HomeMy WebLinkAboutPD RECOMMENDATION (AMEND REZ-09-097)RJPAutomotiveREZAmend crk-322 21
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
for granting the change of zone. The reasons for granting the original change of zone
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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-l0.
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 andfender, and straightening offrame 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.
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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
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. 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 I 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.
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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.
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COUNTY OF HAWAII :'•{A?„!1 •': STATE OF HAWAII
BILL NO.
ORDINANCE NO. p e3 4lfal Derr)
AN ORDNANCE 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 I. Section 2 of Ordinance No. 09 138 is amended as follows:
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2005
Edition)] (2016 Edition. as amended), the County Council finds the following conditions are:
1) Necessary to prevent circumstances which maybe 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.
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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 ofthis 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 of2nd Reading:
Effective Date:
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAPI 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, HAWAPI
MAP PREPARED BY:
COUNTY OF HAWAPI,PLANNING DEPARTMENT
TMK 2-2-35 34 Date May 29,2009
EXHIBIT"A FOR REFERENCE ONL V Dak0lakU-
Map 1265)
CIPAutomotiveREZ.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 of 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,
the applicant(s), successors or assigns shall secure Final Plan Approval for the
Flawai' oe.]
E. All driveway connections to Kalanikoa Street shall conform to Chapter 22
County Streets) of the Hawaii 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 ant
ubmitted to the Department ofPublic Works prior to the is.,uance of Final-Nen
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.
J.A Solid Waste Management Plan shall be submitted to the Department of
Plan Approval.]
Y.] J.Should any remains of historic sites, such as rock walls, terraces, platforms,
State Historic Preservation Division (DLNR SHPD) shall be-ii.a..ediately
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
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work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
L] 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.
N.] M.
circumstances:
I.The non performance is the result of conditions that could not have been
and that are not the rezult of their fault or negligence.
or Zoning Code.
3.Granting ofthe time extension would not bo contrary to the original
reasons for the granting of the change of zone.
1. The time extension granted shall be for a period not to exceed the period
5.7] 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 ofthe 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.
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