HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2026-000103/Amend REZ 09-000097)1
R.JPAutomotiveREZAmend
COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION REPORT
JP AUTOMOTIVE LLC (PL-REZ-2026-000103) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 21-45 (REZ 09-97)
Upon careful review of the request to amend conditions of Change of Zone
Ordinance No. 21-45, the Planning Director is recommending that a favorable
recommendation for a time extension to Condition D (Time to Complete Construction)
of Ordinance No. 21-45 be forwarded to the County Council. Since this recommendation
is made without the benefit of public testimony, the 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 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. Condition D
lapsed on June 25, 2026.
The non-performance of timed conditions 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 clearing and grading the property, water service installation, securing
Final Plan Approval, and securing a building permit. In addition, a grading permit
was obtained and completed, which included the structure's footings. The
applicant states that the delay in compliance with Condition D is due to
circumstances beyond his control, including design and development delays,
COVID-19-related disruptions, and securing a construction loan. Based on the
preceding, and considering that other ordinance conditions have been met or are
2
in good standing, the Director recommends amending Condition D to allow the
applicant an additional seven (7) years from the effective date of this amendment
to complete construction.
Granting the amendment 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 and amended Ordinance No. 21-45 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 proposed facility will not generate 50
or more peak hour vehicle trips that would require a Traffic Impact Analysis Report
(TIAR).
According to the Department of Water Supply (DWS), the subject property
is currently served with a 5/8” water meter and water calculations were submitted
to support that the existing meter will be sufficient for the proposed development.
The Planning Director recommends amending Condition B and deleting
Condition C to reflect completed DWS requirements.
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 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
onsite and shall not be directed toward any adjacent properties.
Granting the amendment would not be contrary to the General Plan,
Community Development Plan or Zoning Code.
Since the subject parcel was rezoned, there has not been any significant
land use regulatory change in this area. The subject property is designated
Industrial by the General Plan LUPAG Map which includes uses such as
manufacturing and processing, wholesaling, large storage and transportation
facilities, light industrial and industrial-commercial uses. The MCX zoning and
proposed use is compatible with evolving commercial and light industrial uses in
3
this area, which include Sherwin Williams Paint Store located on the adjacent
property to the east (zoned MCX-20) and Hirayama Brothers Electric located
directly across Kalanikoa Street on land zoned ML-10. Furthermore, even though
the Hilo Community Development Plan, which has not been updated since 1975,
identifies the area as Single-Family Residential (RS-10), this area is transitioning
to commercial and light industrial uses more in alignment with MCX zoning.
The proposed automotive repair facility will be developed in accordance
with the Zoning Code, including meeting the definition of “repair establishment,
minor,” which includes performance of all repair work within an enclosed structure
and excluding body/fender repair or frame straightening. Furthermore, the
applicant will be required to develop the property in compliance with the issued
Final Plan Approval, ensuring appropriate on-site parking, drainage, and
landscaping requirements will be met.
Since the most recent amendment to this ordinance, dwellings have
become an allowable use with a Use Permit. Based on the preceding the Planning
Director recommends adding a fair share condition to address the potential for
residential uses.
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.
Based on the preceding findings, the Planning Director recommends that
a favorable recommendation be forwarded to the County Council to amend
Ordinance No. 21 45. In addition, the Planning Director recommends that existing
conditions in the ordinance be revised to reflect the current standard language for
4
conditions of approval and to remove conditions that have been implemented. The
accompanying draft bill to amend Ordinance No. 21-45 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.
-1-
COUNTY OF HAWAI‘I STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO. (Planning Deparment)
AN ORDINANCE AMENDING ORDINANCE NO. 09-138, AS AMENDED, WHICH
RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL-COMMERCIAL MIXED – 20,000 SQUARE FEET (MCX-20) AT WAIĀKEA HOUSELOTS, WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY NO. 2-2-035:034.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 2 of Ordinance No. 09-138, as amended by Ordinance No. 21-45,
is hereby amended to read as follows:
“SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 (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”
-2-
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 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 HAWAI‘I
, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading:
Effective Date:
1
C.JPAutomotiveREZ
JP AUTOMOTIVE LLC (PL-REZ-2026-000103) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 21 45 (REZ 09-97) AMENDED CONDITIONS OF APPROVAL
A. The applicant(s), its successors or assigns (“Applicant”) 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] Applicant 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.]C. Construction of the proposed development shall be completed within [five
(5)] seven (7) years from the effective date of this amended ordinance.
The time during which required plans, reports, studies, or relevant permit
applications are under review for approvals by government agencies shall
not count towards the deadline established in the ordinance. To justify
this tolling, the applicant shall provide evidence of the excluded time
period to the planning department for its review and approval, which shall
consist of dates obtained from a government agency website, permitting
program, or office indicating when the required plans, reports, studies, or
permit applications were submitted, approved, denied, or returned by the
government agency.
2
[E.]D. All driveway connections to Kalanikoa Street shall conform to Chapter 22
(County Streets) of the Hawaiʻi County Code.
[F.]E. The [applicants] Applicant shall provide improvements to the 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.]F. Streetlights and traffic control devices, as may be required by the
Traffic Division, Department of Public Works, shall be installed by the
[applicants] Applicant.
[H.]G. All development generated runoff shall be disposed of on site and shall not
be directed toward any adjacent properties. 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.
[I.]H. The project shall connect to the existing County sewer line prior to the
issuance of a Certificate of Occupancy.
[J.]I. In the 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, the
[applicant] Applicant shall 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 work shall proceed
upon an archaeological clearance from DLNR-SHPD when it finds that
sufficient mitigation measures have been taken.
J. Should the Applicant(s) develop residential units on the subject property,
the Applicant(s) shall make its/their fair share contribution to mitigate the
potential regional impacts of the development with respect to parks and
recreation, fire, police, solid waste disposal facilities and roads for the
additional residential units to be created. The fair share contribution shall
become due and payable prior to receipt of Final Plan Approval and shall
be based on the actual number of additional residential units created. The
fair share contribution in the form of cash, land, facilities or any
3
combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after
the effective date of this ordinance, based on the percentage change in
the Honolulu Consumer Price Index (HCPI). The fair share contribution
shall have a combined value of $17,921.82 per single family residential
unit and $11,500.24 per multiple family residential unit. The total amount
shall be determined with the actual number of residential units according
to the calculation and payment provisions set forth in this condition. The
fair share contribution shall be allocated as follows:
1. $8,642.22 per single family residential unit and $5,672.74 per
multiple family residential unit to the County to support park and
recreational improvements and facilities;
2. $416.90 per single family residential unit and $179.29 per multiple
family residential unit to the County to support police facilities;
3. $823.43 per single family residential unit and $551.51 per multiple
family residential unit to the County to support fire facilities;
4. $360.51 per single family residential unit and $245.81 per multiple
family residential unit to the County to support solid waste facilities;
and
5. $7,678.76 per single family residential unit and $4,850.89 per
multiple family residential unit to the County to support road and
traffic improvements.
In lieu of paying the fair share contribution, the Applicant may contribute
land and/or construct improvements/facilities related to parks and
recreation, fire, police, solid waste disposal facilities and roads within the
region impacted by the proposed development, subject to the review and
recommendation of the Planning Director, upon consultation with the
appropriate agencies and approval of the County Council pursuant to
Section 2-162.1(a) of Hawai‘i County Code.
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.
4
L. To ensure that the Goals and Policies of the Housing Element of the
General Plan are implemented, the Applicant shall comply with the
requirements of Chapter 11, Article 1, Hawai‘i County Code relating to
Affordable Housing Policy. This requirement shall be approved by the
Administrator of the Office of Housing and Community Development as
evidenced by an executed and recorded affordable housing agreement
which shall be provided to the Planning Department by the Applicant prior
to Final Plan Approval or Final Subdivision Approval. Fair share
requirements under Condition J shall be conditionally waived for affordable
housing units or lots, if the Applicant executes an affordable housing
agreement to provide fifty (50) to one hundred (100) percent of the
development as affordable housing units or lots. If the affordable housing
units or lots are not produced and sold or rented in accordance with the
affordable housing agreement, any fair share requirements under
Condition J that were waived will become due and payable.
[L.]M. The applicants shall comply with all County, State and Federal laws, rules,
regulations and requirements.
N. An initial extension of time for the performance of conditions within this
ordinance may be requested in accordance with Section 25-2-44,
subsections (c) and (d), of the Hawaiʻi County Code.
[M.]O. [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.] If any conditions have not been completed by the
deadline, or if a time extension request has not been submitted in
accordance with section 25-2-44(c), the Planning Department shall inform
the Applicant that the ordinance is null and void without further action by
the County. In that event, the zoning designation of the property(s) affected
by the ordinance shall automatically revert to its immediate prior zoning
designation.