HomeMy WebLinkAbout09-14-2021 ADDITIONAL INFORMATION PROVIDED BY KONA AERIAL GYMNASTIC TEAM INC. LAND'0
194 Wiwoole St. Hilo, HI 96720
PLANNING (808) 333-3393
H AWA l I LLC info@landplanninghawaii.com
September 14, 2021
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Additional Information
Applicant: Kona Aerial Gymnastic Team Inc.
Waiaha 1st—Puapuaanui Ist, North Kona, Hawaii TMK(3) 7-5-017: 044
We are in receipt of the Recommendation Report and appreciate the Department's hard work
though this tricky transition period to the new EPIC system.
We previously provided a rough mark-up indicating the as-built bathrooms. Please see attached
drawings showing the bathrooms in greater detail.
The proposed Condition 10 in the Recommendation Report would require:
Prior to Certificate of Occupancy, the applicant shall align the access driveway within the 60-
foot wide future Kakalina Road extension alignment. This alignment shall be noted on all future
plans submitted to the County and shall be kept clear of any permanent structures.
While the landowner intends to realign access to the indicated area there is considerable design,
engineering, and physical work that would need to occur to accomplish the realignment. The
realignment work would entail flood zone work with the associated additional permitting and
engineering work. At this time the landowner does not have a firm timeline for the completion of
this work.
We believe the access is sufficient for the proposed use and in the event that flooding makes the
driveway impassible, the paved (mauka/makai) driveway designated for emergency access along
the southern property boundary could be used. Alternately, if this strategy is not deemed
appropriate we intend to request an alternative allowing access from the paved driveway until
such time the main access is realigned to the planned Kakalina Road extension alignment.
Written public testimony submitted to date has been overwhelmingly positive, however some
testifiers have raised previous issues relating to the subject property without the context of their
conclusion. The landowner has taken steps to remedy any past violations.
• The complaint alleging rock crushing on the property was closed 9/18/2020 with a
finding that Zoning Code was not violated.
LAND'0
194 Wiwoole St. Hilo, HI 96720
PLANNING (808) 333-3393
H AWA l I LLC info@landplanninghawaii.com
• The comment alleging quarry and base yard operations on the property was closed
9/21/2016 with a finding that Zoning Code was not violated, and the Special Permit was
not required.
• Tires are being properly disposed as evidenced by disposal receipts.
• Since the Notice of Violation was issued for Kona Aerial Gymnastic Team Inc., the
applicant has been working toward curing the Zoning Code violation by way of a Special
Permit.
We trust that everything is in order for your further processing of this application. If not or if
there are questions relating to this matter, please feel free to direct them to me. Thank you very
much.
Sincerely,
JOHN PIPAN
Planning Administrator
Land Planning Hawaii LLC
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Harry Kim ?•4�_ !!►��� Michael Yee
Mayor — Director
SEP 2
Roy Takemoto 3 2020 April Surprenant
Managing Director •; Acting Deputy Director
g g �''�• "''''' RECEIVED
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
September 18, 2020
Daniel B. Bolton
Janet T. Bolton
P.O. Box 898
Kailua Kona, Hawaii 96740
Dear Mr. and Ms. Bolton:
SUBJECT: Closure Letter
Complaint: Importation of Aggregate Material on Agriculture Land
TMK: 7-5-017:044, Portion of Waiaha 1St to Puanuaanui 11t,North Kona
Hawaii
COMPLAINT
The Planning Department continues to receive complaints regarding the importation of aggregate
material onto the above referenced property. The complaint also suggests that Aggregate
Material is being brought onto the above-mentioned property(s) to be processed.
BACKGROUND
Our initial investigation based on the complaint has revealed the following:
1. Subject Property: Tax Map Key Number 7-5-017:044
2. Subject Address: 75-456 Hualalai Road, Kailua Kona,Hawaii
3. Owner(RPT record): Daniel Bolton and Janet T. Bolton
4. Lot Size: 23.73 acres
5. State Land Use: Agriculture(A)
6. County Zoning: Agricultural A-1 a(minimum 1 acre)
7. A meeting was held with community members on August 11, 2016 at the West Hawaii
County Council Conference Room mediated by Ms. Kawehi Inaba.
a. Relevant issues derived from the meeting:
i. It was agreed by all present at the meeting along with Mr. Bolton that there would
not be any importation of aggregate(rock)material from outside sources brought
www.planning.hawaiicounty_gov Hawai`i County is an Equal Opportunity Provider and Employer Planning@ hawaiicounty_gov
Daniel B. Bolton
Janet T. Bolton
September 18, 2020
Page 2
onto the above referenced property. It was also agreed that Mr. Bolton operate
within the prescribed hours of operation. No weekend work.
FINDINGS
After receiving the complaint and preliminary investigation being done, a site inspection was
conducted by Planning Inspector Mr. Horace Yanagi on July 14, 2020, at approximately 0930
hrs. Upon arrival at the site, he met with Mr. Chad Matsuoka, Mr. Bolton's onsite
representative. They proceeded with in site inspection which revealed the following:
1. Our inspector observed a load of aggregate(rock)material that has been brought onto the
property.
OBSERVATION
It appears (our inspectors observation of the excavated area within the flood channel) that during
the last flood, dirt and small aggregate material may have been washed t carried outside of the
property through 1 under Queen Ka`ahumanu Highway. This flood water traverses Makai of
Kuakini Highway through the Special Management Area and possibly enters the ocean waters.
1. Failure to stabilize the excavated portions within the Flood Channel from further
deterioration along with the unstable condition of the area surrounding the flood channel
may result with additional dirt and small aggregate material to leave the site and follow
its course to the Ocean.
a. This issue could be a similar situation of what had occurred possibly creating water
runoff that entered into the ocean waters due to grading and grubbing work done on
the property.
DECISSION
Based on the Findings of the site inspection conducted on July 14, 2020, our inspector is unable
to verify that the aggregate rock material brought on-site has been crushed.
The Planning Director finds that there is no Zoning Code Violation and considers the issue of
crushing rocks from an outside source Closed.
Should you have questions regarding this closure letter, please contact Planning Inspector Mr.
Horace Yanagi at the West Hawaii Office at 323-4770.
Sincerely,
M L YEE
Planning Director
HTY: hty
H:\Horace-Hilo_ServerlNOV\Bolton 7-5-17 31,441NWelosure Mh.doc
The following persons have been Electronically copied. No hard copy to follow.
Daniel B. Bolton
Janet T. Bolton
September 18, 2020
Page 3
Mr. Michael Yee, Planning Director
Mr. Horace Yanagi, Planning Inspector
Cc:
West Hawaii TMK File
William P.Kenoi c t•q!.� RECEIC .)
e . . Duane Kanuha
Mayor SEP Z fi 1016 Director
Joaquin Gamiao-Kunkel
4~•r�� Deputy Director
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 Uounty of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
September 21,2016
Ms. Christy A. Logan, PMP
Bolton Inc.
P. O Box 898
Kailua Kona, HI 96745
Dear Ms. Logan:
Assessment of Conditions Relating to Warning Letter dated February 19,2016
(File No. 2015-035W) and Disposition of Special Permit Application No. 16-000188
Applicant: Bolton,Inc.
TMK 7-5-017:044,Kahului 11&2"d,North Kona,Hawaii
This is in regard to our letter dated August 23,2016,wherein we requested Bolton Inc. to cease and
desist all work on site until a site inspection was conducted.That letter was the culmination of a
series of letters and confirmations requested of Bolton Inc.in an effort to determine whether or not a
violation of the Zoning Code or State Land Use Law had occurred and if so,whether or not the
Special Permit application filed by Bolton Inc. would continue to move forward.
After further consultation and field verification with and between DPW Engineering staff and our
Zoning Inspector,we conclude that work being conducted on the property under the parameters of
Grading Permit No. 092524 and stockpiling permits Nos. 092525 and 092529,and associated permits
secured thereto(DOH temporary covered source permit and community noise permit)do not fall
within the purview of Zoning Code requirements for a Special Permit under Section 25-5-72(c)(5),
HCC.
Section 25-5-72(c)requires that the following uses may be permitted in the(County)Agricultural
zoning district,provided that a Special Permit is obtained for such use if the building site is located
within the State Land Use Agricultural district. The only use category that could be reasonably
applicable under this section is"(5) excavation or removal of natural building material or minerals,
for commercial use." Generally speaking, we equate this definition to a quarry,where the purpose of
the excavation and removal of natural building material is solely for commercial purposes.
However, in this case,the evidence finds that the removal of natural building material from the
subject property is related to on-site and off-site drainage improvement purposes with no further
evidence it is being conducted for commercial purposes as a quarry would. We can therefore
conclude that the material removal, as you specifically represented, is therefore defined by Chapter
www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer plannin2@hawaiicountX_Qov
Ms. Christy A. Logan,PMP
Bolton Inc.
Page 2
September 21,2016
10,HCC,Erosion and Sedimentation Control.All aspects of the drainage way improvement project
thereafter are controlled under the requirements and conditions of the approved grading or applicable
land alteration permit(s). From a use standpoint, the approved drainage way improvements and
related activities alone do not define or establish a class of use upon these Agricultural lands that is
prohibited by the Zoning Code or the State Land Use Law.
With regard to the base yard component of the pending Special Permit application,your letter of
August 3, 2016 provided, as requested, a list of all equipment on site and a breakdown of what
equipment was directly related to the drainage way improvement project and what equipment was
not. A review of the listing confirms that almost all of the equipment on site is necessary to
implement the approved grading plan. Our investigation has also determined that Bolton Inc. has an
established base yard elsewhere and as such,we conclude that the equipment on site is directly
related to implementing the approved grading permit and because a base yard is not being
established,a Special Permit application will not be required. Therefore,your Special Permit
application will be withdrawn from further processing and the filing fee will be refunded under
separate cover.
We thank you for all your cooperation in this matter and we are confident that these determinations
are defensible based on all of the facts provided and confirmed by our department.
Please feel free to contact me our offices if there are any further questions.
Sincerely,
KANUHA
lam g Director
DK:dsa:mad
P:\wpwin60\DSA\2016\Ltr3BoltonInc0916l6REV.doc
cc William V. Brilhante,Assistant Corporation Counsel
DPW Engineering(Kona)
Planning Division(ATTN: Daryn Arai and Jeff Darrow)
West Hawaii Division(ATTN: Bennett Mark and Horace Yanagi)
Councilmember Dru Kanuha
Councilmember Karen Eoff
Intervenor Jeff Citron
Michael Matsukawa,Esq.
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Recycling Facility Mail Payment to DATE NUMBER PURCHASE ORDER TERMS
91-125 Kaomi Loop Unitek Solvent Services,Inc. `
Kapolei,HI 96707 P.O.Box 700370 I L�(ff
Phone(8 8)682-8284 EPA ID HID982443715 Kapolei,HI 96709 UN — 8 2021
Fax:(808)673-3241 '�F
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50)00 3.-.`{O I:Kim-h
50}0:I. On Rim `5.75 Each
500' Off Rim 5..95 I:ac h
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5006 'C'Irt.tc:l•:..fX:tt.ts7,, 8.,2,5-42, Cki Rim ;54„50 Each
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'..(X :) HD L..X. 15.75 I:Kar.h
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5009 X}t.tl:;:l.r• c Off F6.tn 47..75 Each
!.30091 X}tt1:llex (:)•f:•f: 1:4:i.tn 1::'c:ktnl F:J.:l.:I ed 135..00 Et.xc::h
:t}t p'1.cex On R i fn 129.50 0 1:::<xch
Rim F=c:>;ttll I'i.:l.:i.c�cl 225.00 F::;ac-1-1
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..01.52 F'im:}s 255/1..#•' Tr-k/4 Wheel. (311"+) -- f3rl L,.r„t}t} l::.{1c.11
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CONTRACT SECTION SUB-TOTAL INVOICE AMOUNT
TERMS ARE NET 30 DAYS FROM SERVICE DATE. PAST DUE ACCOUNTS ARE TAX @ 4-7111-'-1 /0
SUBJECT TO A FINANCE CHARGE OF 1.5% PER MONTH (18% PER ANNUM).
IN THE EVENT OF DELINQUENCY,CUSTOMER HEREBY AGREES TO REIMBURSE
UNITEK FOR ALL REASONABLE COLLECTION COSTS INCLUDING ATTORNEY'S
FEES. INVOICE TOTAL
I FULLY UNDERSTAND THE INFORMATION PRINTED ON THIS INVOICE
AND I HEREBY INDEMNIFY UNITEK AGAINST ANY LOSS OR CLAIM PAYMENT RECEIVED SECTION
ARISING FROM THE USE OF ITS PRODUCTS AND/OR SERVICES.
I ACKNOWLEDGE RECEIPT OF THE PRODUCTS AND/OR SERVICES DESCRIBED ❑ CASH TOTAL RECEIVED APPLY PAYMENT TO:
IN THIS INVOICE. ALSO, UNLESS RECEIPT OF PAYMENT BY THE UNITEK CH E R Ej TODAY'S PRODUCTS AND SERVICES
REPRESENTATIVE IS EVIDENCED ON THIS INVOICE, I HEREBY ACKNOWLEDGE PREVIOUS BALANCE AS FOLLOWS
THAT PAYMENT FOR THESE PRODUCTS AND/OR SERVICES HAS NOT YET BEEN
MADE EVEN IF THE T RMS WERE SUP TO BE C.O.D. INV.# AMOUNT$"
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PRINT NAME: 'e'I INV.# _� ��5T
CUSTOMER SIGNATURE X INV. #
REVISED 0112020
%RIG INAL