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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.