PD BACKGROUND REPORT (PL-SPP-2022-000027)

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Robert and Ruby Kobayashi Page 2 Special Permit No. 1194 was approved with a 5-year permit life(Condition No. 2). The applicants received a five(5)year time extension to Condition No. 2 (life of the permit) from the Planning Commission until January 17,2013. Another five years has passed and the applicants would like to continue operating their business for an additional 10 years or to have Condition No.2 deleted. The applicants had originally anticipated on retiring at the expiration of the last amendment,but have found that they would not be able to financially survive due to the downturn in the economy over the past years. The Planning Department continues to encourage landowners or applicants with light industrial or commercial uses to locate in an Industrial or Commercial zoned district or to file for a change of zone request for such development. In this case,however,Capon reviewing the circumstances of the request where the primary service area is within the immediate vicinity and where no suitable industrial zoned lands have become available in the area,the Planning Department supports the approval of the 10-year time extension request with the continued condition that the applicants will be required to relocate the business if suitable industrial zoned lands become available for use within the subdivision within the i 0-year time period. The Planning Department does not support the request to delete Condition No. 2, as this would create a permanent corr►mercialllight industrial use in this rural area. Granting of the time extension requests would not be contrary to the original reasons for the granting of the permit. The use would continue to be an unusual and reasonable use of lands situated within the Agricultural District and will not be contrary to the objectives of Chapter 205, HRS, as amended. The land upon which the existing use is sought is unsuited for the uses permitted within the district. It is classified as"E„ or"Very Poor"for agricultural productivity by the Land Study Bureau and unclassified by the Agricultural Lands of Importance to the State of Hawaii(ALISH)Map. The use will not adversely affect surrounding properties. Since the approval of the Special Permit,the Planning Department has not received any complaints regarding the operation. Lastly,the continued operation will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, and police and fire protection. In this amendment request,the Police Department commented that"the permitting of commercial retail activity on lots zoned agriculture in the Hawaiian Paradise Subdivision has the potential to increase calls for police service and add traffic congestion in the area." The applicant is operating an auto repair shop in which the- custorners are mainly by appointment only. The applicant is not selling any retail products but providing a service. As previously mentioned,the Planning Department has not received any complaints regarding this operation since it began in 2002. Additionally, the Police were concerned about lack of infrastructure such as substandard roads and lack of County water for fire hydrants. The access for this operation is from a paved roadway and the property is serviced by County water. There is a fire hydrant in