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COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
PLANNING DIRECTOR INITIATED
AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 1 & ARTICLE 5
RELATING TO PRIMARY AIRPORTS
The Planning Director has initiated the following amendments to Chapter 25 (Zoning
Code), Article 1 and Article 5 of the Hawai`i County Code 1983 (2016 Edition, as
amended), relating to Primary Airports. The purpose of these amendments is to establish
a land use called "Primary Airport" by adding a definition, identifying accessory land
uses, and adding the land use as a permitted use within the County's Limited Industrial
ML) and General Industrial (MG) zoning districts.
BACKGROUND
The Planning Director is initiating an amendment to the Zoning Code relating to
Primary Airports. Currently, the only reference in the Zoning Code that refers to an
airport type use is listed as "airfields, heliports and private landing strips." Additionally,
these uses are not defined in the Zoning Code and do not mention any accessory uses that
may normally be associated with them.
This amendment will define "Primary Airport" in the definition section ofthe
Zoning Code, as defined by the Federal Aviation Administration (FAA). Also included
in the definition is a general list of accessory land uses that are normally associated with a
Primary Airport. This definition is as follows:
Primary airport" means a publicly owned airport that has more than
10,000 passenger boardings each calendar year, as defined by the Federal
Aviation Administration (FAA). Standard accessory uses for Primary Airports
include, but are not limited to, retail establishments for shopping including duty-
free shops, dining establishments that may be consolidated in food courts,
automobile rentals, service businesses, offices, conference centers and hotels.
The accessory uses must be located on publicly owned lands and support airport
operations.
Both the Hilo and Kona International Airports far exceed the 10,000 passenger
boardings per year to qualify as Primary Airports per the FAA definition.
The County of Hawaii has two international airports: the Hilo International
Airport (ITO), which is situated within the County's Limited Industrial (ML) zoning
district, and the Ellison Onizuka Kona International Airport at Keahole (KOA), which is
situated within the County's General Industrial (MG) zoning district. Both are on
publicly owned lands. These airports are constantly expanding and require the need to
provide additional services to meet the expansion.
Currently, a number of accessory land uses associated with these Primary Airports
are not permitted within the Limited Industrial (ML) and the General Industrial (MG)
zoning districts, including but not limited to, retail establishments, automobile rentals
not permitted in MG), offices, business services, personal services, etc. One reason for
this amendment is to bring these uses in line with the Zoning Code. Another reason for
this amendment is the County has received a request from the Department of
Transportation -Airports Division to allow for conference centers, and for overnight
accommodations (hotel) to support airport operations, which includes airport personnel,
visitors and stranded passengers, mainly for the Kona Intemational Airport. A
hotel/conference center is identified in the Ellison Onizuka Kona International Airport at
Keahole's current master plan. The master plan states that "Many airports support hotels
on-site in support of flight crews and overnight stays for passengers traveling early the
next day." Additionally, FAA regulations require rest periods for pilots between flights
and the distance between an available hotel can affect flight scheduling.
This amendment will give the flexibility needed for these airports to expand and
meet new demands. These accessory uses may be located within the airport terminal or
on adjacent public lands that are part of the overall airport operation. The
uses/businesses may be privately owned and operated but must be located on the publicly
owned lands and support the overall airport operation.
Lastly, this new "Primary Airport" land use, along with accessory uses, will be
added as a permitted use only within the County's Limited Industrial (ML) and the
General Industrial (MG) zoning districts with the requirement that plan approval must be
secured by the Planning Director. This means that an applicant will need to submit plans
to the Planning Department for Plan Approval prior to any expansion of accessory uses
for the Primary Airport, including a conference center and/or hotel. The Plan Approval
review will allow the Planning Director to approve the request, including requested
accessory uses, as well as review and approve the associated elements of each use, such
as height, amount ofrooms, parking, setbacks, landscaping, etc.
PROPOSED AMENDMENTS
This bill is initiated by the Planning Director will add the following to the Zoning Code:
Relating to the definition of Primary Airport:
Section 25-1-5. Definitions
Primary airport" means a publicly owned airport that has more than 10,000 passenger
hoardings each calendar year, as defined by the Federal Aviation Administration (FAA).
Standard accessory uses for Primary Airports include, but are not limited to, retail
establishments for shopping including duty-free shops, dining establishments that may be
consolidated in food courts, automobile rentals, service businesses, offices, conference
centers and hotels. The accessory uses must be located on publicly owned lands and
support airport operations."
Relating to the Uses in the ML Zoning District:
Section 25-5-142. Permitted uses (in the ML district):
a) The following uses shall be permitted in the ML district:
37) Primary Airports provided that plan approval is secured from the director.
Relating to the Uses in the MG Zoning District:
Section 25-5-152. Permitted uses (in the MG district):
a) The following uses shall be permitted in the MG district:
48) Primary Airports provided that plan approval is secured from the director.
AGENCIES' COMMENTS
State Department of Transportation —Airports Division: Planning Department
Exhibit 1— December 17, 2019 Letter.
State Department of Transportation —Airports Division: Planning Department
Exhibit 2 — April 17, 2020 Letter.
AGENCIES — NO COMMENTS/CONCERNS
Department of Public Works, Department of Environmental Management, Police
Department, State Department of Land and Natural Resources.
PUBLIC COMMENTS
Sandra Murray: Planning Department Exhibit 3 — June 14, 2020 Email.
Susan Olson: Planning Department Exhibit 4 — June 14, 2020 EmaiL
RECOMMENDATION
For the reasons detailed above, he Planning Director recommends that the
Leeward and Windward Planning Commissions send a favorable recommendation of
this bill to the Hawaii County Council relating to Primary Airports in the definition
section and within the County's Limited Industrial (ML) and General Industrial
MG) zoning districts.
DAVID Y. IGE
GOVERNOR
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
AIRPORTS DIVISION
400 RODGERS BOULEVARD, SUITE 700
HONOLULU, HAWAII 96819-1880
December 17, 2019
Mr. Michael Yee, Director
Mr. Duane Kanuha, Deputy Director
COUNTY OF HAWAII PLANNING DEPARTMENT
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Kanuha,
JADE T. BUTAYDIRECTOR
Deputy Dtreuers
LYNN A . ARAKI-REGAN
DEREK J. CHOW
ROSS M HIGASHI
EDWIN H. SNIFFER
IN REPLY REFER T01
r
z
SUBJECT: REQUEST TO ALLOW ACCESSORY -USE UNDER COUNTY OF HAWAII
CODE CHAPTER 25
The Ellison Onizuka Kona International Airport at Keahole (KOA) is experiencing tremendous
growth. This growth has led to several new developments at the airport in recent years,
including a major terminal modernization project, a new Federal Inspection Services (FIS)
building, and other, private developments. One of the airport's biggest areas of need for private
development is a hotel/conference center.
KOA is zoned as MG (general industrial). Hotels are not specifically listed in the Hawaii
County Code for MG, except possibly as an accessory use to the airport as described in Chapter
25-5-152.e. There are numerous accessory uses for a hotel at the airport, including overnighting
flight crews, accommodating flight cancellations, day trip meeting spaces, travelers with very
early flights, and emergency passengers of all sorts. We respectfully request that the County of
Hawaii Planning Department allow a hotel at KOA under an accessory -use under Chapter 25.
Accommodations in West Hawai`i are concentrated in downtown Kailua-Kona (approximately 8
miles south) and Waikoloa Resort (approximately 18 miles north). The goal of the KOA hotel is
not to compete directly against these hotels, but to support airport operations. The Kohala Coast
Resort Association supports a hotel on -airport, and their letter of support is attached.
A hotel/conference center is called for in the airport's current master plan. The hotel is justified
in chapter 5-23 of the master plan, stating "Many airports support hotels on-site in support of
flight crews and overnight stays for passengers traveling early the next day." FAA regulations
require rest periods for pilots between flights. The distance to an available hotel can affect flight
scheduling; the rest period will adjust to give time for uninterrupted sleep, accountin•_ for the
travel time.
Planning Dept. SCANNED
Exhibit 1 FEB 04 2020
1 Q U12 4
The hotel would also support the needs of business and government travelers who come to Kona
on business. Future projects at KOA will increase these needs, for example the Aircraft Rescue
and Firefighting (ARFF) Regional Training Center. This 80 -acre campus, to be located at KOA,
will provide emergency training for firefighters from across the state, and from all sectors (not
only ARFF).
KOA faces unique challenges as an open-air airport. The traveling public is vulnerable to events
such as lightning, ash fall, tsunamis, hurricanes etc., all of which have threatened in recent years.
A hotel would provide more covered space for stranded passengers and employees. Also, we are
targeting a hotel size of 150 rooms, which would accommodate a typical flight size in the event
of a cancellation.
The hotel will be a tremendous benefit to the Ellison Onizuka Kona International Airport at
Keahole, and to the traveling public and community. We propose allowing a hotel as an
accessory use of the County of Hawai`i Zoning Code. The hotel would still be subject to RFP
requirements of HRS 102, and subject to approval by the Board of Land and Natural Resources.
Respectfully submitted,
DAVID Y. IGE
GOVERNOR
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813-5097
April 17, 2020
Mr. Michael Yee, Director
Planning Department
East Hawaii Office
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yee:
JADE T. BUTAYDIRECTOR
Deputy Dlrec,ae
LYNN A.S. ARAM-REGAN
DEREK J. CHOW
ROSS M. HIGASHI
EDWIN H. SNIFFEN
IN REPLY REFER TO:
AIR -EP
20.0056
PLANNING DEPT
APR 20 2020 ah11:31
RECD BY NAIL
Subject: Planning Director Initiated An Ordinance Amending Chapter 25, Article 1 and
Article 5 of the Hawaii County Code 1983 (2016 Edition, as amended) Relating to
Primary Airports
The Department of Transportation, Airports Division (DOT -A), has reviewed the proposed
amendment to establish a land use called "Primary Airport" by adding a definition, identifying
accessory land uses, and adding the land use as a permitted use within the County's General
Industrial (MG) zoning district. Presently, some necessary accessory land uses at State airport
facilities are not defined in the County of Hawaii Zoning Code. The amendment is to align
accessory land uses at DOT -A airports with the Hawaii County Zoning Code, and to facilitate a
DOT -A request to allow conference centers and overnight accommodations (hotel) to support
airport operations on airport property.
DOT -A supports the amendments and offers the following comments:
Section 25-5-152. Permitted uses (in the MG district):
a) The following uses shall be pennitted in the MG district:
48) Primary Airports
pursuant to relevant sections of Hawaii Revised Statutes, Chapter 261 and
Chapter 262.
DOT -A appreciates and supports the County of Hawaii's action to address this zoning
inconsistency and looks forward to further discussions regarding the proposed zone amendment.
Planning Dept.
Exhibit 2 -,APR
SCANNED
t,„1325 2d/
Mr. Michael Yee
April 17, 2020
Page 2
AIR -EP
20.0056
If there are any questions, please contact Mr. Herman Tuiolosega, Head Planner, at
808) 838-8810.
Sincerely,
4-1Ritt
JADE T. BUTAY
Director of Transportation
b J1)pd BC Id
Mori, Ashley
From: Sandra Murray <uvdv@mac.com>
Sent: Sunday, June 14, 2020 5:46 AM
To: Planning Internet Mail
Subject: Hotel
Attachments: pastedGraphic.tiff
Reading this proposed plan put a smile on my face. I had worked at the KOA for years with Securitas and often
wondered why there had not already been a Hotel, better Eateries etc. for stranded passengers, as there are many
and often. Many flights are delayed, some never making it off the ground and even more with mechanical
problems. Currently there is no place for people to eat nor sleep should a flight be cancelled.
KOA is considered an International Airport and yet far from it. I do hope the proposed plans get expedited and
come to fruition.
Sandra Murray
808-557-6662
uvdv(&mac.com
Planning Dept. Exhibit
SCANNED
JUN 15 2020
Ra:5
Mori, Ashley
From: Susan Olson <susankukana124@gmail.com> COH PLANININ;
Sent: Sunday, June 14, 2020 7:13 AM iy.15 . .•
To: Planning Internet Mail
Subject: PRIMARY AIRPORT RESOLUTION
6/14/20
To: The Leeward Planning Commission
This letter is to express disapproval of changing the designation of Ellison Onizuka Kona
International Airport and Hilo International Airport to "primary airport".
The Covid 19 pandemic has changed our fives forever. Hawaii's economy has taken a huge hit
because we are so dependent on tourism to generate jobs, income and tax base. Hawaii is
expected to need at least 5 years to recover economically. It will undoubtedly mean the loss
of population as people seek employment elsewhere and additionally, the closure of
businesses and hotels throughout the islands as we move forward. The worst may be yet to
come.
This would be a terrible time to make things worse by allowing a hotel and conference center
at Ellison Onizuka International Airport. We need to support our existing hotels which offer
guest and conference rooms within a reasonable distance from the airport. These hotels will
need maximum support to get their feet back on the ground.
Perhaps in a decade or more, this primary airport proposal would be more appropriate,
depending an how our economy recovers.
Please vote to reject the proposed resolution at this time.
Thank you for your consideration.
Respectfully,
Susan Olson
75-6081 Ali'! Dr. #F102
Kailua-Kona, HI. 96740
Planning Dept.
Exhibit
SCANNED
JUN 1 5 2020
Ari 335S6
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
attaa/ A/e cZ)yt
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1 AND ARTICLE 5, OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
PRIMARY AIRPORTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to provide a definition of a
Primary Airport and identify accessory uses, and to add the use of a Primary Airport to the
Limited Industrial (ML) zoning district and the General Industrial (MG) zoning district.
SECTION 2. Chapter 25, article 1, section 25-1-5 of the Hawaii County Code 1983
2016 Edition, as amended), is amended by amending subsection (b) by adding a definition for
primary airport" to be appropriately designated and to read as follows:
Primary airport" means a publicly owned airport that has more than 10 000 passenger
hoardings each calendar year, as defined by the Federal Aviation Administration (FAA).
Standard accessory uses for Primary Airports include but are not limited to retail
establishments for shopping including duty-free shops, dining establishments that may be
consolidated in food courts automobile rentals, service businesses offices conference
centers and hotels. The accessory uses must be located on publicly owned lands and
support airport operations."
SECTION 3. Chapter 25, article 5, division 14, section 25-5-142 of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the ML district:
1) Agricultural products processing, minor.
2) Airfields, heliports and private landing strips.
3) Amusement and recreation facilities, indoor.
4) Animal hospitals.
5) Animal quarantine stations.
6) Aquaculture activities.
7) Automobile and truck storage facilities.
8) Automobile and truck sales and rentals.
9) Automobile service stations.
10) Bakeries.
11) Bars.
12) Broadcasting stations.
13) Car washing.
14) Carpentry, hardwood products and furniture manufacturing and storage
establishments.
15) Catering establishments.
16) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
17) Churches, temples and synagogues.
18) Cleaning and dyeing plants.
19) Commercial parking lots and garages.
20) Community buildings, as permitted under section 25-4-11.
21) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
22) Crematoriums, funeral homes, funeral services, and mortuaries.
23) Day care centers.
24) Financial institutions.
25) Food manufacturing and processing facilities.
26) Greenhouses, plant nurseries.
27) Heavy equipment sales, service and rental.
28) Home improvement centers.
29) Junkyards, provided that the building site is not less than one acre in area.
30) Laboratories, medical and research.
31) Laundries.
32) Lumberyards and building material yards, but not including concrete or asphalt
mixing and the fabrication by riveting or welding of steel building frames.
33) Manufacturing, processing and packaging establishments, light.
34) Motion picture and television production studios.
35) Photographic processing.
36) Plumbing, electrical, air conditioning and heating establishments.
37) Primary airports, provided that plan approval is secured from the director.
37)](38) Public uses and structures, as permitted under section 25-4-11.
38)](39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
3931(40) Recycling centers, which do not involve the processing of recyclable materials.
40)](41) Repair establishments, minor.
41)](42) Restaurants.
42)](43) Self storage facilities.
44)](44) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
44)](45) Telecommunication antennas, as permitted under section 25-4-12.
15)](46) Temporary real estate offices, as permitted under section 25-4-8.
46)](47) Transportation and tour terminals.
47)](48) Truck, freight and draying terminals.
48)](49) Utility facilities, public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
44)](50) Utility substations, as permitted under section 25-4-11.
30)](51) Veterinary establishments.
51)](52) Vocational schools
52)](53) Warehousing, which does not include retail sales or discount houses or
establishments open to the general public or defined members.
53)](54) Wholesaling and distribution, including the storage of incidental materials and
equipment, except for highly flammable or explosive products."
SECTION 4. Chapter 25, article 5, division 15, section 25-5-152 of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
a) The following uses shall be permitted in the MG district:
1) Agricultural products processing, major and minor.
2) Airfields, heliports and private landing strips.
3) Amusement and recreation facilities, indoor.
4) Animal hospitals.
5) Animal quarantine stations.
6) Animal sales, stock, and feed yards.
7) Aquaculture activities and facilities.
8) Automobile and truck storage facilities.
9) Automobile body and fender establishments.
10) Automobile service stations.
11) Bakeries.
12) Bars.
13) Breweries, distilleries, and alcohol manufacturing facilities.
14) Broadcasting stations.
15) Bulk storage of flammable products and bulk storage of explosive products.
16) Car washing.
17) Catering establishments.
18) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
19) Churches, temples and synagogues.
20) Cleaning and dyeing plants.
21) Commercial parking lots and garages.
22) Community buildings, as permitted under section 25-4-11.
23) Concrete or asphalt batching and mixing plants and yards.
24) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
25) Crematoriums, funeral homes, funeral services, and mortuaries.
26) Day care centers.
27) Dumping, disposal, incineration, or reduction of refuse or waste matter.
28) Expansion of an existing commercial excavation operation, provided that plan
approval is secured from the director.
29) Fabricating establishments.
30) Fertilizer manufacturing plants.
31) Financial institutions.
32) Food manufacturing and processing facilities.
33) Freight movers.
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34) Greenhouses, plant nurseries.
35) Heavy equipment sales, service and rental.
36) Home improvement centers.
37) Junkyards.
38) Kennels.
39) Laboratories, medical and research.
40) Laundries.
41) Lava rock or stone cutting or shaping facilities.
42) Lumberyards and building material yards.
43) Machine, welding, sheet metal, and metal plating and treating establishments.
44) Manufacturing, processing and packaging establishments, light and general.
45) Marine railways, drydocks, and ship or boat yards.
46) Motion picture and television production studios.
47) Photographic processing.
48) Primary airports provided that plan approval is secured from the director.
48)](49) Public dumps.
49)](50) Public uses and structures, as permitted under section 25-4-11.
50)](51) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops.
51)](52) Recycling centers.
52)](53) Reduction, refining, smelting, or alloying of metals, petroleum products or
ores.
53)](54) Repair establishments, major and minor.
51)](55) Restaurants.
55)](56) Saw mills.
36)](57) Self storage facilities.
57)](58) Slaughterhouses.
58)](59) Storage and sale of seed, feed, fertilizer and other products essential to
agricultural production.
59)](60) Storage, curing, or tanning of raw, green, or salted hides or skins.
68)](61) Telecommunication antennas, as permitted under section 25-4-12.
61)](62) Temporary real estate offices, as permitted under section 25-4-8.
62-)](63) Transportation and tour terminals.
63)](64) Truck, freight and draying terminals.
64)](65) Utility facilities, public and private, including power plants, offices or yards
for equipment, material, vehicle storage, repair or maintenance.
65)](66) Utility substations, as permitted under section 25-4-11.
66)](67) Veterinary establishments.
67)](68) Warehousing.
68)](69) Wholesaling and distribution, including the storage of incidental materials and
equipment.
69](70) Yacht harbors and boating facilities."
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SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 6. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 7. This ordinance shall take effect upon its approval.
Hawai`i
Date of Introduction:
Date of 1" Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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