property to Limited Industrial (ML-40a) and 5.5 acres to General Industrial (MG-Sa). 4. March 13,1995 -Request to amend Condition J (construction of a 60-foot wide dedicable road) of Ordinance No. 93-38 was filed with the Planning Commission. ATTACH. C-376 (B-108j r" ~ 5. Apri15, 1995 -Applicant filed a Motion for Amendment to Findings of Fact, Conclusions of Law, and Decision and Order with the State Land Use Commission requesting that a 12.294 acre parcel, which is subject to Incremental Districting be released from the Decision and Order. 6. Apri17,1995 -The Planning Director granted time extension of Ordinance No. 93-38 for Condition B (secure final plan approval of industrial uses within the ML-zoned lands), and Condition P (complete construction of the concrete batching plant and commence operations), until Apri127, 1997. 7. August 22,1995 -Order granting Motion for Amendment to Findings of Fact, Conclusions of Law, and Decision and Order was filed which released approximately 12.294 acres pazcel from the Decision and Order. 8. January 12, 1996 -Ordinance 96-3 was approved by the County Council, amending Condition J of Ordinance 93-38. 9. February 14, 1996 -Request for a State Land Use Boundary Amendment to reclassify approximately 12.294 acres of land Agricultural to Urban District was filed with the Planning Department. 10. May 19,1996 -The Land Use Commission entered Order Granting Motion for extension of time to substantially complete Increment I and to apply for redistricting of Increment II to April 16, 1999. 11. July 26,1996 - Ordinance 96-85 was approved by the County Council which amended the State Land Use Boundary by changing the district classification from Agricultural to Urban District . 12. Condition P of Ordinance No. 96-3 states the following: "P. The applicants, its successors, or assigns of the development on the above described Parcel 2, designated in the MG-5 zoned district, shall be required to take appropriate measures as required by the state Land Use Commission's . Decision and Order to control and minimize any environmental conditions which include, but are not limited to odor, dust, noise, and nuisances caused by the operation of aready-mix concrete batching plant. It is the county's intent that the -2- ( l`~ use of Pazce12 shall be limited to the construction and operation of a ready-mix concrete batching plant and its subordinate accessory uses. In the event that either (1) the ready-mix concrete batching plant is-not constructed and in operation within two yeazs of the effective date of this bill or (2) the ready-mix concrete batching plant terminates its operations or fail to comply with any provisions as required by the state Land Use Commission's Decision and Order and the Conditions of Approval, the Planning Director shall initiate rewning of its original or more appropriate designation." GENERAL INFORMATION 13. Robert S. McClean, Trustee of the Robert S. McClean Trust, is the sole owner of the subject property. PROPOSED DEVELOPMENT 14. In a letter dated Mazch 3, 1997, the applicant has requested amendment to Condition P of Ordinance No. 93-38, as amended by Ordinance No. 96-3. 15. Objectives: "The purpose of this letter is to request a further extension re Condition (P) to Apri127, 1998 based upon the following: 'The construction and operation of aready-mix concrete batching plant requires the availability of utilities and particularly electric power to the plant site. Applicant has constructed a 60' graded road to the ready-mix plant site. Applicant has also installed in the road, a 12" waterline in accordance with plans approved by the Department of Water Supply and 8" sewer line in accordance with plans approved by the Depaztment of Public Works. The only utility not yet installed is electric power... ' 'Because of the foregoing delay in the installation of electric service to Applicant's project, it is now impossible to meet the deadline of Apri127, 1997 for construction and operation of the ready-mix plant." . 16. Additional Information: The applicant has submitted the following in support of the request: (See Exhibit A -Letter dated March 3, 1997) -3- r STATE & COUNTY PLANS: 17. SLU: Urban. 18. GP LUPAG MAP: Urban Expansion Area. This category allows for a mix of high density, medium density, low density, industrial and /or open designations in azeas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 19. County Zoning: Limited Industrial (ML-40a) and General Industrial (MG-Sa). 20. SMA: The subject property is not situated within the Special Management Area boundary. AGENCIES' COMMENTS 21. Fire Department (Apri125,1997 Memo): "We have no objections to the above-referenced Change of Zone Ordinance." 22. Department of Public Works (Apri128,1997 Memo): "We have reviewed the subject application and have no comments." 23. State Department of Transportation-Honolulu (May 13,1997 Letter): "Thank you for your transmittal of April 17, 1997, requesting our review on the subject application. "The proposed time extension to complete the construction and operation of a ready-mix concrete batching plant is not anticipated to have an adverse impact on our State transportation facilities in the azea. "We appreciate the opportunity to provide comments." 24. State Department of Transportation-Hilo (May 28, 1997 Memo): "We have no objection to the requested time extension." 25. Real Property Tax Division (Apri124,1997 Memo): "There are no comments at this time. "Current Real Property taxes aze paid through June 30, 1997 for both." 26. Department of Water Supply: (See Exhibit B -May 6,1997 and May 1, 1992 Memos) -4- f AGENCIES- NO RESPONSE 27. HELCO and State Department of Health PUBLIC COMMENTS 28. The Department has not received any objections from the general public or adjacent landowners. -5- '97 ~iil 11. Pfd `t Ob r. ~~.rrr~r ~ 1 n L l J 1 1? I. n r+ I ~ . k~6~89107/~~,~ ~ March 3. i997 M ooG~~i~J'~ o,, FG ~ M ~r ~ ti~,~~FQ a Ms. Virginia Goldstein, Planning Di: actor N~29~SZtiZ~~a~`" County of Hawaii Planning Department 25 Aupuni Street Hilo, Haw::ii 9672C-4252 Applicant: Mc Clean Honokohau Propetties, L P Request for Extension of Time re Ordinance No- 9;-3g parcel Tax bfap Key: 3-7-4-08: Portion of 3C Deer M14s Goldstein; Mc Clean Honokohau Properties, a Hawaii Limited Partnership requests an Extension of Time to Perform under Ordinance No. 93-38 Condition (P) which provides in Dart as follows; "It is the County's intent that tl;e use of Parcel Z steal; be Lniited to the construction and operation of a ready-mix concrete hatching plant and its subordinate accessory uses. In tre event that either (I) [he ready-mix concrete batcftint=_ plant is not constructed and in operation within two years of the effective date of this bill or (2; the ready-mix concrete batchirg plant terminates its oeera[ions or fails to comply with anv provisions as required by the State Land Use iAmraSSigt•.°.'S Decsion .^d Order and ti1~ Cordi:io; s of A^pr0;'e:, t^o PLnn:n;; Directq: shall initiate rezoning to its original or more appropriate desivration." The effective date of the Ordinance was Ap: is 27, 1993. By letter dated April 7, 1995, the Planning Director extended the time for complying with Condition (P) to April 27, 1997. The purpose of this letter is to request a further extension re Condition (P) to April 27, 1998 based upon the following, The construction and operation of a ready-mix concrete hatching plant requires the availability of utilities and particularly electric power to tl~e pla;tt site. Applicant has constructed a 60' graded road to the ready-mix plant site. Applicant has also installed in the road, a 12" water line in accordance with plans approved b}' the Department of Water Supply and a 8" sewer fine in accordance with plans approved by the Department of Public Works. The one utility not yet ~ `FIIB~T G~2:96 A' ;:^~Gu ,-o~- - an 9676 ' 808~~~,2'' ..~..~J installed is electric power. On August 9, 1995, Helco suur.»tted i[s proposal for the installation of an overhead electrical distribution system to serve the Applicant's project including the ready-mix plant site. Helco estimated the total charges for the electrical system as detailed in Helco Drawing No. 95-E-87 would be $ 78,628.00, payable ; 0% at the time Applicant accepted the proposal and the balance at least four(4) weeks before the construction begins. With the expectation that Helco would proceed immediately with the project, two days later on August 11, 1995, Appiicant paid Helco [he full amount cr'the estimated cost of $78,625.00. However, Helco in Sep ember 1995 determined tha; is was necessary to install the new Helco three Phase I2.~7KV overhead Distribution System and Pole P-S1X on Queen Kaahumanu Highway before a could ex;end :he three phase service up to Applicant's ready-mia plant site. Since that date, Helco has installed the new Three Phase Distribution system along Queen Kaahumanu Highway and recently installed the necessary poie P-51X to ex[end the three phase service to Applicant's project. We are now advised by Helco that it is ready to proceed with construction of the service line to Applicant's property. Because of the foregoing delay in installation of electric service to Applicant's project, it is no+v impossible to meet the deadline of Aeri1. 27, 1997 for construction and operation of the ready-mix plant. West Hawaii Concrete is the company that will construct and operate the ready-mix plant. West Hawaii Concrete cannot begin constructien until the electric service is available which will probably be June 30. 1997. Thereafrer is wif; require aporosimately six months to constntct the ready-mix plant and other plan[ facilities so that plain operations can begin. West Hawaii Concrete will then ltave to apply for and obtain a Permit ttom the Department of Health to operate the ready-mix plant. This +vill require and additional three months. Based upon ;!;e foregoing=, Applicant requests that ttte time for compliance with Condition ? be extended for a period of one yesr to April 27. ! 995. Applicant respectfully submits that the non-compliance with Condition (P) is the result of conditions beyond the control of Applicant. We paid the P.t!l amou for :he construction cf ;hz electric power line in the amount of S 7N h2A'.IIO over /A' nrnmh.r at~o with the expectation that the pole line would be installed at that time. Enclosed is our check in the amount of $100.00 as a filing fee for consideration of this request by the Planning Department and the County Council, if that is required. We will appreciate your earnest review of this request. 5ircerely, ~1c Clea onokohaOu Properties A . Roben ~ '.:c C:eau General Partner of w~rt~ rdi 1! ~ ~`f DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII o`~f~wr N~w~~~'~,~! 25 AUPUNI STREET HILO, HAWAII 96720 T E L E P H O.N E (606) 9~dc9cxbMcRX F A X (606) RfjeXfP7@fba~)( 961-6660 961-8657 May 6, 1997 G ~ N l ~ / T0: Planning Department FROM: Milton D. Pavan, Manager SUBJECT: CHANGE OF ZONE ORDINANCE NO. 96-003 (REZ 744) TIME EXTENSION REQUEST TO CONDITION P SUBDIVIDER - MCCLEAN HONOKOHAU PROPERTIES, L.P. TAX MAP KEY: 7-4-008:026 AND 049 We have no objections to the subject time extension request. However, the applicant shall be aware of the water allotment limitation that was outlined in our memorandum of May 1, 1992, quoting a letter of April 7, 1992, to Ms. Cheryl Palesh of Belt, Collins and Associates. For your information, we are forwarding a copy of the above memorandum to the a icant. M1 ton Pavan, P.E. Manag r WA:g Att. copy - (w/att.) McClean Honokohau Properties, L.P. ~)CHIB1~ ~433w 1/Vafer brin~b ~ro~re6d... II ~ 0, •,Ir1 r°: t; ~ DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII o`'l, ~~x'•"t~+,,, 25 AUPUNI STREET • HILO. HAWAII 96720 TELEPHONE (8061969-t42t FA% (80819696996 May 1, 1992 TO: Planning Department FROM: H. William Sewake, Manager SUBJECT: CHANGE OF ZONE APPLICATION McCLEAN HONOKOHAU PROPERTIES TAX MAP KEY 7-4-08:26 AND 49 Attached for your information and files is a copy of a letter dated April 7, 1992 from Ms. Cheryl Palesh of Belt, Collins and Associates. We have no objections to the subject request with the following conditions: 1. Water service shall be limited to 30,600 gallons per day specifically itemized as follows: Gallons per day a. Current Uses (1) West Hawaii Concrete 24,000 (2) Boat Park-Storage, Repair, Sales 500 (3) Precast Fence Post 500 (4) Administrative Office 400 (5) Present Truck and Equipment Storage 200 (6) Concrete Test Lab 200 b. Auto - Sales, Repair, Parts 1,000 c. Hardware/Lumber - Sales and Fabrication 800 d. Additional Truck/Heavy Equipment - 50D Storage, Sales, Repair e. Warehouse Storage 400 f. Landscaping 600 g. Unallocated for Contingencies 1,500 Total 30.600 v ~ - ~S -CV.s~ ~ ~rinr 9 pro r¢dd... / ~ } a Planning Department Page 2 May 1, 1992 2. Should subdivision of the property be requested, total water demand for the subdivision shall not exceed 30,600 gpd. Any lot in the subdivision shall be allotted a minimum amount of 600 gpd and one }-inch meter. 3. If necessary, the existing 2-inch water meter shall be replaced with a smaller sized meter to allow separate services for separate uses or separate lots. 4. If necessary, on-site water system improvements shall be designed to deliver water at adequate pressure and volume under peak-flow and fire-flow conditions. 5. Water service for more than 30,600 gallons per day is contingent on additional source, transmission, and storage improvements. W. Willta~ Sv'e`wake Manager QA - cc - Ms. Cheryl Palesh Honokohau Properties ~q~ n~~ ~ r,~~6 ~ "~,rn, ...o..~.n.... . _ . , , ~ i i ~ ~ ~ . ~ , ,¢rk . ivtarch 3, i 997 ~ .F°.. , . ERs Virginia Goldstein, Planning Di, i~cror County of I-Iawaii Planning Deparunent 2> Aupuni Street 1-lilo, Haticuii 967X-={252 Applicsur vIc Crean Honokohau Properties, L P Request for Extension of Time re Ordinance No 43-38 Parcel 2. a:; tilap Key. 3-7-d-08: Portion vi Dear R'ls Goldstein, ~Ic Clean Honokohau Properties, a Hawaii Limited Partnership requests an Extension of Time to Perform under Ordinance No 93-38 Condition (P) which provides in part as follows; ~~tt is the Ccurty's intent that the visa of Parcel 2 sh:a;~ be Le~~ited to the construction and operation of a ready-mix concrete batching ola-rt and ins subordinate accessory uses- In the event that either (1) the ready-mix concrete hatching plan[ is not consrructed and in operation within two years of the effective date of this bill or (2! the ready-mix concrete batchirg plant terminates its oCera*.ions or fziis to comply witi~ any provisions as required by the State Land Use ~ ~rn:...,.,.~~:.,'s Deasion a::d Orier ::c;d uie C~n,.i;io;;, of A^pro~..... c:^.~ P!~nni^~ Directe: shall initiata rezoning to its original or more appropriate designation." The effective date of the Ordinance was April 27, 1993. By letter dated April 7, 1995,~the Planning Director extended the time for complying with Condition (P) to April 37, 1997. The purpose of this letter is to request a further extension re Condition (P) to Ap~;l 27, 1995 based upon the following; The construction and operation of a ready-mix concrete hatching plant requires the availability of utiliries and particularly electric power to the plant site. Applicant has constructed a 60' graded road to the ready-mix plant site. Applicant has also installed in the road, a 12" water line in accordance with plans approved by the Department of Water Supply and a 8" sewer line in accordance with plans approved by the L`epartment of Public Works. The one utilityr[ not ye((t~~((~~ li NNJ L installed is electric power. On August 9, 1995, Helco st~oriitted its proposal for the installation of an overhead electrical distribution system to serve the Applicant's project including the ready-mix plant site. llelco estimated the total charges for the electrical system as detailed in Helco Drawing No 95-E-87 would be $ 78,628.00, payable 10% at the time .Applicant accepted the proposal and the balance at ]east four(4) weeks before the construction begins. With the expectation that Helco would proceed immediately with the project, two days later on August ] 1, 1995, .Applicant paid Helco the full amount of the estimated cost of $78,628.00. However, Helco in September 1995 determined that is was necessary to install the new Helco three Phase 12.47KV overhead Distribution System and Pole P-5l~ on Queen Kaahmuanu Highway before it could c.etand the three phase service up to Apphcam's ready-min plant site Since that date, Helco has instailed the new Three Phase Distribution system along Queen Kaahumanu Highway and recently installed the necessary pole P-51X to extend [he three phase service to Applicant's project. We are now advised by Helco that it is ready to proceed with construction of the service line to Applicant's property. Because of the foregoing delay in installation of electric service to Applicant's project, it is nuw impossible ro meat the deadline of y;~r~1 37. 1997 to construction and operation of the reedy-miz plant. West Hawaii Concrete is the cuntpany that will construct and operate the ready-mix plant. West Hawaii Concrete cannot begin construction :nti1 the electric service is available which will probably be June 3Q 1997. Thereader is will require aoproximately six months to constn~ct the ready-mix plant and other plant facilities so that plain operations can begin- West Hawaii Concrete will then have to apply for and obtain a Permit from the Department of Health to operate the ready-mix plant. This will requiro and additional three months. Based upon tl:e foregoing, Apt~lic nt requests that the time for compliance with Condition ? be extended for a period of ono yesr to April 27 ~ 995. Applicant respecttully submits that the non-compliance with Condition (P) is the result of conditions beyond the control ef:~pplicart. '~Ve paid the Fu!1 amou^t for the construction of the electric power line in the amount of S 7~ti'.62~'.00 oven !h nnmlh.~~ ai'o with the expectation that the pole line would be installed at that time Enclosed is our check in the amount of $ 100.00 as a tiling fee for consideration of this request by the Planning Deparunem and the County Council, if that is required. We will appreciate your earnest review of this request. Sincerely, 11c Clea onokohaQu Properties i~~~i~iF~ , iy~~~~~ Robes ,.d~.,:ean General Partner