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HomeMy WebLinkAboutPD Background Report (PL-REZ-2026-000103/Amed REZ 09-000097)1 B.JPAutomotiveREZAmend COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT JP AUTOMOTIVE LLC (PL-REZ-2026-000103) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 21-45 (REZ 09-97) JP AUTOMOTIVE LLC has submitted an application for a seven (7) year time extension to Condition D (Time to Complete Construction) of Change of Zone Ordinance No. 21- 45, 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, Waiākea House lots 1st Series, Waiākea, South Hilo, Hawai'i, TMK: 2-2-035:034. PROPOSED ACTION 1. Applicant’s Request: The applicant is requesting a seven (7)-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 amended ordinance.” 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 the last time extension amendment was granted under Ordinance No. 21-45, the applicant, JP Automotive LLC, has made significant progress toward relocating its automotive repair business to the subject property. The applicant has secured extensions for active building, electrical, and plumbing permits through October 14, 2026, obtained a grading permit on April 15, 2026, and completed all required site grading and pad establishment work. According to the applicant, the inability to meet the June 25, 2026 completion deadline is due to circumstances beyond his control. The initial development timeline was impacted by unforeseen personal tragedies and design delays, while the ongoing economic 2 fallout from the COVID-19 pandemic severely disrupted business operations and created financing uncertainties. Final construction loan approval remains contingent on resolving the looming land use expiration. Additionally, time is required to update construction plans, navigate processing tolling, account for supply chain and weather delays, and complete both the structure and off-site infrastructure (curb, gutter, sidewalk, and drainage). Based on the preceding factors, the applicant is requesting an additional seven (7) years to secure full financing and complete project construction. 4. Landowners: JP Automotive LLC. 5. Supportive Information: The applicant has submitted the following in support of the request: (Planning Department Exhibit 1- Application for Time Extension dated May 11, 2026, and letter dated June 1, 2026 to provide requested additional information). 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-I 0,000 square feet (RS-10) to the Industrial-Commercial Mixed-20,000 square feet (MCX-20) zoning district. The applicants at that time 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. 3 11. December 30, 2020: Date the applicant submitted their request for time extension to Ordinance No. 09 138. 12. June 25, 2021: Effective date of Change of Zone Ordinance No. 21 45 approved by the County Council to grant a five (5) year time extension (time to complete Condition D) until June 25, 2026. STATE AND COUNTY PLANS 13. State Land Use District: Urban. 14. General Plan LUPAG Map Designation: Industrial. 15. County Zoning: MCX-20. 16. 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. 17. 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 18. 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. 19. 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. 20. FIRM: Zone “X”, an area of minimal flood hazard. PUBLIC UTILITIES AND SERVICES 21. 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 4 ordinance requires all driveway connections to conform with Chapter 22, County Streets, of the Hawai'i County Code. 22. 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. DWS notes the water calculations support that the existing meter will be sufficient for the proposed development. 23. 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. 24. 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. 25. Essential Utilities and Services: Electricity, telephone and emergency services are available to the site. AGENCIES’ COMMENTS 26. Department of Health: (Planning Department Exhibit 2 – June 30, 2026 Memo). 27. Department of Water Supply: (Planning Department Exhibit 3 – July 22, 2026 Memo). AGENCIES - NO COMMENTS OR CONCERNS 28. Police Department. AGENCIES - NO RESPONSE 29. Department of Public Works-Engineering Division, Department of Environmental Management & Fire Department. PUBLIC COMMENTS 30. Letter from Michelle Brilhante Muir: (Planning Department Exhibit 4 – August 17, 2026). JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: June 30, 2026 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Amendment Application (PL-REZ-2026-000103) Amendment to Change of Zone Ordinance No. 21-45 (REZ-09-000097) Request: Amend Condition D to Allow a 7-Year Time Extension to Complete Construction Applicant: JP Automotive LLC TMK: 2-2-035:034, Waiākea, South Hilo, Hawaiʻi In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health “Standard Comments” regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Jeffrey W. Darrow June 30, 2026 Page 2 of 4 Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Jeffrey W. Darrow June 30, 2026 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program – The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation / Local DOH Comments: 1. According to HAR §11-26-35, No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. Jeffrey W. Darrow June 30, 2026 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. pF WATEg 9G- 191 149 moo, a: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`I NAwA;,•aP3 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808)961-8050 • FAX (808)961-8657 July 22, 2026 CON PLANNING DEPTJUL232028PH3: 7 TO: Mr. Jeffrey Darrow, Director Planning Department REC'D HAND DELIVERED FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Amendment Application (PL-REZ-2026-000103) Amendment to Change of Zone Ordinance No. 21-45 (REZ-09-000097) Applicant: JP Automotive LLC Request: Amend Condition D to Allow a 7-Year Time Extension to Complete Construction Tax Map Key 2-2-035:034 We have reviewed the subject request for a 7-year time extension to Condition"D" of Ordinance No. 21-45. Please be informed that the applicant has an existing 5/ 8-inch meter and the water calculations support that the existing meter will be sufficient for the proposed development. Therefore, we have no objections to the time extension request. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at (808) 961-8070, extension 255. Sincerely yours, Wktit4/1/613 Keith K. Okamoto, P.E. Manager-Chief Engineer RM:dfg copy— JP Automotive LLC Sidney Fuke Engineering Partners, Inc. Water, Our(Most Precious Resource . . . Ra Wai A Kane . . . The Department of Water Supply is an Equal Opportunity provider and employer. From: To: Planning WPC Testimony Subject: Testimony of Support - JP Automotive, LLC Hearing of Rezoning Time Extension Request Date: Monday, August 17, 2026 1:21:55 PM Aloha Windward Planning Commission, I am in receipt of a Notice of Submittal and Windward Planning Commission Hearing of Rezoning Time Extension Request for applicant JP Automotive, LLC, Waiakea Houselots, TMK 2-2-035-034. As owner of a building one lot away from this project, at the corner of Kanoelehua and Hualani, I am writing in support of you granting the requested extension. This much needed auto repair shop will be good for the neighborhood, as well as an asset for the people of Hilo and its economy. The building will be aesthetically pleasing, a nice addition to the street, and appropriate for the lot size and location. It will also have negligible impact to the surrounding area as there are many industrial type of uses located nearby. I especially appreciate the fact the owner is developing this project for use in their own business, rather than speculation. Mahalo for your consideration, Michelle Brilhante Muir Manager Terra 3, LLC