COM 0520.000 2022-2024 - Laserfiche WebLink

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Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 7 has also been added to protect any unidentified cultural, historical, and natural resources in the event any are encountered during construction. To the extent that traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from Resort 750 sq. ft. (V-.75) to Limited Industrial -20,000 square feet (ML -20) would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map) Article 8, Chapter 25 (Zoning) of the Hawaii County Code 1983 (2016 Edition, as Amended) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. This recommendation 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. The Planning Department's background report, recommendation report, PowerPoint presentation, and public testimony are available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/WebLink/1/fol/125161/RowI.q"x The transcript of the hearing is available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/WebLink/l/fol/125535/Rowl.aspx Additionally, the concurrent SMA Use Permit for the subject property, which the Windward Planning Commission approved on September 1, 2023, is enclosed for your reference.