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HomeMy WebLinkAboutCOM 0234.000 2020-2022 JMtYfOP h,�' �?• ,. Lee E.Lord ,'6i' Managing Director Mitchell D.Roth •: . .%-,,.. *1 Mayor --='-', "=_ • a•:,� Robert H.Command ',0f4 Tp:iii—e.'�`- Deputy Managing Director OP 00''� C,iux� of cRafn t`t ®fttioff r4 a r 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 April 21, 2021 r;) =-<-7;: x: c z Maile David, Council Chair and Members of the County Council _..-- County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 09 138 (REZ 09-000097) Applicant: JP Automotive LLC (formerly Conrad & Joanne Dakujaku) Request: Amendment to Condition D (Time to Complete Construction) Tax Map Key: 2-2-035:034 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor TCouncilJPAutomotiveREZ09-097Amend09-13 8 Enclosures cc: Planning Department qDitt /5 , ) Comm. No. IN Ref. To: PC County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date APR 2 7 702 ' f Mitchell D.Roth `o, us--------------- John Replogle,Chair Mayor ����% Gilbert Aguinaldo,Vice-Chair y f.*fin: :. Dean Au Lee E.Lord Joseph Clarkson Managing Director •T;•: �_ °•,;.�.< Michelle Gahmba Dennis Lin Thomas Raffipiy County of Hawai`i WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 APR 1 9 2021 Maile David, Council Chair and Members of the County Council • County of Hawai`i 25 Aupuni Street Hilo, HI 96720 • Dear Chair David and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 09 138 (REZ 09-000097) Request: Amendment to Condition D (Time to Complete Construction) Applicant: JP Automotive LLC (formerly Conrad & Joanne Dakujaku) Tax Map Key: 2-2-035:034 The Windward Planning Commission, at its duly held public hearing on April 1, 2021, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 09 138. The subject property is located at 513 Kalanikoa Street, along the east side of Kalanikoa Street approximately 100 feet north of its intersection with Hualani Street, Waiakea Houselots 1st Series, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Deputy Planning Director's reasons for recommending a favorable consideration of the request: The applicant, JP Automotive LLC has submitted an application for a five (5) year time extension to Condition D (Time to Complete Construction) of Change of Zone Ordinance No. 09 138, which rezoned approximately 22,300 square feet of land from Single-Family Residential-10,000 square feet (RS-10) to the Industrial- Commercial Mixed-20,000 square feet (MCX-20) zoning district. Condition D (Time to Complete Construction) lapsed on November 4, 2019. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. Since purchasing the property in 2015, Hawaii County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawai`i Page 2 the applicant has made considerable progress in complying with conditions of approval and developing the property to move his existing automotive repair business to the subject property. This includes including clearing and grading the property, water service installation, securing Final Plan Approval and securing a building permit. Despite the applicant's best efforts to complete construction within the required timeframe, he has been unable to do so due to circumstances beyond his control, including design and development delays, family illness and deaths in the family. Based on the preceding, the applicant is requesting an additional five (5) years to complete construction. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under. Ordinance No. 09 138 have not changed. The site is served by appropriate infrastructure to support MCX zoning such as water, wastewater, access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard and the applicant will be required to ensure that all development-related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, there has not been any significant land use regulatory change in this area. The current MCX-20 zoning continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Industrial (ind) designation, which allows for a "mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined." The subject, 22,300 square foot property is rectangular in shape and generally level with a slight slope from east to west. It is currently vacant of any improvements and has been completely grubbed and graded. The MCX zoning and proposed project development is consistent with light industrial/commercial type zoning and uses in the surrounding area, which include Sherwin Williams Paint Store and Dulux Paints located on the adjacent properties to the east, which are similarly zoned MCX-20. Hirayama Brothers Electric is located directly across Kalanikoa Street on land zoned ML-10. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 3 The proposed automotive repair facility will be developed in accordance with the Zoning Code, including meeting the definition of, "repair establishment, minor" which includes: "Automobile repair, including auto painting and motorized bicycle repair, provided all repair work is performed within an enclosed structure and does not include, repair of body and fender, and straightening of frame and body parts. " Furthermore, the applicant will be required to develop the property in compliance with the issued Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. The proposed automotive repair facility will not generate the 50 or more peak hour vehicle trips that would require a Traffic Impact Analysis Report (TIAR). According to the Department of Water Supply (DWS), county water is available to the site via an 8-inch waterline within Kalanikoa Street. The subject property is currently served with a 5/8" water meter. Despite the applicant submitting estimated dailywater usage calculations in 2016, DWS has requested that the applicant submit an updated set of calculations prepared by a professional engineer licensed in the State of Hawai'i for review and approval as the previous set of demand calculations may be stale.Furthermore, the applicant will be required to install a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. Finally, DWS indicated that existing 8-inch waterline within Kalanikoa Street is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS' Water System Standards. By email/letter dated March 11, 2021, the applicant resubmitted the water calculations to DWS for review and approval and suggested to the Planning Department that they would conduct a fire flow test to determine if the fire flow rate is sufficient to at the property. Based on the preceding, the Deputy Planning Director is recommending retaining the water calculation requirement and adding a standard condition requiring the applicant to implement fire suppression improvements required by the Fire Department or DWS prior to being issued a Certificate of Occupancy. The applicant also completed a Solid Waste Management Plan (SWMP) that was approved by the Department of Environmental Management on August 10, 2016 as required by Condition J of the subject Change of Zone ordinance. 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 uponthe subject properties. Additional governmental requirements may include the issuance ofbuilding permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many Maile David, Council Chair and Members of the County Council County of Hawai`i Page 4 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 preceding findings, the Deputy Planning' Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 138. In addition, the Deputy Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language forconditions of approval and to remove conditions that have been implemented. The accompanying draft bill to amend Ordinance No. 09 138 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. • We are enclosing copies of the Deputy Planning Director's Background and Recommendation and the PowerPoint presentation. A draft transcript of the hearing for your information will be provided under separate cover. Sincerely, JoG��r ,FC e otfGe16 s HST) John R. Replogle, Chairman Windward Planning Commission LJPAutomotiveREZ09-097wpc2 Enclosures cc: John Pipan, Land Planning Hawai`i, LLC JP Automotive LLC Department of Public Works Department of Water Supply Jean Campbell, Esq., Corporation Counsel BJPAutomotiveREZAmend.crk.3.22.21 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JP AUTOMOTIVE LLC (FORMERLY DAKUJAKU) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09138 (REZ 09-97) JP AUTOMOTIVE LLC has submitted an application for a five(5)year time extension to Condition D (Time to Complete Construction) of Change of Zone Ordinance No. 09 138, which rezoned approximately 22,300 square feet of land from Single-Family Residential-10,000 square feet(RS-10) to the Industrial-Commercial Mixed-20,000 square feet(MCX-20) zoning district. The property is located at 513 Kalanikoa Street, along the east side of Kalanikoa Street approximately 100 feet north of its intersection with Hualani Street, Waiakea Houselots Pt Series, Waiakea, South Hilo, Hawai`i, TMK: 2-2-035:034. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a five(5)-Year Time Extension for Condition D (Time to Complete Construction), which states: "Construction of the proposed development shall be completed within five (5)years from the effective date of this ordinance. Prior to construction, the applicant(s), successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structures,paved driveway access,parking stalls and loading zones associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department Rule No. 17(Landscaping Requirements), Chapter 25 (Zoning Code), Hawai`i County Code. " 2. Proposed Development: The applicant proposes to construct an automotive repair facility consisting of an approximately 3,750 square foot steel building with four(4) repair bays, three bathrooms and a coffee break room. Additionally, the applicant will provide four paved parking stalls (including one ADA compliant stall), landscaping and other related improvements. 3. Reason for the Request: Since purchasing the property in 2015, the applicant has made considerable progress in developing the property to move his existing automotive repair business to the subject property(including clearing and grading the property, water -1- service installation, securing plan approval and preparing building plans, etc.). Despite the applicant's best efforts to complete construction within the required timeframe,he has been unable to do so due to circumstances beyond his control, including design and development delays, family illness and deaths in the family. Based on the preceding, the applicant is requesting an additional five years to complete construction. 4. Landowners: JP Automotive LLC. 5. Supportive Information: The applicant has submitted the following in support of the request: (P.D. Exhibit 1 -Application for Time Extension dated December 29,2020, email with additional information dated January 11,2021, and letter dated February 9,2021 correcting the site location map) CHRONOLOGY OF LAND USE PERMITTING 6. November 4,2009: Effective date of Change of Zone Ordinance No. 09 138 approved by the County Council, which reclassified 22,300 square feet of land from Single-Family Residential-10,000 square feet(RS-10) to the Industrial-Commercial Mixed-20,000 square feet(MCX-20) zoning district.The then applicants proposed to develop a 7,800- square foot steel building containing six bays of warehouse storage space and three units of office space for various light industrial and commercial uses. 7. November 13,2014: The Planning Director granted an administrative time extension to Condition D (Time to Complete Construction)until November 4, 2019. (see Exhibit A in the application). 8. May 27, 2015: Date the applicant purchased the property. 9. August 25, 2016: Final Plan Approval (PLA-16-001314) was issued by the Planning Department to allow the development of an automotive repair garage. (see Exhibit C in the application). 10. February 21, 2019: Building Permit (BH2019-00165) was issued by the DPW-Building Division for a new automotive repair garage with service/repair area, three(3)unisex restrooms and a coffee break area. 11. December 30,2020: Date the applicant submitted their request for time extension to Ordinance No. 09 138. -2- STATE AND COUNTY PLANS 12. State Land Use District: Urban. 13. General Plan LUPAG Map Designation: Industrial. 14. County Zoning: MCX-20. 15. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Planning Commission Resolution No. 1 on May 21, 1975 identifies the area as RS-10. 16. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The site is located approximately 0.7 miles from the nearest shoreline and is not situated within the SMA. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 17. Subject Property: The subject property is rectangular in shape and generally level with a slight slope from east to west. It is currently vacant of any improvements and has been completely grubbed and graded. 18. Surrounding Zoning and Land Uses: Land uses in the surrounding area are a mix of commercial, industrial and residential uses. The nearest dwellings are located on the immediately adjacent properties zoned RS-10, to the north and south. Sherwin Williams Paint Store and Dulux Paints are located on the adjacent properties to the east, which are zoned MCX-20. Hirayama Brothers Electric is located directly across Kalanikoa Street on land zoned ML-10. 19. FIRM: Zone "X", an area of minimal flood hazard. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the subject property is from Kalanikoa Street, a two-lane paved County owned and maintained roadway. The Zoning Map classifies Kalanikoa Street as a collector with an existing right-of-way width of 50 feet. Condition E of the subject ordinance requires all driveway connections to conform with Chapter 22, County Streets, of the Hawai`i County Code. 21. Water: According to the Department of Water Supply (DWS), county water is available to the site via an 8-inch waterline within Kalanikoa Street. The subject property is currently served with a 5/8" water meter. Despite the applicant submitting estimated daily water usage calculations in 2016, DWS has requested that the applicant submit an -3- updated set of calculations prepared by a professional engineer licensed in the State of Hawaii for review and approval as the previous set of demand calculations may be stale. Furthermore,the applicant will be required to install a reduced pressure type backflow prevention assembly, within five(5) feet of the meter on private property. Finally, DWS indicated that existing 8-inch waterline within Kalanikoa Street is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS' Water System Standards. The applicant resubmitted the water calculations to DWS for review and approval and suggested to conduct a fire flow test to determine if the fire flow rate is sufficient to at the property. 22. Wastewater: A County sewer line is located within Kalanikoa Street. Pursuant to Condition I of the subject change of zone ordinance,the applicant is required to connect the development to the sewer. 23. Solid Waste: Solid waste will be hauled to an approved landfill by tenants or commercial haulers. Pursuant to Condition J of the rezone ordinance, the applicant submitted a solid waste management plan to the Department of Environmental Management, which was approved on August 10, 2016. 24. Essential Utilities and Services: Electricity, telephone and emergency services are available to the site. AGENCIES' COMMENTS 25. Department of Water Supply: (Planning Department Exhibit 2 —January 27, 2021 Memo). AGENCIES—NO COMMENTS OR CONCERNS 26. Department of Public Works-Engineering Division, Department of Environmental Management, Police Department, & Fire Department. AGENCIES—NO RESPONSE 27. State Department of Health. APPLICANT'S RESPONSE TO AGENCY COMMENTS 28. Applicant's response to Department of Water Supply comments: (Planning Department Exhibit 3—March 11, 2021 Email and attached letter to DWS). -4- PUBLIC COMMENTS 29. None as of the date of this writing. -5- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT _ (Type or legibly print the requested information) APPLICANT: J P Automotive, LLC APPLICANT'S SIGNA DATE:el 1 f Th2-13 ADDRESS: 494 Kalanikoa Street G, Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)808-935-9000 (Res.) (Fax) LANDOWNER(S): J P Automo TE:12 I, l g 12t,2� LANDOWNER SIGNATURE(S): DA : LANDOWNER(S) ADDRESS: 494 Kalanikoa Street G,bHilo Fll 96720 REQUEST: MCX-20 TO MCX-20 (ammend conditions to ordinance 09 138) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 2-2-035: 034 STREET ADDRESS OF PROPERTY: 513 Kalanikoa Street, Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22,300 sq ft AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole Street, Hilo, HI 96720 TELEPHONE:(Bus.) 808-333-3393 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planningepi. Exhibit. TIME EXTENSION REQUEST TO COMPLETE CONDITIONS OF REZONE ORDINANCE 09-138 J.P. AUTOMOTIVE, LLC. WAIAKEA HOUSELOTS 1st, WAIAKEA, SOUTH HILO, HAWAI'I TMK: (3) 2-2-035: 034 A. Applicant J.P. Automotive, LLC (Applicant) purchased the subject property in 2015 and has prepared and submitted plans for the development of a new automotive repair garage on the Subject property. The property is located along the west side of Kalanikoa Street, approximately 100 feet north of the intersection of Kalanikoa Street and Hualani Street, Waiakea Houselots, 1st Series, Waiakea South Hilo, Hawai'i (Figure 1). Project History Change of Zone Ordinance No. 09-138 amended the zoning classification of the subject property from Single-Family Residential (RS-10) to Industrial-Commercial Mixed (MCX - 20). The previous owner of the property, applicant for the initial Change of Zone application, was granted an administrative time extension to comply with Condition D (time to complete construction) (Exhibit A). This administrative time extension to complete construction (of the original project), extended the original completion date from November 4, 2014 to November 4, 2019. The applicant has made considerable progress toward completion, including clearing and grading the property, water service installation, plan approval and building plans have been prepared, but additional time is needed to complete the project. Proposed Project The proposed development consists of an auto repair facility with supporting infrastructure. The proposed development site plan is provided as Figure 2. The proposed auto repair facility floor plan and elevation drawings are provided as Figure 3 & 4. The auto repair facility would consist of a steel building 3,750 square-feet in area with four repair bays, three bathrooms and a coffee break room. Four (4) paved parking stalls will be provided on site, one of which will be ADA compliant. Compliance with conditions of approval A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. The applicant, successors or assigns will comply with all stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicants shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy"to the Department of Water Supply within 180 days from the effective date of this ordinance. a ---- _ PLA 7 33 ——1 I -- f L./7 T jL P//LAN/ STREET • Mb.... 7;4;'1:74;.:9.....'611 M/a. 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IIETNI i FRE-f ASi 6'*DILL i OP PER 1 2p1� YY /, �ryp ` , © r:ONS'MY.',1 6-NW OWREIE PLANTER URD(--�y 'TOTER /'J r,hv.p ♦ PLY MTNI \� 22'\ c ff WSJ <k Kl {, ..', --I� B .�; �0 0 SIN ecE`wmleRw0 z v�ER oEE�iW <�01) y a'' b 1 _ iA ix''ORE OF 165105 PAVEMENT MDI- \ "� DEED AREA �L., JISIIN NPCW PAVEMENT TOEMISW C PAWNOR EG M 1 I I• ri,LO „l YAM SMOOM i TRANS,ON PER OEIA4 f I ll -_... PROPOSED BUILGING i 1 PN50OSCO ® '017,r O N l i VRR,LFII EH ANO AOER4R '� I ��� -- GVNN ROW. IA1NL n H �•� v MANAGE INSET AU p. ` . e1EC ) b • 1--.....---. .:. /� CYJ CONSTRUCT TT4,PER CONCRETE DROP -v Cil 1.1 Ap N pRfM.l6Y.PER DPW. r. rrrr f m c'50 N Cl GRATTT CON11601 JOAO%PER U_raL(,..,',04) A"rt 4'1 • 1 CONSTRICT 5"DNA CONCRETE OPoNIxf. { �F ��5,� � . DRAYAGE INLET / 17B oRNNACE INLET �b x•. gym, cuarM,E NEINEp?CE MIN►l a zA'nr. ?,a 7 e-: — < .... _..--' SEE UP_OM, . 'l SCE BiL^MG. - - EAC W T PER DEUR. __ _. __ 3PM Of c.7, ,,.,(i)2.2-035.0,3 SiGN&STRIPING NOTES 1 J CONSTRUCT AOA ACCESSIBLE STANDARD W vAn`c rll C-2C2 1c 107) ARNMC W/SIGNS PER 0E160 .> LEGEND LEGEND ' O Q3 NOW PATOMEM —1 :Y O q I+ NCW PABEMCNT p F. Z ri /_/ NEW Cnrar'E WALAWAY a �N NEW 0116CHEIC K -, ='S _1 460M Br�OEv*0 Br: tM.L0 eV. in BY JOB NO. O SITE PLAN _. Rowc.NO :e WALE '-• --'—�= C-101 SNEET Nf). Faure 2 0 0 0 0 ZC4 mW ' -/-0' _ 25-0• ZS�-0• �• 7°''0• ......r-0•_ W Z — — — : r' ZCa i; - r. 0°. K MAL EQUAL EtlMC WO...,'zif, CC)• • .) -... C) (111:1 _ s7 p w� m H H , O `I „roCD ;..E� SERVICE -I /Le, p —iJIxP is i . a H ro 1 H i a F.-, ! } Q 0 E'_1 p.;l),ISL•X2 COFFEE "_ - UNISFJE3 1° 11 .L TIP n ... ,W.! IMIsrx I .▪ U.1 r. _; ". ft 0 i' ...per E , p ▪ O - z e r 2 d NOTES RIC ERMIE PER IrvE q9$5WM 6+ NO 110ES 8. tM OEfilli CENNG RAN.SEF i y i pp$$,,so ©CpYC.NNM.5(E 10 ply `6�OAR�/$-10! a ]. FOR CXlt 0)CLLVE1r045.SCE ONL cp OY�G p r%," CNOOIC-r01 MC O AL FRAME PEA ) IX1C 50 9_90MNUM SC1L0.SF{ NO 5-ADt FAV:yr 'A9�,4:0,' VNSNCU TINE O< VM.- YRH)COL PER R1° 9CCL"UF"COD L EOR RNSN SLNED.SEE IMG NO rHrrr�a.:'a:c _J1 yA�L �ogt��,EE ] FAB CMC © -8(11 � Oti R.NIE•OM: Fig ,vQTV�[wl eTx�$E !cst 0330330 20.SEE ELEC. CD ICON U"c a NO s FOUNDATION MON.SU DWG AM, 01 "VW. .'(SIR 11 v)N I)1 NO co 0 1 P-201 c A O S-201 WW�CEW) �L•/�-16 SE(DO 19 ou fLOO4 DRAW PON 4 NO$•J01 ERWINC PINY,4E Mlf. ,9J!'A-.:•a ,p. O STRUCTURA I,FLOOR PLAN Ni -zN1EL5 9 " u s FGR RWE RAN,SEE v°G No W; I A SM.F f(1'.r'..O• O ELSE.NAGS DWG NO S-291 �51iEE1•ROON K. S-a0i S-1 M Permit Submittal by Keith Kanetani ?ovVN«2017 Figure 3 a Cr) Q 0 KEYNOTES Z,. E2,- 1 Q1EIN.RW AIG.PER PEW W Z 1QNETIE 9a1,1G,.ER PENS I I CDRGLL W DOM (7� I I CD KM ERRS YENNA(gi.LER PE-NR Z? Wd , ®1474 MVO R4TER PER PEM CD i i ®1111100,1 (Ill ©GORERER;GARB IU «�, .a lam.sEE 0.T • 0 _ .i ` - — .. i, SEE ! �'K. i0 - I. . ... __— _. .. _ .__ —__. ... \,. k BRASN Bllt. SfRU.RR PLW ✓� . - © SCC NOOf �3 737373 :....:. ,4 Y OD - _ __ co Z OEXTERIOR ELEVATION EAST •¢ SSE 47 l•-:,' m a I w i CD O a ,o. } 7� M E C 'i. < O r n ° - .. T 1- z 1 d C,1 Kw x��.a CD , _ _.._.. _._... vee .Pa OEXTERIOR ELEVATION-WEST SCALE. V+'_r-o• s S-60I • Permit Submittal. by Reith Kanetani 2g,',7;7.2017 Figure4 KEYNOTE �Y.ROORNC.PER PE41e 111 Zr �2 YETM.SONG.PER PEYO Z CD mum.BEM,PER PEWS C7 - O O o YEiµRIDDE VENPUIat,PEP PEYD Z°1 - crD DOOR w a. I ( U CONCRETE CORE v I ID 1 I 1 , d SEE DET 3/5-101 CiD ICORNER EVSR. O SEE ®RAKE PASO.SFE DV4/5 401 D.&41'L4511 BEM, I t O (TiSEE STPD.FLR.RAH . (-11,1) -._.. -- _ ---Iz CD PLAN s¢Roca jl^` ,,�.. T ) • =I _ --- - -_ -:',1 11 END WALL F(AkNG(COLOR . • _ -" TO MATCH PFO)PER KW C_.) 'I: T • 'I I '.. MOM,. CD I".•' t /4 I I mac. - P f L7 Cs7) 'l �1 ---_ .'E.I;j ..0 1 5vl EXTERIOR ELEVATION-SOUTH d _ W LLU 0 • CP1I w K I I � • 1 O I Y T e Z. . _-----------"-- _ _ "1 c-) - ,-3 c C ;1 ) o5 O � CD .: ,. . 1 � 1 K O mr .... jM o Q ...________I____, .,N .Hoo-!s-_r EXTERIOR ELEVATION-NORTH Ew N0 g Scup 1/s-- ._0. 6 2 t `~`-- Porrni t !ct>mi 1_t«I t)v I<e.i th Kariritan_i _§-692 g01 Water Demand Calculations were completed, and County Water service has been installed at the subject parcel. (Exhibit B) C. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply before water service can be activated. The applicant will install a reduced pressure type backflow assembly within five (5) feet of the water meter on private property. D. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant(s), successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25- 2-70, Chapter 25 (Zoning Code, Hawai'i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access, parking stalls and loading zones associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawai'i County Code. An initial time extension for the completion of construction was granted November 13, 2014. Final Plan Approval was granted for the proposed Automotive Repair Garage on August 25, 2016 (Exhibit C) Please accept this request to extend the deadline for completion of construction to five years from the date of the requested amended ordinance. Further discussion of this request is provided in Section C of this report. E. All driveway connections to Kalanikoa Street shall conform to Chapter 22 (County Streets) of the Hawai'i County Code. All driveway connections to Kalanikoa Street will conform to Chapter 22, County Streets, of the Hawai'i County Code. F. The applicants shall provide improvements to the properties frontage along Kalanikoa Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. The applicant will provide improvements to the Kalanikoa Street frontage of the property consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. G. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicants. The applicant will install streetlights and traffic control devices as required by the Traffic Division, Department of Public Works. H. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and submitted to the Department of Public Works prior to the issuance of Final Plan Approval. Any drainage improvements, if required, shall be constructed meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. The applicant submitted a drainage plan which was approved by the Department of Public works on June 14, 2016 (Exhibit D). As detailed in the drainage study, the development generated runoff will be mitigated by the construction of two new dry wells. I. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. The project will connect to the County sewer prior to the issuance of a Certificate of Occupancy. J. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. The applicant submitted a solid waste management plan to the Department of Environmental Management which was approved August 10, 2016 (Exhibit E). K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. The applicant will comply with this condition. The likelihood of any historic sites being encountered during site work is very remote as the parcel has been completely graded. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. The applicant will comply with this condition. M. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. The applicant will comply with this condition. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to 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). 5. If the applicant(s) should require an additional extension of time, the Planning Department shall submit the applicants'request to the County Council for appropriate action. The applicant acknowledges the circumstances in which a time extension for the completion of the conditions of this Ordinance may be granted. These circumstances are reviewed in Section C of this report. C. Time Extension Request (Amendment) The applicant is seeking an amendment to Condition D of approval under Ordinance 09- 138, to allow a time extension to complete the proposed development. Deleted text is [bracketed and stricken] and new text is underscored. 1. Condition D Request — Time extension to complete construction. D. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance, as amended. Prior to construction, the applicant(s), successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code, Hawai'i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access, parking stalls and loading zones associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawai'i County Code. Reasoning: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. The applicant has been working diligently since purchase of the subject property in 2015 to build the proposed auto repair center. The lot was cleared and graded (under permit) in 2015 to 2017. This took longer than anticipated as squatters had made camps on the property and had to be moved. The design and engineering of the proposed improvements took approximately two years with multiple revisions. Initially it appeared that automatic fire sprinklers would be required, however the applicant has opted to provide a fire hydrant nearby to support fire suppression needs. DWS service to the property was installed in March of 2016. Business planning and financing of the project proceeded through 2018 and 2019. One financing contingency is the approval of this time extension request. Further, Jeffrey Pilor, the owner of J. P. Automotive LLC had personal hardships including ailing family members and deaths in the family that took considerable time and energy away from completing the project on time. The applicant's own summary of the project timeline is also included (Exhibit F). 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for the subject parcel is Industrial. The State Land Use designation for the property is Urban. These designations support uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, and light industrial uses. The current and requested MCX designation would be consistent with the Industrial designation of the LUPAG Map for this area of Hilo. Further, the Waiakea Houselots area is identified in the General Plan for industrial/commercial mixed uses. Properties to the east and northeast are similarly zoned MCX-20 and properties to the west and northwest are zoned ML-10 and ML- 20. Though some parcels in the area retain RS-10 zoning, and the Hilo Community Development Plan suggested retaining residential uses in the area, the trend of the area is for commercial and industrial development. As the property is almost directly in the flight path of the nearby Hilo International Airport, land uses of commercial and industrial character are appropriate. Analysis by the Planning Department and Planning Commission determined that the MCX zoning designation was appropriate for this parcel. There have been no significant changes to the General Plan or other relevant land use regulations since the original 2009 change of zone that would affect the requested time extension. The change of zone was found to be consistent with the General Plan and State Land Use regulations. All utilities and services are available to the site. The property had no serious geological, topographical or flooding related concerns. The proposed use was determined to not be likely to significantly increase noise or air pollution in the area. Further the proposed MCX zoning was found to be in compliance with Chapter 205A, Hawaii Revised Statutes (Exhibit G) 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. In August of 2009 the Windward Planning Commission voted to recommend the approval of the change of zone of the subject parcel from RS-10 to an Industrial Commercial Mixed (MCX-20) district. The original development plans included a 7,800 square- foot steel building containing warehouse bays and office spaces. The previous plans were intended to provide the local entrepreneur with an affordable location for a business establishment or warehouse storage space. The current proposed plans would include an auto repair facility of 3,750 square-feet. These plans are substantially similar to those originally intended and would generate less impact than the originally planned facility that would have been over twice as large. Further, the use and trends in the area are similar to what existed in 2009, which were found to be in keeping with the change of zone. 4. The time extension granted shall be for a period not to 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). The circumstance of an additional extension of time is addressed under circumstance 5 below. 5. If the applicant(s) should require an additional extension of time, the Planning Department shall submit the applicants'request to the County Council for appropriate action. This report is submitted in support of the request for time extension to be reviewed by the Planning Commission and the County Council for appropriate action. William P..Komi •'` r• ' ';. Duane Kaautta Akar r J • Director Y'( 'i� ••a/• Bobby Command ` W Deputy Director Wag}i'i Office Era Hawai a Office 74-5044 Am Keebokalote Hwy •`• 30t Paori Steed,Sarile 3 , > 96740 County of Hawai . Hilo,Rowel 96720 Fox($08) t�1327-3563 PLANNING DEPARTMENT nose t %1.8242 030er%1-8742 November 13,2014 Mrs.JoAnne Dakujaku 255 Hoaka Road Hilo,HI 96720 Dear Mrs.Dakujaku: Change of Zone Ordinance No. 09-138(REZ 09-000097) Applicant: Conrad and JoAnne Dakujaku Request: RS-10 to MCX-20 Subject Administrative Time Extension for Condition D TMK: (312-2-035:034 This is to acknowledge receipt of your letter dated November 7,2014,requesting an administrative time extension to comply with Condition D(time to complete construction)of Change of Zone Ordinance No. 09-138. Condition N allows far an initial administrative time extension for a period not to exceed the period originally granted Based on your request, we will grant a 5-year time extension to November 4,2019 by which to complete construction of the proposed development as required by Condition D. Please be informed,however,should you require an additional extension of time to comply with Condition D,20 copies of your written request with supporting reasons and a S250 filing fee shall be submitted to this office for processing before the Windward Planning Commission,who will conduct a public hearing regarding your request and then forward their recommendation to the County Council. If you have any questions,please feel free to contact Christian Kay at 961-8136. Sincerely, ` — /DUANE KANUHA Planning Director T" CRK:kht RAwpwirdOCKsylPfaming ComnissioelLetteiskTime EueosioeslDakujako-AdmiollER-Condi?-BEIA4-097,doc IntedsiduSagaingilegmw Homan Corny a an Equal Oppoat ratty Provider rad Employer hOihi5 Exhibit A • ( V- Engineering J'arkners, Inc. • Progressive 5oIutions Water Demand Calculations 18000-15-38 October 10,2016 Project Name: JP Automotive Repair Center Project Location: Hilo, Island of Hawaii TMK: (3) 2-2-035: 034 Type of Occupancy: Automotive Repair Center Total Property Area: 0.51 acres Proposed Improvements: • JP Automotive Repair Center including: o 2 flush tank water closets o 2 lavatories o 1 shower o 4 hose bibbs Estimate of Water Usage: 5 workers/day @,20 gallons/patient= 100 gallons 20 staff/day (c)5 gallons/staff= 100 gallons Total Maximum water usage from project site= 200 gallons/day 200 gpd/400 gpd per unit=0.5 units are required. Use I unit. See attachments for Peak hour usage calculations. There is a total of 14.5 fixture units which is equal to 11 gpm of Peak hour flow. Conclusion: A 5/8"water meter will be needed for project site. There is a existing 5/8"water meter installed onsite. If you have any questions,please call me at 933-7900. Sincerely, ENGINEERING PARTNERS, INC -7 Yen Wen Fang, P.E. Principal P.O.BOX 4159 • HILO.HI 96720 • TEL(808)933-7900 • FAX(808)933-3533 • CONTACTOEPIHAWAILCOM • WWW.EPIIIAWAII.CO:II Exhibit B Engineering Partners, INC. Job Name-JP Automotive Repair Center ultra PROPOSED DOMESTIC flow ultra flow privale public E. 4 (:;ise.•,.-.luaterclosst:Fiusnvdve.�.-.-..•_•:-.-_�.-.1.-:3.a•.-1.•.5 0-.r.1r:•.o.•-•p.•.•lo•-•.) Cry 0 0 0 0 1 0.00 1 F•ti;.�:;:;:;.wr»ar{absat_Ff�,;rank;:....;..;.�.-:.-..(..z;r;•:C.;•7.p:.:•1-:•zs:•'1::•?�5'. • •aiy 0 0 2 0 1 5.00 1 Oly 0 0 0 0 1 0.00 1 (.•>.•.•:.-:_•..-.iavalnq.•.•..-.•.•.•.-.•.•.-.-.•.•.•.1'.'D.5:.1.•.,a2::1.-.-r.a.•.•.•t-.-.'I Oly 0 0 2 1 200 1 kitdterisinfc.-.�.•.•r.•.•.•.•.•.•.•.•.•.' 1 }s.-.:.•.1.•:.t.5.':1 Oty 0 0 0 0 1 0.00 1 f ::';' •srrore 61)' )('I; 0 0..I 1 2.00 1 ..A..•_C-.r+.•.•1'.•.!: :I Oty 0 0 0 0 1 0.00 1 1.-:':•:•.Onnktng f.ourxan y-Watercwfer�.�.-.•:•.,v::G`E•..1.r.-I-.-::.2r._a::-0:5.-1•r..0:5-.-.I Oty 0 0 0 0 1 0.00 1 I :-.'.•:Laurxiryt�ey 1 2 1 ' A 1•.:z I •q.•:•.1 Oty 0 0 0 0 1 0.00 1 1„•...;;Ser�jidd ArfkRMb WMc -: >2 4 c:<1.5 °y 0 b . ..o 1 000 I I.�...::::-:•AfsfhesMrr.....:: .•.•.:.I tis:.1.:_ •n .•k:-.,5 T 1 s•:'I Oty 0 0 0 0 1 0.00 1 Oty 0 0 0 0 1 0.00 1 Purr Hose.B bb 1 2S l..: 1 Oly t 1 2.50 1 1 ••;'Add uona){idsa elb64.a•.... sry s3.00;,p f:{.,:,• I,...':I o6:.1 r _..'1 I Oty 1 0.00 •.•...•.•.•..•'_•r.-. Oty 0 1 0.00 1 Oly 0 1 0.00 1 I. .. •..;wacr,errna.rrnd. � I Y>s :1:: -0..•k:-:d•. ir,.d•t•) by o 0 o b I 0.00 I Ott, 0 1 0.00 1 Oty 0 I 0.00 . Qty 0 ;1 1 0.00 1 1 :•7+tgha dasdr .., ...::{:6: ..o.:I i.. .:{ .. 1..-:-:-:":•:1 0.00 1 r.•.•.•i.•.•.•.•.•:•.•:hoSe-•.•_•:•:•:•.•.•.•.•.•. City].-.•O••.'i'i-:_•:•:::f'.•.•.'.•1-rJtY.3-}:I 1 0.00 I 4...:•....•..........•:.•::.....1.. y.1..-.�.•.•(•_,:: 1.:.-.1.•::•::•a city 0 I 0.00 1 Total Fixture Units MEN WATER FLOW REQUIREMENTS DATE' 10/10/16 PROJECT NAME:JP Automotive Repair Center A. PROPOSED DOMESTIC: 14.50 F.U.'S 11.0 GPM'S B. PROPOSED OTHERS: 0 F.U.'S 0.0 GPM'S C. TOTAL PROPOSED: 14.5 F.U.'S 11.0 GPM'S (DO NOT include inigelion gpm i(less than domestic and done during off-peck hours) D. DEMOLISHED:DOMESTIC 0.00 F.U.'S 0.0 GPM'S (All fixtures being removed) DEMO PERMIT 0 DATE E DEMOLISHED:OTHER 0 F.U.'S 0.0 GPM'S DEMO PERMIT p DATE F. TOTAL DEMOLITION: 0 F.U.'S 0.0 GPM'S (Add D and E) G. NET CHANGE: 14.5 F.U.'S 11.0 GPM'S (Subtract F born C above) H EXISTING DOMESTIC TO REMAIN: 0 F.U.'S 0.0 GPM'S (Other fixtures serviced by this meter but not affected by project including imgation) L. GRAND TOTAL 14.5 F.U.'S 11.0 GPM'S (Add C and H) CALCULATION CRITERIA USE(1)FOR FLUSH TANK: OR FLUSH VALVE:(2) 1 WATER DEMAND SCHEDULE FIXTURE UNITS 14.5 FU GALLONS PER MIN. 11.0 GPM GALLONS PER DAY 495 GPD 45 MIN PER DAY '-' "" TION FOR WATER AND SEWER SERVICES 717 7OFFICIAL RECEIPT —_ , DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII COUNTY OF HAWAII APPLICATION NO DEPARTMENT OF WATER SUPPLY DATE /� L TVIRONMENTAL MANAGEMENT, WASTEWATER DIVISION SERVICE 1 `u,.n1/4,11,0 D 3/ 1 NO RECEIVED 1 Served by Sewer: Yes No FROM `O Y �L _^ Service No.: 1/L 7,51/-"6.•,i.,:: (I Res x,o' Bus PAGE FROM TO AMOUNT No. of Units served by sewer METER RATE MI , 4 ,,,-4 INSTALLATION 9S DO Lot No. 1 FACILITIES RESERVE CHARGES aartment of Water Supply of the County of Hawai`i for water service, and the Department o f CREDIT DEPOSIT :• -i� the County of Hawai`i for sewer service, if applicable, at the above location. Pending approval, SERVICES i 411 I :e(s), the undersigned agrees to pay all charges incurred upon such location for such service(s) METER �° CD ;s, provisions, and policies prescribed by the Department of Water Supply and the Water Board LABOR&MATERIAL t,. �� c '' --• nental Management of the County of Hawai i, and the State and County of Hawai i, relating to �Q' understands that they will be billed by the Department of Water Supply for water service, and if Division of the Department of Environmental Management for sewer service. 6� ' 2 ,r JNLY ACCOUNT INFORMATION 9c'.SZble . AAplica gent: . /,! for L-VI-e ... Billing Address: '~ !"1 , i '.`ate ,X 67-73.°7-37-- CASH 0 M.O. 0 TOTAL i,9 DD t/) 7r// i. 7d0 CHECK pis T 4�„{, ���'L OFFICE 0 MAIL 0 ID#: i 0 0 7,)/ /10 HVL---- 1/61l;2"e''- ' ' 2 8 2 6 6 2 RECEIVED BY `W Phone: (H) �,.� ' i^ (B) ¶ 9-'1 alp (C) mm___,_____ — Signature: ! *'l► Date: • o LIMITED TO GALLONS PER DAY ( ) UNIT(S) DWS Cust Svc Rep: _9:2/ The County of Hawaii is an equal opportunity provider and employer. Rev 5/11 CUSTOMER ?PL PION FOR WATER AND SEWER SERVICES f 1. i i COUNTY OF HAWAII DEPARTMENT OF WATER SUPPLY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WASTEWATER DIVISION Served bySewer: Yes No r L" ;. . -7 Bus Date of Application: Service No.: 'l r��'` I 1'.` Res No. of Units served by sewer LOCATION/ADDRESS: 'r ` ' TAX MAP KEY: : - '`_. r` r , Lot No. /--#') The undersigned applicant hereby applies to the Department of Water Supply of the County of Hawai`i for water service, and the Department of Environmental Management, Wastewater Division, of the County of Hawai`i for sewer service, if applicable, at the above location. Pending approval, and in consideration of commencement of such service(s), the undersigned agrees to pay all charges incurred upon such location for such service(s) and to abide by all rules, regulations, ordinances, codes, provisions, and policies prescribed by the Department of Water Supply and the Water Board of the County of Hawai`i, the Department of Environmental Management of the County of Hawai`i, and the State and County of Hawai`i, relating to water and sewer services and rates. The undersigned understands that they will be billed by the Department of Water Supply for water service, and if applicable, will be billed separately by the Wastewater Division of the Department of Environmental Management for sewer service. FOR DWS DEPARTMENTAL USE ONLY ACCOUNT INFORMATION , Category Code: 70%: P f/ � Purpose: System Code: Applicant/Agent: f " r> �; Flat/Estimated Fees: $ -.,�='t , __Rec # 1'L iLU,i/ 1?_ w .O.9 UpC 1'c , 5*-" 0 --, Fee Description: __ _ _ Billing Address: �.►�anr ♦.I�' i MLe., Facilities Charge $ _ Rec # �,, Credit Deposit $ — Rec . Rec#�� _ r'/ '"f L -7°' ' Work Order No.: Size: "f 71 ? ' / , Meter No./AMR No.: /0: 2! _ / ID #: / 0 0 r?)/ f-70 h!Dl_ I/61 7/ 3).e'1,-.1 Reading When Installed: Date: Elevation Agreement: _ _Backflow Preventer: Phone: (H) r41 w '34c (B) .l 55- OD (C) Out-of-Bound: Date Service Started: (T -""--., Remarks: Signature: 1 (' , Date: LIMITED TO )GALLONS PER DAY ( )UNIT(S) _ __ DWS Cust Svc Rep: .9'"?) _ The County of Hawai`i is an equal opportunity provider and employer. Rev 5/11 CUSTOMER ` s-�w,+ w..r �n ,kr..�"a } .."- ..5•,, , "' .'' s-� b 4 -k sm t? r �"=? 1i `6za"r^'' '.. F ., Fj 3 H r 7o um Gamiao r=i i . + �� r orf A4 DeputyDtrec o• West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawai`i Hilo,Hawai`i 96720 Phone(808)323.4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 August 25, 2016 • sr Mr. Oren Hironaka Engineering Partners 455 E. Lanikaula Street e Hilo,HI 96720 Dear Mr. Hironaka: SUBJECT: FINAL PLAN APPROVAL (PLA-16-001314) Automotive Repair Garage (J.P.Automotive) } #� `� TMK: 2-2-035:034 Waiakea House Lots, South Hilo, Hawaii We have reviewed the above-described plans for the proposed Automotive Repair Garage pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL • for your files. Please be aware of the conditions of approval that are part of this FINAL PLAN APPROVAL for the proposed project. These conditions, listed on pages 2-3 of the FINAL PLAN APPROVAL document,must be complied with prior to the occupancy of the Automotive Repair Garage. 4y For your information, all accessible parking spaces shall comply with current State and Federal Standards. Please find the most current requirements at the Disability and Communication Access Board website at http://health.hawaii gov/dcab/parking or visit our website for helpful information:http://www.coh.planningdept.com/resources-and-references. Should you have any questions, please feel welcome to contact Larry Nakayama of this y= Department at(808) 961-8149 or Larry.Nakayarna@hawaiicounty.gov. Sincerely, D16& E'74 , NUHA flat ninr irector S11-1 LHN:ne p:\plan approvals121PLA-16-001314 JP Automotive LLC TMK 2-2-035-034 letter.doc G >{3y w Enclosure: PLA-16-001314 Forrrn,doc, www.cc t ni z corn Hawat'1 County is an Equal Opportunity Provider and Employer plunnirg u)hawaiiccuriIy gov �� 21 �1� Exhibit C , ;� �. . s —z e e'Is r COUNTY OFsR WWAH PLANNING DEPARTMENT ri, --5 x FINAL ' PLAN APPROVAL rrik;;;;;Y PLA-16-001314 EAPPLICANT: DATE APPROVED: EngEngineeringi' Partners August 25,2016 LOCATION: TAX MAP KEY: 513 Kalanikoa Street,Hilo,Hawaii (3)2-2-035:034 PARCEL AREA: ZONE: 22,216 square feet(0.51 acre) Industrial-Commercial Mixed District—20,000 sf (MCX-20) PROPOSED USE: Automotive Repair Garage Comments As Shown on Plan OK. 20'-0"Minimum required. Front Yard (Kalanikoa Street): 58.00 feet OK.None(Abuts MCX zoned property) Rear Yard (East): 84.00 feet Side Yard (North): 25.00 feet OK. 10'-0"Min.required(abuts RS zoned property). Side Yard (South): 25.00 feet OK. 10'-0"Min. required (abuts RS zoned property). Ht. of Structure: 22 feet OK. 45' -0" Maximum required. Access driveway off of OK. Must comply with the requirements of the Access to parking: Department of Public Works. Kalanikoa Street. Off Street Parking: 4 stalls shown, 1 of which is OK. 3,800 sq. ft. /1,000 sq. ft.=4(3.8) stalls ADA van accessible. required. One of which must be ADA accessible. OK. None Required. Loading and Unloading Space: None Shown. N/A. Density Fencing and Walls:.None Shown. OK. 1 Material: Height: Location: Hawaii County is an equal opportunity provider and employer ,_,;;,,,,_;,:::-,::::4, :: , -- -; #rte - ...�, :_•---;.... '11.--r* ' t. x r ter" I z --,4777t17,47.- -W,. ..701-.'0,t ': x.c 2V-t ', 7,-;7-4xs',7-=m rT, u--" -si;A n -*, r_rwzr tit - " t, 4,,,e,..-1 Plan•Approval for TMK: (3)2-2-035.034 -;,..PLA-16-001314 �, rage 2 of 3 August 25,2016 As Shown on Plan Comments Landscaping: Carpetaria Palms and Red Hibiscus OK. Complies with Rule-17,Landscaping R:.uirements. See Condition 1 Others: Tax Clearance OK. Issued June 20,2016. Ordinance 09-138 (REZ-09-000097) OK. Approved Noverriber 4,2009. Time Extension OK. 5-Year Administrative Time Extension for Condition D (Ordinance 09-138) granted until November 4,2019. OK. Au. .ved Au_ 10,2016. Solid Waste Mara ement Plan OK. A.•roved June 14,2016. Site Draina l e Plan: Special Management Area:N/A. OK. I Does this Project have a Fair Share Contribution? FSC: Yes No N/A X FSC checked by: Lan Nakayama '; Date: 15 2016 ` r Conditions of Approval: 1. Prior to issuance of the Certificate of Occupancy, approved landscape planting and improvements shall be s` . establishedper approved landscape plan and in a manner consistent with the Standards of Rule 17 growth.Landscaping Requirements. Plants shall be maintained in a manner conducive to their health and gro z 2. Approved parking to be paved, striped and appropriate signage installed prior to issuance of the Certificate - ' of Occupancy. f State and Federal standards 3. Accessible parking spaces shall be constructed in accordance with g11dCounty,� th a 5 `wide access aisle, An and requirements.ADA van-accessible space shall be 11 by , wide if the adjacent access aisle is also ,�: alternative design allows a van-accessible space to be eight-foot(8 ) j eight-foot (8') wide. Two parking spaces may share one access aisle where multiple parking apaces are provided One access aisle can serve two spaces. , x No modification to Plans without Prior Written Approval. All work shown on the development plans 4. covered bythis Final Plan Approval shall be completed. No additions,substitutions or alterations to the site, t K�,; parking,landscaping or building design plans covered by this Final Plan Approval, shall be made without `A` `, �s y '3 .� v"'ts -3, .v.t,'*�r .a: . 'r- r .ate-n ✓ .4` " 23,. .. `' ' .1 gam. ,,,----v-, -v- �,- -` .' ' .,"s � :: --1-0,:N,11 .7 ;r` '-'10.."; # ,.,..k61,�' ,k7.. ..4„,:'�; � 7.1.0,,:47-4'4,-;; ,a ,,e„,, ' v .', s x -10;..,,,,,,*, . tea. 'F*' '+, x i s - + ,- 2 ` -r 1 "`� i, -;. . -? .-;.,47','" ''-'..':W:` .: ti _rt ,,S,t',-4, ar s Px '- .1,, a 5m JJ g 3'f i max- 1:440.244-4%,,v;,_ r .' ,,$ t x�'t sz"'zs 4s, f ter_, ;-v- :' fi. ,� w ,,,,fir-u�y �'-� =, _ �,� ��-' _ _ _� __�_� r s�"v�_-."` 'f xs> ,�esn�,;=:._:� }, w �.�swi*,F73,5v?..,c ; •r r--, s . Final Plan Approval for TMK:"(3)2 2.035034 1" : '" -'` �� i"' -��. ,;',4.;'"'"'-` "= J_. PLA-16-001314 Page 3 of 3 'f:'- August 25,2016 prior written approval of such changes by the Planning Department. A written request for approval of such changes shall be submitted and include scaled plan sheets clearly specifying all proposed changes. Upon assessing the requested changes, the director may approve or deny the requested changes or require a new, complete application for Plan Approval where the director finds the changes to be substantial. 5. Prior to approval of a Certificate of Occupancy (C.O.), the Planning Department may inspect the subject property to verify compliance with the approved plans. A C. O. shall not be approved where the buildings, site improvements,landscaping or use plans are found by the director to be inconsistent with the submittals for which the Final Plan Approval is issued. 6. Applicant,its successors or assigns, shall comply with all stated conditions of approval of Ordinance 09- 138 (REZ-09-000097). 7. Applicant shall comply with all other applicable laws,rules, regulations and requirements of Hawai`i County. • P1a :.1 irector Date: August 25,2016 p:\plan approvals121PLA-16-001315 JP Automotive LLC TMK 2-2-035-034form.doc t � . r':,,,v-1:,,,,-,.:4?-...▪ r , 5 ATS : *,. �, k▪ d .'Yj+io P"S p i q^r ,f1elf ��. ft -,�s"'♦r h - y1'y-, T "rte ', L: � Y-, .q'" *N .'o ,-r, 7.7.: • :%—.1,10,,,, M.ax. �, ir: k }'. * "I;4 "�`1E .#- '" e� .mak 4 ,L� - k ;�'2' ,1 't 5�`• t 5.a �`- ',.r •.3,.,, ?—"^�•z D - - " fes^ ' a : d s : .- I ' ocs .x �` yc -- . iP am , - ,yi1 Y ,. k „rf< � rY:Ilft,:': '., $-;--re..,----!7,.--:', ..--1,,,,-,,,t,i4A-4;v-T.,x...--,'ArAari;,-ii; ,,,atp,i,---4 -•--.7fAtt!---, i-, 'L'':'-- ' , - ' .:-:.4:--,,---,--kR:';*,;,,,,..4'.1:'-q,*-97,10.-Kliiti,iii-i4.'1'Z','''.'.f'r;'''''';' '1'N'''-'1'"::,`i'l iir5"'*'-',.-'t ____.: - _i ' - - 1"„- " - - *- `!Airaigkiiini-Dt;eabi' - -" - , .----...,,,--0_----j-?-- Brandon A.K.Gonzstlez Deputy Director • a:El:rim:iv. LrfAnil/ .a-tt,_ DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauabi Street,Suite 7 • Hilo,Hawaii 96720-4224 ' (808)961-8321 • Fax(808)961-8630 www.co.hawaii.hi.us June 14, 2016 Mr. Oren Hironaka Inc. - - ---.73:;f:,,--,:.4:,. .,2•.0A:-.%, '1,-.. Engineering Partners, in P. O. Box 4159 --,,,„ - , -.'''-'7-,..:'. :i'-',7-it.-'4':---0-1P091-:r s''''.1 N' •;---i•P-F,-,cfs'f:, Hilo,HI 96720 - - --'-- .7''''''..14'-'"f",--;,~,-!**.x a_?j:iv-4,-i%;:4:f•',.:;_n: ',-..•,‘,:, - -_,' .•-;._:--.- --...„--55-4,fet--1:-- :I'c';'-'44.0a-'4'244,-t\"--.''''''-'2't:1-,-';'.P-'' -- _ :.if_-.,,- --,;-' -:•:,--5,;i-s?iiii.471' --7-.Stkle$5,. .4.--1 ,..;- --- r.::_N_, • •,.. ,„:,,,,,,,,A-,,,,,,,,,_:.;.,_,_,,,_ SUBJECT: DRAINAGE PLAN IN ACCORDANCE WITH SECTION 25-2-72(3) Project: J. P. Automotive - .„- . .0§-, Reference: Change of Zone Ordinance No. 09 138 -7 vro -,,,,,,,----,,,t-t:',-,- si*---4'- ' q-.2-%„,-4 Tax Map Key: 2-2-35: 034 77, 't'll We have reviewed the Drainage Study(dated May 9,2016)for the proposed development submitted in accordance with Section 25-2-72(3) of the Hawaii County Code and provide the following. -- . , As detailed in the Drainage Study,its calculations and drainage maps,the developmental runoff will '- __ be mitigated by the construction of two new dry wells. Therefore,we approve the subject drainage plan as it satisfies the requirements of the abovementioned code. . , We do not sanction the proposed site plan included within the subject study as it may be subject to change given specific code and regulatory requirements of the affected agencies. Note,driveways requirea minimum offset of two feet from the property line. Should you have any questions or concerns,please contact Mr.Kelly Gomes,P.E.of the Engineering Division at 961-8327. V-A 111NA> t341 41rBEN E. I 1 HII, P.E. Engineering Division Chief ' , I KG .. , Exhibit D is an Equal Opportunity Provider and Employer a,x' .,tom sc. a"3�'' '- Ems`r:5 �w :- R --,- _,,,r,„.. s a - t' ,,i,rr--7,`. ., ''r` ` 'e,y'',,- �J;p "� '�`�-`' • . •� '' yi :=` -- DEPARTMENT OF`ENVIRONMENTAL"MANAGEMENT ' . ;• SOLID WASTE DIVISION `�% `wy ` (A,,,.-"Tr.-.1 1"::4 7:-A C. - -, COUNrYOFHAWAII-345KrKunNAa'ASr.,*41-HtLO,Hl %720 ` int, (808)961-8270 Fax 961-8553 ittl..(0:41):: Qe ZP L I E. 4gust 10,2016 ~f At Euginccring Partners ��. 455-E.Lanikaula St. <, 1-1iT_i%111 96720 Oren Hironaka �—' ` cr1 Subject: Solid Waste Management Plan for Change ofZone Application(REZ 09-000097)for CJS - 1 JP Automotive Repair Center.TMK:(3)2-2-035:034 .s..),,._:::,:., '�—' 3 P _-- y Dear Oren Hironaka, D Z OD --t On bchatfofthe County of Flnwai'i,Department of Environmental Management.we take no exception to the Solid Waste Management Plan dated August 1,2016 and received by our department on bcht►liof JP Automotive Repair Center. Shoul• you have any questions or require additional information,please contact me at(808)961-8515. S C • t, ., I Ore •,dal Chief, olid aste Division cc: Duane Kanuha, Director,County of Hawaii Planning Department BJ Leithead Todd, Director,Department onf Environmental Management SWMP file 6 ''',.:'i,',-;'_54::: ::1:2,.,:: w e "-44 yam-"i� .s .., � _. ^� ._ ^ . f loaai'i County is an equal opportunity provider and employer. "� . P *t �f � s} ! 167067e � ' �w f,y %r', v�1 Mkt -�`-&-,. bixhit E'" v Jj 4.� � - �+k County of Hawaii Planning Department Attn: Planning Director: Mr. Michael Yee Request: Additional Time to Complete Construction TMK: (3) 2-2-.35:34 Address Location: 513 Kalanikoa St. , Hilo, Hi . 96720 Property was purchased in March of 2015 with escrow closing June or July of same year, My life goal was to build and re-locate my business into the future building, but little did I know even with good and well intentions this build would present a challenge from day one, but I was determined to achieve my goals. I am currently right at the stage where everything is all together (permitting already approved with plans in contractors hands) and ready to start build within approx (90days) pending FHB financing final approval, Zoning for my current property will unfortunately end November 04, 2019, not allowing enough time to complete projected construction , your review and consideration into my concern would be greatly appreciated. Summary of Progress during Build: March —July 2015 Clear lot of very overgrown, foliage, and trash left behind by previous owner. April —August 2015: seek out advise on planning build, size, type of building, etc-talked to Different contractors : Ivan Mochida Contracting Inc. and Fujiyama Construction, after discussing my plans to build I realized that I was putting the carriage before the horse by not having the design and plans already prepared; decided to work with Neil Fujiyama of Fujiyama Construction who then suggested consulting with Engineering Partner Inc. worked On plans & design with EPI-Yen Wen Fang P.E.S.E.-principal & Keith Kanetani- project mgr. November 23, 2015 : Fujiyama Construction gave a preliminary estimate proposal; met with Exhibit F David Honma from FHB to discuss current status of&stage of project August 2015-August 2017 worked with Engineering Partners Inc.and Fujiyama Construction to meet and comply with all County codes and requirements to secure building permits required. (PERMIT# BH2019-00165) MARCH 09,2016; Dept of Water Supply Installed a water meter and service to property to Provide water access while continuing to maintain property. December 05, 2016: applied for grading permit- approved 12/08/16 January—December 2017: perform grading on property to identify location of building. Feb—June 2018 met with Judy Mellon at Small Business Administration to help me with my Business plans and projections November 2018: met again with David Honma (FHB) and my accountant Brian lwata(CPA)to Update business plans. Feb 2018 and june 12, 2019 met with: Neil Fujiyama to discuss and pick up updated (amended) Proposed estimates for FHB due to said rising cost of material s and labor. Feb 2019: had Neil Fujiyama (Fujiyama Construction) pick up and sign for approved building Permit from Building Department- clear and set building pins on property Feb to present: continue to work on business plan and related construction issues- life insurance and business entity set up with lawyer Alan Okamoto atty. *Personal note: I run my own business with (5) employees full time and in 2017 I lost Two family members for which I was directly involved with their care Jan - Mar 08, 2017(mother in-law who lived in Kona-would go from Hilo To Kona at least once a week prior to her death for her needs) and November 27, 2017 (Brother died from cancer). Sincerely, Jeffrey F. Pilor owner J.P. Automotive L.L.C. IMP Additional notes: December 31, 2019 received a call from David Honma @First Hawaiian Bank to inform me that my construction loan was approved pending a few additional conditions, one of which was to perform an appraisal for the completed project including land. FHB sent out request to various appraisal firms but was told by Don@FHB that there was only(1) one response to the request It took approx (3) months to finally complete appraisal-received appraisal at the beginning on March 2020. Appraisal came in lower than expected and created another hurdle to overcome, I have since been continuing working on completing the process on securing financing with first Hawaiian Bank with the assistance of David Honma & Don Kouchi at FHB. cs N��4„' William T.Takaba o° `r William P. Kenoi „�y� 1 Mayor ;,•'R l�'t':•.��1.1 Managing Director • .rs�r ;: Wally Lau os' Deputy Managing Director County of Hawai'i 891 Ululani Street • Hilo,Hawai'i 96720-3982 • (808)961-8211 • Fax(808)961-6553 KONA: 75-5706 Kuakini Highway,Suite 103 • Kailua-Kona,Hawaii 96740 (808)329-5226 • Fax(808)326-5663 August 31, 2009 ni - Co t� r ni •L” _ Honorable J Yoshimoto, Chairman l— and Members of the County Council County of Hawai`i 333 Kilauea Avenue Hilo, HI 96720 „.. Dear Chairman Yoshimoto and Members: Change of Zone Application(REZ 09-000097) Applicant: Conrad and Joanne Dakujaku Request: RS-10 to MCX-20 Tax Map Key: 2-2-35:34 As required by Chapter 4, Sec. 6-4.3(C), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, William P. enoi Mayor Enclosures cc: Planning Department <al ti ti-14> Comm. No. 5/ 7 Ref. To: PC► Ref. Date SEP 2 2009 Exhibit G • ...„) County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street.Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 August 31, 2009 The Honorable .1 Yoshimoto, Chairman and Members of the County Council County of Hawai`i 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09-000097) Applicant: Conrad and Joanne Dakujaku Request: RS-10 to MCX-20 Tax Map Key: 2-2-35:34 The Windward Planning Commission, after a duly held public hearing on August 7, 2009, voted to recommend for your approval the proposed legislative bill for a change of zone from a Single Family Residential -- 10,000 square feet (RS-10) to an Industrial Commercial Mixed— 20,000 square feet (MCX-20) district for approximately 22,300 square feet of land. The property is located along the west side of Kalanikoa Street, approximately 100 feet north of the intersection of Kalanikoa Street and Hualani Street, Waiakea Houselots, 1st Series, Waidkea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicants are requesting a change of zone from Single-Family Residential - 10,000 square feet (RS-10) to Industrial-Commercial Mixed - 20,000 square Feet (MCX- 20). The applicants' tentative development plans include constructing an approximately 7,800-square foot steel building containing six bays of warehouse storage space and three units of office space. However, approval of the change of zone request would allow various light industrial and commercial uses that are permitted on MCX-zoned lands. The applicants intend to provide the local entrepreneur with an affordable location for a business establishment or warehouse storage space. Hawaii County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a RS-10 to MCX-20 zoned district will conform to the goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed project will be developed in an area adequately served by necessary services such as water, sewer, utilities and transportation systems. The proposed project conforms to the Land Use - Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban areas within the County. The project area is designated Industrial on the LUPAG Map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The MCX zoning would be consistent with the Industrial designation of the LUPAG Map for this area of Hilo. In fact, the General Plan specifically identifies the Waiakea Houselots area for industrial/commercial mixed uses. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 The State Land Use designation and the Land Study Bureau's Productivity Rating for the project site is Urban. The Hilo Community Development Plan (CDP) adopted in 1975 suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The benefit of establishing industrial uses in this area is its close proximity to air transportation terminals, harbor facilities and the commercial and residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The MCX zoning designation was created when the Zoning Code was amended in 1996. In accordance with Section 25-5-130, Hawai`i County Zoning Code, this district would allow a mix of light industrial and commercial uses. The purpose of the MCX (industrial-commercial mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing non-industrial uses to unsafe and unhealthy environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. Land uses in the immediate area are a mix of commercial, industrial and residential uses. Immediately adjacent properties to the north and south are zoned RS-10 and in single-family residential use. Commercial and/or industrial uses nearby include Sherwin Williams Paint Store and Dulux Paints, zoned MCX-20, located directly east of the property and Hirayama Brothers Electric, zoned ML-10, directly across Kalanikoa Street to the west. Existing ambient noise includes airport/aviation use at the Hilo International Airport, nearby industrial and commercial uses, and traffic on Kanoelehua Avenue and Kalanikoa Street. Development of the property with commercial and/or light industrial uses should not directly impact air quality or significantly increase noise in the area, as many of the surrounding properties are already developed with similar uses. All utilities and services are available to the site. Access to the property is from Kalanikoa Street which is a County owned and maintained roadway. The Zoning Map classifies Kalanikoa Street as a collector with an existing right-of-way width of 50 feet fronting the subject property. The Department of Public Works (DPW) recommends full improvements to the entire frontage along Kalanikoa Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk along with any utility relocation. This recommendation will be included in the conditions of approval. County water is available to the site. A condition of approval will require the applicants install a reduce pressure backflow prevention assembly near the existing lateral water meter as recommended by the Department of Water Supply. The applicants will connect to the The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 County's sewer line. Solid waste will be disposed of in the Hilo landfill by tenants or commercial haulers. Additionally, a Solid Waste Management Plan will be prepared by the applicants. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone "X", area determined to be outside the 500-year floodplain. According to the applicants, there are no existing drainage ways on the property. All development generated storm water runoff will be disposed of on-site and not allowed onto adjacent properties or roadways. Additionally, a condition of approval will require the applicants prepare a drainage study and construct any drainage-related improvements required by the Department of Public Works. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is located approximately one mile from the shoreline, outside of the Special Management Area, and therefore will not be impacted by coastal hazards or affect beach erosion. Because the property is located in an urban setting close to existing industrial and commercial uses it does not have scenic value. In a letter dated March 23, 2009 the Department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD) determined that no historic properties will be affected by the proposed change of zone because urbanization has altered the land. According to the applicants, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above findings, approval of this change of zone request from a Single-Family Residential— 10,000 square feet (RS-10) to an Industrial-Commercial Mixed —20,000 square feet (MCX-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), of the County Zoning Code is transmitted. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rell Woodward, Chairman Windward Planning Commission Ldakujakuo2PC Enclosures cc: Conrad and Joanne Dakujaku Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel Kay, Christian From: John Pipan <john@landplanninghawaii.com> Sent: Monday,January 11, 2021 8:14 AM To: Kay, Christian Cc: Jackson, Maija Subject: Re:JP Automotive REZ Amendment Aloha Christian, We confirmed with the client that the proposed use fits the given definition of "repair establishment minor" Best, John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 • (808)333-3391 ' ,-2 c,: , rt LAND'';y }, y PLANNING SIP HAWAII LLC ---- On Fri, 08 Jan 2021 11:33:17 -1000 Kay, Christian <Christian.Kay@hawaiicounty.gov> wrote -- Aloha John & Happy New Year, I am in the process of intaking the application for the subject REZ amendment and I wanted to confirm with you the following: According to Zoning Code, MCX Zoning permits "Repair establishment, minor" which is defined as: 1 139166 "...an establishment which primarily provides restoration, reconstruction and general mending and repair services, and which includes those repair activities which have little or no impact on surrounding land uses and can be compatibly located with other businesses. Minor repair establishments include, but are not limited to: A. Automobile repair, including auto painting and motorized bicycle repair, provided all-repair work is performed within an enclosed structure and does not include repair of body and fender, and straightening of frame and body parts." Will you please confirm with your client that his proposed Auto repair business meets this code definition and respond in writing for our records? An email will suffice. Please let me know if you have any questions. Mahalo, Christian Christ4.an Kay,Planner County of Hawai`i Planning,Department Aupuni Center, 101 Pauahhi Street, Suite No. 3 Hilo. Hawaii 96720 Phone:(808)961-8136 Fax:(808)961-8742 Email:christian.kay fehawaiucountyyg y 2 LA\ D"• 191 wiwoole St. Hilo, HI 96720 PLA\ \I\G (MS) 333-3393 into(rc.-landplanninghawaii.com HAWAII LLC February 9, 2021 CDI p PLANNING DEP FE-7:B 9 2021 PH1.2 Mr. Zendo Kern, Director r ,. HAND DELTUPRI Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kern: Subject: Supplemental Information for an Application to Amend Condition D (Time to Complete Construction) of Change of Zone Ordinance No. - 09 138(REZ 09-000097) Applicants: JP Automotive LLC • Hilo, South Hilo,Hawaii, TIM: (3) 2-2-035: 034 Transmitted here to be included with the above referenced application package submitted on December 30, 2020 and acknowledged January 13, 2021 is a corrected TMK location map. The parcel was mistakenly identified incorrectly on the original TMK location map provided as Figure 1 in the application package. Also the description of the location of the parcel on page two of the report describes the parcel as being located on the west side of Kalanikoa Street when the parcel is actually located on the east side of Kalanikoa Street. We trust that everything is in order for your acceptance and 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. Thank you very much. Sincerely, JOHN PIPAN Planning Administrator Land Planning Hawaii LLC Enclosures 1i9 7C 4 • .:>�,r r 13 — F141ie t _ � �_ PI/LAN/ STREET re; If f- It.T. . ,.9.4, , .,, 0 5 - ' k r 7,-..y. of 3 54'• lc 77 s; .E. t . e .r nt.,. 01 aaoo. Pi i 1 1 1313 t.L f 0, .,<s ? z e IW 1.r r .'',. l d,,N L .-. ,_m.•/ m 1 p 1 d �pv a H0.7r,4-S 8 iv do 3 / ei ['1313 dr..r,.:G 4 v .'✓1L.: a 4, 0 • '" i .yS w.+... rrs..A a.:T' --b�-_ aL._ _ i n/1313.. .. a-1,513-y T+,c-y., o,c 2!1117' o.,. �;,aas- "ci i w s 13;13 v y $t 1. 8 rreoa4 d .. i 1 , �iajq. a • !l,goof 4 W ` •ii t © W .bass NI, ....ya w r .q hee.N Of ri.Am. ,.) - i GR. /o7-rce i - * } A: C re so0' �' yt < a 2i t z tt 1 ®. te,rae,. 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Orant4 it 45 �- p scoscr s 4,i , _ /925• ! R N 1,,,,,,,,;:: p . j dry tr s.Ioey w apt p! O--'1:-.;'614 I --e11 1 i „ 12 ��'j.iiilnn KTP-T YO 1 {On; S�..,, row t a �,_ �yy Fin ,I Iq i y y i (tiGr•-jt3, : �aGp h a>oos :,,;roi© i S,9 _ ".�°�;i c .o..',71...;,1 I 1 J F -I KEKUA Nil DA ; — p STREET —_. ___ .__— — E'" I f tf ( , - r , -a :_ r 0 +- PLAT 36 ' ' f �' n + --w....- GL.t T .: 37 a . E '"•s:7 •Z' R i :` w 1`l ti r n C :e a in N--1 ,:t it t,- 2.' a A z St Z=`0 t 7 J P O > ft Y i -2 U t 3-a'^)Pt a ir? Iv O n'V'r�< A4' R l[ N TA U YY se ti r ___ _—. Figure 1 I •`*K\T Ek i = : .r • 191 ;f DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI°1 96720 TELEPHONE (808)961-8050 • FAX (808)961-8657 January 17. 2021 10 IVIr. /endo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Amendment to Change of Zone Ordinance No. 09-138 (REZ 09-000097) Applicant: J.P. Automotive, LLC (formerly Dakujaku) Tax Map Key 2-2-035:034 We have reviewed the subject application and have the following comments and conditions. Please be informed that there is one (I)existing 5/8-inch meter(Account No. 110-75400) assigned to the subject parcel. The Department requests that the applicant submit estimated daily water usage calculations for review and approval. The water usage calculations shall be prepared by a professional engineer licensed in the State of Hawaii and should include the estimated peak flow in gallons per minute(GPM) and the total estimated maximum daily water usage in gallons per day, including all irrigation/landscaping use. Upon receipt of the water usage calculations above, the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge (subject to change) to be paid, if necessary. Based on the water demand calculations. the Department will determine the appropriate service lateral and meter size required. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the hackflow prevention assembly must be inspected and approved by the Department before the commencement/continuation of water service. Furthermore, the existing 8-inch waterline within Kalanikoa Street is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per the Department's Water System Standards. Nanning Dept. . . . Water, Our Most Precious Resource. . . Ka Wai A bane. . . 1 3 9 I 4 1 Exhibit The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Zendo Kern. Director Page January 27. 2021 i , please f � I S�.mura of our Water Resources and Planning Should there he . ta questions_ a ntac.t . lr. Troy <t , Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy— J.P. Automotive, LLC Kay, Christian • From: John Pipan <john@landplanninghawaii.com> Sent: Wednesday, March 17, 2021 7:05 AM To: Kay, Christian Cc: Jackson, Maija Subject: Re: JR Automotive REZ Amend Agency Comments Attachments: JP Auto DWS Water Calcs.pdf Aloha Christian, Please see attached regarding follow up with DWS. We have not received a response to date. I also spoke with Keith Kanetani of EPI about this and his impression is that the DWS calculations for flow rate are conservative and may not account for system properties like loops. He believes that an actual fire flow test may confirm that sufficient flow is possible at the site. Regardless, I think this wrinkle should underscore the need for the time extension to settle these lingering issues. Best, John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 (808)333-3391 LAND'S �� 1 PLANNING i► HAWAII LLC ---- On Wed, 24 Feb 2021 10:23:17 -1000 Kay, Christian <Christian.Kay@hawaiicounty.gov> wrote Aloha John, De,�,gency comments we have received to date for the subject REZ amendment. N • Exhibit_, 1 LAND -� 194 Wiwoole St. Hilo. HI 96720 PLANNING (808) 333-3393 I..IA1AWAII LLC info%cilandplanninghatiwaii.com \lirch I I. 2021 Mr. Keith K. Okamoto Department of Water Supply COUNTY OF HAWAII 345 Kekuanaoa Street, Suite 20 Hilo, HI 96720 Dear Mr. Okamoto: Subject: Water Demand Calculations for REZ 09-000097 Applicant—J.P. Automotive, LLC (formerly Dakujaku) 'FMK: (3)2-2-035: 034 Dear Mr. Okamoto: In response to your letter of January 27th, please see attached water demand calculations, prepared by Engineering Partners Inc. Also please see receipt for water service installation. With respect to Eire flow requirements: have conditions changed since the approval of the building plans by DWS on 1130/2017? Please feel free to direct your comments directly to me. Sincerely, JOHN PIPAN Planning Administrator Land Planning Hawaii LLC p:, ..„...d© _t'1�© :, © liE "J DRAWING lrrc min x �� n I ,�J I.N. M.CMG ..PLANS aNC1i IMG t A tiS e rkvk�1JL_J�JJ�A ow i_::0 z1Hi ©L�1E1TEJIJ x ;03, ITILI in xw onr a tall ggk �/' r J WP,INMY ill MaMRP;' 00 0-M) NM k 10MYM C4EoMEc 6`511 7.7.4.A P a ' lY(e.)) it a. 1_002 cOCf../NALI]"5.NE SAPC,i 511E FUN PI.G IWI4 Il.j' 1 iii `�Er'''')II,r`�1I�rF/�/�/V��/��F����-��{���•//(���1��� M _.. (.1 S, L�.J ` `.../ LJ L LJ Orn V I 3! P--4134 PLIMMG S1UP5. (AIL ,415MV11A1,mla h 5RC5 S C M+ Ent NOTES 11.P�-IOI PLIAPJINO PUN ❑ ❑ 1. t a2 CNN.NOTES 35.P..73I I W IEA k:144116611 POW: S C 10. 012 PIM WPM '''..'''''1:1U,14\ k DMc6)G1 CT Nill,() R11,A_i� t(l)l Viti,\ WL7IAOP GJiWFLy7 H A .,P3 1'5HE PIM (1 f]���p rlJ n I`�1 (.0)`,,S13,9:1, / 7 C rr3 044.424 SP.E PUN 3RCIIAWMa7. - �F L31/IiLro\o q 1?)J f',,,g. ?g$31.m l.h 3�1':, n 41-4111 Cm OCAS 15.11.001 V[u4YGV 5 1.+. I f,-76) CM,41[3011,: PARPENA1ID61y h SPECS 10, C-201 CA'1.11[443 37. 10-101 4ENOIAIYON PVN-WPI 11 C-266 MI 11(715 Ir'417-, .............. ..._......._-_._ 17 C-400 CM.4111410 30 10-011 NECNA411i101104.5 1>1 , 03. C-301 1 01FIM �C CONTROL F9 ..`u�. II. C-104 55t?40 140IE0 400 1:I01P104.1, `;!#0146.'`.. 001141$ 30.I 1:7 70710.1[CC& 15. C-902 55C71/P 514.PIM PffiFE144.184IS,1.1101441L .Kq..4. a: nw>Pw ,___ 5004831.5,OENO 1�irralnN>,u+�r.0 ,- x, MAMMAL 141 1-0E2 111C,MCA SPECF;A1YIN5 r II. 5-031 51001.4101 4ENCWV. 11.4-0O3 050411041J41 SPEIXICA10t4 2i'�1 M1Rc. 17. E-16t 1 -i rAEC14KA,Cl[PIAN ....'4J. I. - 17. 5-007 SRICTIR*4E41ER.A a3,k-401 3'41660 k 1011 41X40410 Y NOBS '04/14 ,50-,01 SFPOC71.41110RPN I E-301 9514IINGPIA4 I,ROJCT ,k.K.'ATIC1N no 0-133 PAOM.110'0 RAN. IS 1-401 EL0.CII110N.9.16110. 2� Z , G 1.1151411F RIYA,ICMS, 44.E-507 R1C31NA3 00055 / - CE35931E Cc 4405 -�y c..l • 70 1-103 6,70E554411 CE1M1.5 II 1201E 514E1 1--J I ly.; 1.. ;U, II:XNM1101PI.MI 77. S;Ot 020/'104010;PIAN 2 ) l73 bt POOr AAk � - 1 132 114510,11 r4o41. LL3 0.4 75 5-5`11 PPRECTIO flim 14,04 C R'r .1, .-• 34 401 ETIENCA EI_FVAIYxri j.. II 21 5-HV FY00110£14YAT40r: __ - ,9:, n. 4 5 7r,: 5[4010 PAI'PI01NG () ]47 S 661 '091.T,PW,OC4aLS 7 _ , 11 '•.. .�.-.._ _ .r4 5.007 5-R,KOI0,4.0[166!. fir ' _. +, •, 'i 31.5-50, OW k AMY/MN 13 ICI ISLANL)h ( I 1 i O W k MAP ISLANI)O IIAWAI'1') r I _, 1,lt()1I C T I LAM , I 1 . I I 0a4 on 1 I 3 .y r. P441.CacLo sullrnNc - I v, ,'.J I.: d I...-- :1 I 3 • 1 INC NEERING G.ONSOILI ANI go . - r I y t,. IX I1 1 4 I f W APP .W.. �;. , 1 I, , 00 oe 1 `..... $Itt 7 1 J P4Frno' P ,r NONAc 41"� NJ .r'. 1....... .. fy 1 1! I 1 N'.h'11'Y11H 1AIIHI. wa7 ,T1, ;t o TLANAtihN H4F Nl4414n11: ,e:IIJa L..rw.a x1 • 1. 140141111140 PIR.1'. cv41INIV OF HAWAII ;.1.=1n Pr 1K9€f � 1 • - I.Ittl l Il'�lN4YT IHPNYIAI M4N4AI.M.v4M,ENTYI NAIE - '4 1314.IN1V 14r HAWAII VICINITY MAP PLOT PLAN Td101 13 Wit 700141..•,9 :0U..4 ngtneering a ser (9 f C0 ear fro ressIve ofution5 Water Demand Calculations 18000-15-38 October 10,2016 Project Name: JP Automotive Repair Center Project Location: Hilo, Island of Hawaii TIM: (3) 2-2-035: 034 Type of Occupancy: Automotive Repair Center Total Property Area: 0.51 acres Proposed Improvements: JP Automotive Repair Center including: a 2 flush tank water closets o 2 lavatories o 1 shower a 4 hose hibhs Estimate of Water Usage: 5 workers/day !a 20 gallons/patient- 100 gallons 20 staff/day (a 5 gallons staff 100 gallons Total Maximum water usage from project site= 200 gallons day 200 gpd/400 gpd per unit --0.5 units are required. Use I unit. See attachments for Peak hour usage calculations. There is a total of 14.5 fixture units which is equal to 11 gpm of Peak hour flow. Conclusion: A 5i8"water meter will he needed for project site. There is a existing 5/8.. water meter installed onsite. If you have any questions,please call me at 933-7900. Sincerely, ENGINEERING PARTNERS, INC Yen Wen Fang. P.Ey^l! Principal P.U.nox 4159 • 41ILo.111%720 • TEL(1818)c):3-7'4441.1 • FAX(808)933.3533 • CONTAt:T_a EPt11AIN AtLCut1 • WWW.EPIIR RW.&II.CoM Engineering Partners. INC. atu Crar FiLcsrci 1.1,i "14 0, Ia 3 v, o t I I ,ty I t , •.„1_1_,..L.,± EiL , • , 4 I i I ‘.11 0,,,x1fnortoo Valer cz,"Thi j I '1 Ott ' taoydryiwy. -.• • - JCCO - --1 4 1 -3 1 1 z 3 Oily Oar • • - .4- r ... Or, f am 1 I - . ..j. - . I 200 1 - r I oue I • Oty LISS, r491 ••• --1111111=13511;111111 4 0.00 I 000 (2, 10003 ,wa •• 1• 1 - I OM - Cry 3ow L_!.iJ f o00 14141 F UnAs I '401 WATER FLOW REQUIREMENTS LATE 10;10,16 PROJECT NAME:JP Automotive Repair Center A PROPOSED DOMESTIC; 14 50 F.0'S 110 GPM'S PROPOSED OTHERS C F.U.'S C 0 GPM'S TOTAL PROPOSED: 14 5 F.U.'S 113 GPM'S ,x)No- 4,911",)gprn card 3090 ‘73 DEMOLISHED'DOMESTIC C F.U.'S 00 GPM'S ;Ail fixtures being removed) CERSC P0391114 OA TE O DEMOLISHED-OTHER C FU'S 0 0 GPM'S 00,10 01-44:14 DATE TOTAL DEMOLITION. 0 F.U.'S CO GPM'S 4311 0 4r<0, G NET CHANGE. P4 5 FU'S 11 0 GPM'S .3,Ibtracs F 1,v•C 4110041 II EXISTING DOMESTIC TO REMAIN 0 F U'S (JO GPM'S :Or"or !"...3.11"r bt.1"."! elyslud."y "9 orn141,0n) L GRAND TOTAL 145 F.U.'S 11 C GPM'S AdrrC:et HS CALCULATION CRITERIA USE(1)FOR FLUSH TANK OR FLUS-I VALVE (21 1 1 WATER DEMAND SCHEDULE FIXTURE UNITS 14 5 FU GALLONS PER M.N 11 0 GPM GALLONS PER DAY 435 GPD 45 MIN PER DAY _. nip- TION FOR WATER AND SEWER SERVICES OFFICIAL RECEIPT DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII COUNTY OF HAWAII AF'P1.1CAnoc�NO DEPARTMENT OF WATER SUPPLY iVIRONMENTAL MANAGEMENT, WASTEWATER DIVISION SEFlVIC[ . J V iu.T {�j.t,.)l U f i BASE 3 9 ll. NO. �._— ... _. — Served Sewer: 1�c.; No by . RECEIVED t No � R�:4 FROM ` 1`; ( Service No.: Bus FROM `—' TU AMOUNT PAGE No. of[snits ser.ed by sewer NO. METER RAT L • INSTALLATION '--ID L- ' .. Lot No. FACILITIES RESERVE uirtment of Water Supply of the County of Hawai`i for water service, and the Department of CREDIT DEPOSIT ti.re,.. the County of llawai`i for sewer service, if applicable, at the above loc.itn n. Pending approval, ,� �, i ;Fr,I � SERVICES r • �e(s), the undersigned agrees to pay all charges incurred upon such location for such servicc(ti) METER tf c ,s, provisions, and policies prescribed by the Department of Water Supple and the Water Bu trd LABOR A MATERIAL .,r- r' 0."t _ rental Management of the County of Hawaii, and the State and County (,t'Hawai`i, relating=: to , ` -�'j .inderstands that they vvill be billed by the Department of Water Supply Ii)i % ate! service, and it �� ���'~ eats Division of the Department of EnvironmentalManagement for sewer c--- f ACCOUNT INFORMATION • Applicant/Agent: Billing Address: ,. CASH f.'.`.? M 0. Li TOTAL G) [)D ," CHECK c_101 1. ,,:,;r4urr OFFICE D V"MAIL 0 .1D 0. LJ G Hect::„aev W Phone: (H) (B) tC) Signature: Date: LIMITED TO GALLONS PER DAA' ( ) UN1T(S) DWS Cust Svc Rep: The County ofHawai'i is an equal opportunity provider and employer. Rev 5111 (`"...USTOMCR ....PPL.,,A. lION FOR WATER AND SEWER SERVICES '- . ..._.,..,,,...._ COUNTY OF HAWAPI DEPARTMENT OF WATER SUPPLY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WASTEWATER DIVISION -. ---- •- ....____ ____ , ______.______„. . Served by Sewer: Ye, No Date of Application: Service No.: EZE:, Bus No. of Units served by sewer .... .. LOCAT1ON/ADDRESS: TAX MAP KEY: Lot No. _.. . _ . The undersigned applicant hereby applies to the Department of Water Supply of the County of Hawai`i for water service, and the Department of Environmental Management, Wastewater Division, of the County of Hawai'i for sewer service, if applicable, at the above location. Pending approval, and in consideration of commencement of such service(s), the undersigned agrees to pay all charges incurred upon such location for such serviects) and to abide by all rules, regulations, ordinances, codes, provisions, and policies prescribed by the Department of Water Supply and the Water Board of the County of Hawah, the Department of Environmental Management of the County of flawai‘i, and the State and County of Hawai`i, relating to water and sewer services and rates. The undersigned understands that they will be billed by the Department of Water Supply lbl water service, and if applicable, will be billed separately by the Wastewater Division of the Department of Environmental Management for sewer service. FOR DWS DEPARTMENTAL USE ONLY INFORMATION _ _......... _ ....._ . Category Code: 70%: Purpose: System Code: Applieant/Agent: Flat/Estimated Fees: S Rec # ..„.... . - .. Fee Description: Billing Address: Facilities Charge $ Rec # , ,:// Credit Deposit S Rec# : Work Order No.: Size: Meter No./AMR No.: / ID#: 4..... . „...... . Reading When Installed: Date: Elevation Agreement: Backflow Preventer: Phone: (H) (B) 1 -` ' . (C) Out-of-Bound: Date Service Started: - ..:,,..._,!- . ... . . ,„_:_,-,„.. .. Remarks: Signature: Date: . .... ., .„., ..... LIMITED TO GALLONS PER DAY c ) LTNIT(S) 1 DWS Cust Svc Rep: L - ---- -- - _ _ . , The County of Hawaii is an equal opportunity provider and employer. Rev 1 1 C. :' ;TON/lEfl RJPAutomotiveREZAmend.c rk-3.22.2 1 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JP AUTOMOTIVE LLC (FORMERLY DAKUJAKU) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 138 (REZ 09-97) Upon careful review of the request to amend conditions of Change of Zone Ordinance No. 09 138, the Deputy Planning Director is recommending that a favorable recommendation for a time extension to Condition D (Time to Complete Construction) of Ordinance No. 09 138 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Deputy Planning Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This recommendation is based on the following findings: The applicant, JP Automotive LLC has submitted an application for a five (5) year time extension to Condition D (Time to Complete Construction) of Change of Zone Ordinance No. 09 138, which rezoned approximately 22,300 square feet of land from Single-Family Residential-10,000 square feet (RS-10) to the Industrial-Commercial Mixed-20,000 square feet (MCX-20) zoning district. Condition D (Time to Complete Construction) lapsed on November 4, 2019. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. Since purchasing the property in 2015, the applicant has made considerable progress in complying with conditions of approval and developing the property to move his existing automotive repair business to the subject property. This includes including clearing and grading the property, water service installation, securing Final Plan Approval and securing a building permit. Despite the applicant's best efforts to complete construction within the required timeframe, he has been unable to do so due to circumstances beyond his control, including design and development delays, family illness and deaths in the family. Based on the preceding, the applicant is requesting an additional five (5) years to complete construction. Granting of the amendments would not be contrary to the original reasons forgrantingthe change of zone. The reasons for granting g ng the original change of zone 1 under Ordinance No. 09 138 have not changed. The site is served by appropriate infrastructure to support MCX zoning such as water, wastewater, access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard and the applicant will be required to ensure that all development-related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, there has not been any significant land use regulatory change in this area. The current MCX-20 zoning continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG)map Industrial (ind) designation, which allows for a"mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined." The subject, 22,300 square foot property is rectangular in shape and generally level with a slight slope from east to west. It is currently vacant of any improvements and has been completely grubbed and graded. The MCX zoning and proposed project development is consistent with light industrial/commercial type zoning and uses in the surrounding area, which include Sherwin Williams Paint Store and Dulux Paints located on the adjacent properties to the east, which are similarly zoned MCX-20. Hirayama Brothers Electric is located directly across Kalanikoa Street on land zoned ML-10. The proposed automotive repair facility will be developed in accordance with the Zoning Code, including meeting the definition of, "repair establishment, minor" which includes: "Automobile repair, including auto painting and motorized bicycle repair, provided all repair work is performed within an enclosed structure and does not include repair of body and fender, and straightening of frame and body parts. " Furthermore, the applicant will be required to develop the property in compliance with the issued Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. -2- The proposed automotive repair facility will not generate the 50 or more peak hour vehicle trips that would require a Traffic Impact Analysis Report (TIAR). According to the Department of Water Supply (DWS), county water is available to the site via an 8-inch waterline within Kalanikoa Street. The subject property is currently served with a 5/8" water meter. Despite the applicant submitting estimated daily water usage calculations in 2016, DWS has requested that the applicant submit an updated set of calculations prepared by a professional engineer licensed in the State of Hawai`i for review and approval as the previous set of demand calculations may be stale. Furthermore, the applicant will be required to install a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. Finally, DWS indicated that existing 8-inch waterline within Kalanikoa Street is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS' Water System Standards. By email/letter dated March 11, 2021, the applicant resubmitted the water calculations to DWS for review and approval and suggested to the Planning Department that they would conduct a fire flow test to determine if the fire flow rate is sufficient to at the property. Based on the preceding, the Deputy Planning Director is recommending retaining the water calculation requirement and adding a standard condition requiring the applicant to implement fire suppression improvements required by the Fire Department or DWS prior to being issued a Certificate of Occupancy. The applicant also completed a Solid Waste Management Plan (SWMP) that was approved by the Department of Environmental Management on August 10, 2016 as required by Condition J of the subject Change of Zone ordinance. 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 properties. Additional governmental requirements may include the issuance of building permits, 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. -3- Based on the preceding findings, the Deputy Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 138. In addition, the Deputy Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and to remove conditions that have been implemented. The accompanying draft bill to amend Ordinance No. 09 138 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. -4- COUNTY OF HAWAII -•_ �' STATE OF HAWAII ,TF•CF.NF.1 BILL NO. ORDINANCE NO. lUelNi f AN ORDINANCE AMENDING ORDINANCE NO. 09 138 WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10)TO INDUSTRIAL-COMMERCIAL MIXED—20,000 SQUARE FEET (MCX-20)AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2- 035:034. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 09 138 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(240.5. Edition)] (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety, and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. -1- SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does 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 severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- ML 20 ML-20 OPEN ML-20 CG-7 5 CG-7 5 CG-7 5 ' N ¢Cr)i t COt a a I CG-7 5 CG-7 5 CG-7 5 ML-20 ML-20 - R5-10 R5-10 RS-10 R5-10 RS-10 OPEN 723005 I MCX-20 ML-20 100°E ML-20 NAL RS 10 I — SINGLE FAMILY RESIDENTIAL•10,000 - — SQUARE FEET(RS-10) R.• ., TO INDUSTRIAL-COMMERCIAL MIXED- s " W O 20,000 SQUARE FEET(MCX-20) "7 (22,300SQ.FT) MCX-20 Z W R5-10 R5-10 R5-10 R5-10 ML-10 R5-10 . MCX-10 HUALANI ST. s. W R5-10 R5-10 '-1 R5-10 R5-10 O ML-10 ML 20 Z ML-20 OPEN ML-20 F.; R5-10 Cr) u) ¢ ML 10 OPEN R5-10 0 CG-20 x Z R5-10 ML-20 Q ...1 R5-10 R5-10 R5-10 MCX-20 OPEN I 11 0 150 300 600 900 1,200 CG-20I I I l ' Feet ML-20 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED - 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK 2-2-35 34 Date May 28,2009 EXHIBIT"A FOR REFERENCE ONL Y (Dakulaku- Map 1265) CJPAutomotiveREZ.crk-3.22.21 JP AUTOMOTIVE LLC (FORMERLY DAKUJAKU) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 138 (REZ 09-97) AMENDED CONDITIONS OF APPROVAL A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicants shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the"Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date ofthi this amended ordinance. The applicant, successors, or assigns shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for the MCX zoning prior to the issuance of a Certificate of Occupancy. C. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property, which must be inspected and approved by the Department of Water Supply before water service can be activated. D. Construction of the proposed development shall be completed within five (5) years from the effective date of this amended ordinance. [Prior to construction, -- . .. • , . - • • . shall sec we Viral Plan Approval for the .. • • :• --- - • . . _ `. -cter in accerdaece with Section 25 2 70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access, parking stalls and • .• • .• . -- . . .--'es in accordance with the requirements of Planning -•• •• - ' - - ` a. _ Requirements), Chapter 25 (Zoning Code), Hawai`i County Code.] E. All driveway connections to Kalanikoa Street shall conform to Chapter 22 (County Streets) of the Hawai`i County Code. F. The applicants shall provide improvements to the [properties] property's frontage along Kalanikoa Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. G. Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicants. H. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. [A drainage study shall be prepared and Approval.] Any drainage improvements, if required, shall be constructed meeting the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. The project shall connect to the existing County sewerline prior to the issuance of a Certificate of Occupancy. P. A Solid Waste Management Plan shall be submitted to the Department of Plan Approval.] [I:] J. [- . --• • - • - . - . , - - . - , - . - .. State Historic Preservation Division (DLNR SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent -2- work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [b7] K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [M.] L. The applicants shall comply with all County, State and Federal laws, rules, regulations and requirements. [lam] M. [�. - - - --- •- .- - . - - - - - •- circumstances: 1. The non performance is the result of conditions that could not have been - --- . . - . - - - . .. . , . - . . . , 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. reasons for the granting of the change of zone. The time extension granted shall be for a period not to exceed the period originally granted far perfe c- -., . . . .. . ] If the applicant(s), successors, or assigns should require an additional extension of time, the Planning Department shall submit the applicants' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- JP AUTOMOTIVE LLC (FORMERLY DAKUJAKU) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 138 (REZ 09-97) SAY RO I „,.. r tn • 111111.11 .4-- ,— i i i — A , , ,_........„....„. , CL , ,,,,, ,.--, ;li• Z i1 . — • .. . . -_,........„ ..,,,.. ... . , ,„.. '•,-?' 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' , ,,,, _...... . .. . „„...;‘,..,,_ .• no, •---\o' •.. ., v1-00 • , , ilp _• _ .,. .. ... . -•- .,,,,,..., ..., , ' APPLICANT'S REQUEST • THE APPLICANT IS REQUESTING A FIVE (5) -YEAR TIME EXTENSION TO CONDITION D (TIME TO COMPLETE CONSTRUCTION) OF CHANGE OF ZONE ORDINANCE No. 09 138, WHICH RECLASSIFIED APPROXIMATELY 22,300 SQUARE FEET OF LAND FROM A SINGLE-FAMILY RESIDENTIAL- 10, 000 SQUARE FEET ( RS- 10) TO AN INDUSTRIAL-COMMERCIAL MIXED-20,000 SQUARE FEET( MCX-20) ZONING C� DISTRICT. PROPOSED DEVELOPMENT • THE APPLICANT PROPOSES TO CONSTRUCT AN AUTOMOTIVE REPAIR FACILITY CONSISTING OF AN APPROXIMATELY 3,750 SQUARE FOOT STEEL BUILDING WITH U FOUR (4) REPAIR BAYS, THREE (3) BATHROOMS AND A COFFEE BREAK ROOM. ADDITIONALLY, THE APPLICANT WILL PROVIDE FOUR (4) PAVED PARKING STALLS (INCLUDING ONE ADA COMPLIANT STALL) , LANDSCAPING AND OTHER RELATED IMPROVEMENTS. REASONS FOR REQUEST • 2 1 THE APPLICANT HAS MADE SINCE PURCHASING THE PROPERTY IN � S, CONSIDERABLE PROGRESS IN DEVELOPING THE PROPERTY TO MOVE HIS EXISTING f- (/) AUTOMOTIVE REPAIR BUSINESS TO THE SUBJECT PROPERTY ( INCLUDING CLEARING W AND GRADING THE PROPERTY, WATER SERVICE INSTALLATION, SECURING PLAN APPROVAL AND PREPARING BUILDING PLANS, ETC.) W ce • DESPITE THE APPLICANT' S BEST EFFORTS TO COMPLETE CONSTRUCTION WITHIN THE REQUIRED TIMEFRAME, HE HAS BEEN UNABLE TO DO SO DUE TO CIRCUMSTANCES BEYOND HIS CONTROL, INCLUDING DESIGN AND DEVELOPMENT Q DELAYS, FAMILY ILLNESS AND DEATHS IN THE FAMILY. .171 • BASED ON THE PRECEDING, THE APPLICANT IS REQUESTING AN ADDITIONAL FIVE (5) YEARS TO COMPLETE CONSTRUCTION. r.„ c) C KALANIKOA ST 70 ii (z) 0 >i< k) 0 - - KANOELEHUA AVE KANOELEHUA AVE COUNTY ZONING MAP it II Z ------ --- N Z7 D z j KALANIKOA ST KANOELEHUA AVE KANOELEHUAAVE STATE LAND USE BOUNDARY MAP T. 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' ' ,, ,'% a �, ° fav ",a�r!*� � m P I3 q ► a mrr " " 3 , �1 -n .5., ' R r V kW � FyY O E f i r 11 • � < (/) t: • " "O �,'" `I" � a, • µd 1`a� i6fk.t8rrs rdsw� .�, .--fit. SITE P H OTOS J_mz '.. . �� � i e x , \\\ . rs r ` o o. F 0e / VIEW OF KALANIKOA 0 -'�STREET LOOKING SOUTH 11'1 LIJI .^4+ t� e r 'Alit; F •3 - - vim., r y ..,,,., ., ,. . ' , . , VIEW OF KALANIKOA STREET LOOKING NORTH Z PLANNING DIRECTOR ' S RECOMMENDATION w FORWARD A FAVORABLE RECOMMENDATION 0 TO THE COUNTY COUNCIL FOR AMENDMENTS TO w REZONE ORDINANCE NO . 09 138 O U w D