HomeMy WebLinkAbout94_007Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
SEP 1 9 1994
Clunfv of &RIfUM-1i
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 Fax (808) 961-9615
Mr. Robert Warme, Project Manager
Kiewit Pacific Co.
75-5595 Palani Road, #6-438
Kailua-Kona, HI 96740
Dear Mr. Warme:
Use Permit Application (USE 94-7)
Applicant: Kiewit Pacific Co.
Request: Establish Explosive Storage Facility Within an Existing
Quarry for the Storage of Explosives to be Used On -Site
Tax Mab Key: 7-4-08:26 and 49
The Planning Commission at its duly held public hearing on
August 24, 1994, voted to approve the above -referenced application.
Use Permit No. 127 is hereby issued to store explosives in approved
magazines at the quarry behind West Hawaii Concrete on approximately
5.5 acres of land in a General Industrial (MG -5a) zoned district.
The property is located approximately 3500 feet mauka of the Queen
Kaahumanu Highway approximately 500 feet north of its intersection
with Kealakehe Parkway, Honokohau 2nd, North Kona, Hawaii.
Approval of this request is based on the following:
The granting of the proposed use will be consistent with the
general purpose of the zoned district, the intent and purpose of
the Zoning Code, and the County General Plan: The proposed
explosives storage magazines will be constructed on the site of
an existing quarry, in a General Industrial (MG -5a) zoned
district. According to the Zoning Code, the purpose of this
district is provide a zone "for uses that are generally
considered to be offensive or have some element of danger."
Bulk storage of explosives is permitted only in this district,
and only with a Use Permit. In this case, the explosives will
be used solely on-site, for excavation work at the quarry. The
applicant has requested that this permit be valid for a period
of 3 years only, since there is a possibility that the quarry
1_1 79() SEP 1 9 1994
Mr. Robert Warme, Project Manager
Page 2
may be moved to a new location. There are presently no
residential areas in the vicinity of the site, and the 3 -year
time limit on the permit will ensure that the proposed use does
not conflict with the Kealakehe residential community, which
will be developed to the south of the site. The Land Use
Element of the General Plan specifies the following course of
action for the North Kona district: "Industrial development
should be in harmony with surrounding uses and the environment."
Surrounding properties are currently used for limited industrial
uses or are vacant land; therefore, the proposed construction of
temporary explosives storage magazines at this site will not be
in conflict with surrounding land uses.
The granting of the proposed use will not be materially
detrimental to the public welfare nor cause substantial, adverse
impact to the communityls character or to surrounding
properties: A quarry has been in operation at this site for
nearly 20 years. The applicant is currently using explosives to
excavate material from the quarry. The proposed storage
facilities will enable the applicant to store the necessary
explosives on site, and eliminate the cost involved in
Purchasing explosives from a middleman. The proposed storage
facilities should have no impact on the frequency of use of
explosives at the quarry, which will remain at the current level
of approximately once a week. By transporting, storing, and
handling their own explosives, the applicant will have greater
control over the quality of the materials used and the safety of
their entire operation. The proposed use should cause no change
to the existing character of surrounding businesses, which are
currently operating around the quarry. The use and storage of
explosives at the site will be closely monitored by the
appropriate State and federal agencies, to ensure that there are
no significant adverse impacts on the community.
The granting of the proposed use will not adversely affect
similar or related existing uses within the surrounding area,
community, or region: The explosives stored at the site will be
used in the operation of the existing quarry. Material
excavated from the quarry is crushed on site and sold as fill to
various private businesses. West Hawai'i Concrete purchases
some of this material for use in their concrete batching plant,
which is located approximately 2,000 feet west of the quarry.
The proposed use will therefore complement existing uses in the
project area.
The granting of the proposed use will not unreasonably burden
public agencies to provide roads and streets, sewer, water,
drainage, schools, police and fire protection, and other related
infrastructure: Roads on the quarry site are privately
maintained by the applicant and are not open to the public. A
Mr. Robert Warme, Project Manager
Page 3
security gate blocks entrance to the site when the quarry is not
in operation. Police and fire protection are available at the
site. No additional infrastructure improvements are required
for construction of the proposed explosives storage magazines,
and all concerned agencies had no objections to the applicant's
request.
Approval of this request is subject to the following conditions:
1. The applicant, successors, or assigns shall be responsible
for complying with all stated conditions of approval.
2. The applicant, successors, or assigns shall indemnify and
hold the County of Hawaii harmless from and against any
loss, liability, claim, or demand for the property damage,
personal injury, or death arising out of any act or
omission of the applicant, its successors or assigns,
officers, employees, contractors, or agents under this
permit or relating to or connected with the granting of
this permit.
3. The applicant, successors, or assigns shall secure Final
Plan Approval from the Planning Department, as specified in
Section 25-242 of the Zoning Code, within one year from the
effective date of this Use Permit. Plans should indicate
all existing and proposed structures on the project site,
12 -foot high safety berms around the proposed storage
magazines, exterior signs, roadway access and parking
stalls associated with the quarry and storage magazines.
4. Blasting activity shall be limited to the hours of
operation of the quarry, or between 7:00 a.m. to 4:00 p.m.
on Mondays through Fridays.
5. This permit shall be valid for a period of three (3) years
from its effective date.
Should the quarry cease operations at the site prior to the
expiration date of this permit, the applicant, successors,
or assigns shall remove the explosives storage facilities
and restore the site to a nonhazardous condition. Proof of
compliance with this condition shall be submitted to the
Planning Director within ninety (90) days of the
termination of quarry operations.
The applicant, successors, or assigns shall comply with all
other applicable County, State, and Federal regulations.
$• An extension of time for the performance of conditions may
be granted by the Planning Director only when a) the
Mr. Robert Warme, Project Manager
Page 4
non-performance is the result of conditions that could not
have been foreseen or are beyond the control of the
applicant, successor, or assigns, and that are not the
result of their fault or negligence; b) granting of the
time extension would not be contrary to the original
reasons for granting of the permit; c) granting of the time
extension would not be contrary to the General Plan or
Zoning Code; and d) the time extension granted does not
exceed the period originally granted for performance
(i.e., a condition to be performed within one year may be
extended for up to one additional year). If any of the
conditions are not met or substantially complied with in a
timely fashion after the Planning Director has given the
permittee notice, this permit may be voided by the Planning
Commission.
This approval does not, however, sanction the specific plans
submitted with the application as they may be subject to change given
specific code and regulatory requirements of the affected agencies.
Should you have any questions, please feel free to contact Rodney
Nakano or Linda Copman of the Planning Department at 961-8288.
Sincerely,
Wilton Wong, Vice Chairman
Planning Commission
RKN:jdk
LKiewi0l.Pc
xc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Corporation Counsel
Department of Public Works
Department of Water Supply
County Real Property Tax Division -Kona
West Hawaii Office
Plan Approval Section