HomeMy WebLinkAboutCOM 0526.000 2010-2012William P. Kenoi
Mayor
December 21, 2011
County of Hawai i
25 Aupuni Street • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawaii 96740
(808) 323 -4444 • Fax (808) 326 -5663
Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Change of Zone Ordinance No. 95 98 (REZ 800)
Applicant: Renaissance Development, LLC
Request: Amendment to Condition B
Tax Map Key: 1 -6- 003:010
Change of Zone Application (REZ 11- 000146)
Applicant: Takata Dental Health Center, Inc.
Request: RS -10 to RCX -20
Tax Map Key: 2 -2 -03 8:028
Initiator: County Council
Bill No. 90 Proposing the Amendment to Chapter 25, Article 1 and Article 5 of
The Hawai`i County Code 1983 (2005 Edition, As Amended), Relating to Zoning
District Regulations for Crematoriums, Funeral Homes, Funeral Services, and Mortuaries
'Change of Zone Application (REZ 11- 000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS -10 to CV -10
Tax Map Key: 1 -8- 002:064
William T. Takaba
Managing Director
Wally Lau
Deputy Managing Director
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 Commissions' letters and enclosures regarding the
above - referenced requests.
Sincerely
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
C 6111 16 (3)
Hawaii County is an Equal Opportunity Provider and Employer
Comm. No, S2(C
Ref. To; C
Ref. Date _ DEC 2 9 1011
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720
Phone (808) 961 -8288 • Fax (808) 961 -8742
4411EC 7 1 2011
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Change of Zone Application (REZ 11- 000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS -10 to CV -10
Tax Map Key: 1 -8- 002:064
The Windward Planning Commission, after a duly held public hearing on December 1, 2011,
voted to recommend for your approval the proposed legislative bill for a Change of Zone from
the Single - Family Residential — 10,000 square feet (RS -10) to Village Commercial — 10,000
square feet (CV -10) zoned district for approximately 13,784 square feet of land. The property is
located on the northeast corner of Highway 11 and Nichols Road, Ola`a, Puna, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicants request a change of zone from RS -10 to CV -10 to establish an
approximately 1,800- square foot automobile repair shop; parking to be provided on -site.
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.
Hawai`i County is an Equal Opportunity Provider and Employer
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
The Change of Zone request from a Single - Family Residential (RS -10) to the
Village Commercial (CV -10) zoned district will conform to the goals, policies and
standards of the General Plan and Puna Community Development 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.
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 form for areas within the County. Under the Director's interpretation, the
project area is designated Medium Density Urban on the LUPAG Map. Thus, the
requested zoning would be consistent with the LUPAG Map. However, conditions of
approval will be included to minimize the impact and provide appropriate supporting
facilities and infrastructure for commercial -zoned properties.
Stated goals and policies of the General Plan Land Use Element for Puna
encourage the concentration of commercial uses within an established commercial core.
Similarly, the Puna CDP seeks to direct future commercial growth in an area identified as
a "Preliminary Village Center Boundary" (Figure 5 -5, page 5 -12 in the Puna CDP).
Mountain View currently has a commercial zoned area encompassing roughly three acres,
with the "Preliminary Village Center Boundary" identified on both sides of Highway 11
in an area generally bordered by Nichols Road and the Mountain View Elementary
School. The subject property is situated near the southwestern point of this boundary on
Nichols Road, within the confines of the Mountain View Community Village Center.
The applicants propose access from Nichols Road and not Highway 11, and thus is
consistent with a the general design and use criteria for community villages centers in
Table 5 -1, page 5 -7 of the Puna CDP which encourages no direct access to Highway 11.
The request is also consistent with Section 3.1.1c (Goals) of the Puna CDP which
states "services and community facilities are more accessible ill village /town centers that
are distributed throughout the region, including the underserved subdivisions that have
been experiencing higher levels of development growth." It is also consistent with
Section 3.1.2c (Objectives), "enhance the role of existing and new village /town centers by
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 3
allowing expanded commercial uses, facilitating the development of farmers markets and
community gathering places, opportunities for special needs housing, and infrastructure to
support more compact development form and multi -modal travel."
The proposed change of zone would conform to the goals of the General Plan and
portions of the Puna CDP as it complements the existing nearby commercial land uses
and provides for an orderly development of the area. However, since the proposed use
would be situated along Nichols Road that is still predominantly residential, conditions of
approval will be recommended to mitigate the potential adverse effect to nearby
residences as well as to provide infrastructural support typical of commercial -zoned
properties.
A condition of approval will be included to provide improvements to Nichols
Road to a reasonable extent to support the commercial activities upon the subject
property and mitigate significant adverse impacts upon adjoining properties. While
commercial roadway standards will normally require a minimum pavement width of 24
feet with 7 -foot wide sidewalks and curb and gutter improvements, all within a 60 -foot
wide right -of -way, the somewhat limited extent of potential commercial uses along
Nichols Road as envisioned by the Puna Community Development Plan would suggest
that more reasonable application of roadway improvements be incorporated as part of this
favorable recommendation. Therefore, it is recommended that Nichols Road be
improved with a minimum commercial- standard pavement of 18 feet with 5 -foot wide
paved shoulders with 7 -foot wide paved drainage swale up to and including the driveway
access to the subject property, including any intersection improvements required by the
State Department of Transportation.
A condition will also be included to obtain written approval from the owner of
Nichols Road to make the necessary improvements. Both conditions will be required to
be satisfied prior to the commencement of operations.
The property is currently zoned RS -10 and adjacent properties are zoned RS -10.
There is a single- family dwelling immediately adjacent to the property to the northeast
(towards Hilo) and northwest. CV -zoned properties are located further east (towards
Hilo) of the site. Across Nichols Road to the west (towards Volcano) is a property owned
by Hawaiian Telcom, improved with a maintenance building and zoned Limited
Industrial (ML -20). Properties across Highway 11 are zoned RS -20 and in commercial or
residential uses. The landowner immediately adjacent to the property to the west, as well
as another landowner across Highway 11 has expressed objections to the request.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 4
All essential utilities and services are available to the site. County water is
available to the site. The property currently utilizes a septic system. Solid waste will be
disposed of at appropriate sites designated by the Department of Environmental
Management. All essential utilities are available to the project site.
Access to the property is from Highway 11 to Nichols Road, a private road owned
by Continental Pacific, LLC. The applicant has indicated that the property may "also be
accessed off the highway via Pszyk Road then Nichols Road." Although it would not be
possible to monitor traffic to the property from Pszyk Road, this is highly discouraged, as
the portion of Nichols Road not fronting the property is narrow and unpaved, and would
not serve as a suitable or compliant access for a commercial development.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The project site is located within Zone
"X ", areas determined to be outside the 500 -year floodplain. All development generated
storm run -off shall be disposed of on -site and not allowed onto adjacent properties or
roadways.
As the property is already developed with a single - family dwelling, no formal
archaeological study was conducted. By email dated June 30, 2011, the applicants
requested a letter of "no effect" from the DLNR -HPD. Likewise, no professional flora or
fauna surveys were conducted of the site, as the property is improved. The property is
located in an urban setting in an area with single- family residential as well as some
agricultural uses. Given the urban nature of the surrounding area, the presence of any
endangered species is remote.
The project site 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 ", an area determined to be outside the 500 -year floodplain. All development
generated storm run -off will be disposed of on -site and not allowed onto adjacent
properties or roadways.
This favorable recommendation is made with the understanding that the applicants
remain responsible for complying with all other applicable governmental requirements in
connection with uses permitted within the CV -zoned district, prior to its commencement
or establishment upon the subject property. Additional governmental requirements may
include the issuance of building permits, the installation of approved wastewater disposal
systems, compliance with the Fire Code, installation of improvements required by the
American with Disabilities Act (ADA), among many others. Compliance with all
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 5
applicable governmental requirements is a condition of this favorable recommendation;
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 above findings, approval of this change of zone request from a
Single - Family Residential (RS -10) to a Village Commercial (CV -10) zoned district
would result in an appropriate land use pattern that will further benefit the public
necessity and convenience and the general welfare.
For your favorable consideration, an amendment to Section 25 -8 -23 (Mtn View Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition) is
transmitted.
We are enclosing copies of the staff Background, Planning Director's Revised Recommendation,
transcripts of the November 3, 2011 and December 1, 2011 hearings, and the Powerpoint
presentation for your information.
Zendo Kern, Chairman
Windward Planning Commission
Lsouzamullikenrez 11- 143wpc2
Enclosures
cc: Ms. Aubrey Summers
Donny Souza & Melissa Mulliken
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources -HPD
DOT - Highways, Honolulu
Amy Self, Esq., Corporation Counsel
Comm. 526/Bill 168
B SouMuIREZ. doc -10/4/ 11
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
DONNY SOUZA and MELISSA MULLIKEN
CHANGE OF ZONE APPLICATION (REZ 11 -143)
DONNY SOUZA and MELISSA MULLIKEN have submitted an application for a
Change of Zone from Single - Family Residential - 10,000 square feet (RS -10) to Village
Commercial - 10,000 square feet (CV -10) for approximately 13,785 square feet of land. The
property is located on the northeast corner of Highway 11 and Nichols Road, Olaa, Puna,
Hawai `i, TMK: 1 -8 -002: 064.
PROPOSED ACTION
1. Request: Change of Zone from Single - Family Residential - 10,000 square feet (RS -10)
to Village Commercial - 10,000 square feet (CV -10) to establish an approximately 1,800 -
square foot automobile repair shop; parking to be provided on -site. Estimated
construction cost is $30,000. (Planning Department Exhibit 1 - Change of Zone
application)
OTHER INFORMATION
2. Proposed CV zoning: (P.D. Exhibit 2 - Chapter 25, Zoning Code, Division 12,
relating to Village Commercial districts)
STATE AND COUNTY PLANS
3. State Land Use Designation: Urban.
4. GP LUPAG Map: Low Density Urban.
5. County Zoning: RS -10.
6. Puna Community Development Plan: Consistent with portions of the Puna CDP
approved by Ordinance No. 08 116 on September 10, 2008. The project site is situated
within the preliminary boundaries of the Mountain View Community Village Center.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
7. Project Site: Improved with a newly constructed (2011) two -story single - family
dwelling and landscaped, with low rock wall around the perimeter; applicants will
continue to reside in the dwelling.
8. Surrounding Zoning/Land Uses: Adjacent properties are zoned RS -10. There is a
single - family dwelling immediately adjacent to the property to the northeast (towards
Hilo) and northwest. CV -zoned properties are located further east (Hilo side) of the site,
across Old Volcano Road. Across Nichols Road to the west/southwest (towards
Volcano) is a property owned by Hawaiian Telcom, improved with a building,
unoccupied and zoned ML -20. Properties across Highway 11 are zoned RS -20 and in
residential uses.
9. ALISH: Unclassified.
10. Land Study Bureau's Detailed Land Classification System: Unclassified.
11. FEMA: Zone "X ", areas determined to be outside the 500 -year flood plain.
12. Flora/Fauna Resources: No formal flora/fauna study was submitted.
13. Archaeological Resources: No archaeological survey was submitted. Letter of "no
effect" from the DLNR -HPD requested on April 29, 2011. No response from DLNR-
HPD received as of this writing.
14. Cultural or Native Gathering Rights: No traditional and customary Native Hawaiian
rights are being practiced on the site.
15. Public Access: None.
16. Traffic: Per the Department of Transportation, the proposed project shall use Nichols
Road as the designated access to the property, and no parking will be allowed on the
State Highway. In their memo dated August 31, 2011, the DOT states their concern for
"spot" type rezoning and the cumulative traffic impacts of these zone changes adversely
impacting their State highway facilities, and requests the Planning Department closely
monitor the increase in development of residential to commercial uses. The DOT has
suggested imposing a condition requiring developers /property owners to participate in
cost sharing arrangements for necessary roadway mitigation measures on their State
highways.
PUBLIC UTILITIES AND SERVICES
17. Access: Access is from Nichols Road, a private roadway owned by Continental Pacific,
LLC. The site plan appears to indicate another roadway connection to Old Volcano
Road. However, Old Volcano Road at this portion is overgrown with vegetation and not
accessible.
-2-
18. Water: County water.
19. Wastewater: Septic system.
20. Solid Waste: Glenwood and Kea'au transfer stations.
21. Essential Utilities and Services: All essential utilities are available to the property.
AGENCIES' COMMENTS
22. Department of Public Works: P.D. Exhibit 3 - August 24, 2011 memo
23. Department of Water Supply: P.D. Exhibit 4 - September 1, 2011 memo
24. Police Department: P.D. Exhibit 5 - August 10, 2011 memo
25. Fire Department: P.D. Exhibit 6 - August 2, 2011 memo
26. Department of Environmental Management: P.D. Exhibit 7 - August 1. 2011 memo
27. Office of Housing and Community Development: P.D. Exhibit 8 - August 4, 2011
memo
28. Department of Health: P.D. Exhibit 9 - August 3, 2011 memo
29. DLNR Land Division: P.D. Exhibit 10 - August 24, 2011 letter
30. Department of Transportation: P.D. Exhibit 11- August 31, 2011 letter
AGENCIES AND ORGANIZATIONS - NO RESPONSES
31. DLNR Historic Preservation Division
APPLICANT'S RESPONSES TO AGENCIES' COMMENTS
32. None as of this writing.
PUBLIC COMMENTS
33. P.D. Exhibit 12 - September 30, 2011 letter and attachments from Susan Snyder
Langer, William Langer, and Florence Snyder who reside adjacent to the project
site, on TMK: 1 -8 -002: 045
r
Change of Zone Application
Applicants: Donny Souza and Melissa Mulliken
RS-10 to CV-10
TMK-(3) 1-08-002:064
Planning Dept.
Exhibit /
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
May 23, 2011
To whom it may concern:
TMK: (3) 1 -8- 002:064
Donny Souza and Melissa Mulliken have retained the services of Aubrey Summers, Architect to act on
their behalf for an application for a Change of Zone. Any and all questions regarding the application
may be forwarded to Aubrey Summers. We have authorized her to act on our behalf concerning any
inquiries that may arise.
Aubrey Summers, Architect
P.O. Box 1599
Pahoa, HI 96778
938 -2817
aubreysummers @yahoo.com
Melissa Mulliken
(1\22\
Date
Donny Souza
ArAtk
Date
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Donny Souza and Melissa lliken
APPLICANT'S SIGNATURES: .1 DATE: tOAtl
APPLICANT'S SIGNATURES: DATE: kAraktt
ADDRESS: 18 -1354 Nichols Rd. Mt. View, HI 96771
MAILING ADDRESS: P.O. Box 11289, Hilo HI 96721
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.) (Fax)
LANDOWNER(S): Donny Souza and
LANDOWNER SIGNATURE(S): ���,` DATE: *-g2. //
Nw
LANDOWNER SIGNATURE(S): '1"- DATE: Wa2R- -/ /i
LANDOWNER(S) ADDRESS: 18 -1354 Nichols Road., Mt. View HI 96771
sa Mulliken
REQUEST: RS -10 TO CV -10
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 1 -08- 002:064
STREET ADDRESS OF PROPERTY: 18 -1354 Nichols Road Mt. View Hi 96771
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 13,784 sq. ft.
AGENT: Aubrey Summers, Architect
ADDRESS: P.O. Box 1599 Pahoa HI 96778
TELEPHONE:(Bus.) 808 - 938 -2817 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Land owner
COPIES: agent
ATTACHMENT
Residential Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
If your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone?
if yes, please answer the rest of question 1 and then to
question 3.
a.
How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
d. Do you intend to build houses on the newly created
lots
if yes, please answer the following questions:
on how many of those lots?
At what approximate price range? House
Lots
Total
Approximately how long, after approval of
the subdivision, would the first house be
available for occupancy?
If you intend to subdivide, please submit a
preliminary schematic subdivision plan together
with your change of zone application form.
2. If you have no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans
b. Sell or lease the land to someone who has tentative
plans
No
No
c. Sell or lease the land to someone who has no plans? No
d. Keep it?
e. other (please state)
f.
Yes
If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3, Do you think that your request and your further plans
for the land will alleviate the local housing situation? No
How?
No additional housing is proposed.
4. Are there any buildings on the subject area?
If so, what kind?
Yes
A single family residence.
what do you intend to do with those buildings if your
request is approved?
Continue living in the residence with my family.
5.
Is the subject land currently being used for any
agricultural activity?
If so, please list the kinds of products grown and on
how many square feet or acres of land per product.
No
6. To your knowledge, has there been any flooding and /or
drainage problem on the subject area?
If so, please describe the problem.
No
7. Do you think that the roads leading to the subject area
needs improvement?
If so, what kind?
No
Is the road adequate for the proposed traffic volume
or load?
8. What sort of governmental assistance and /or improvements
do you feel will be needed in the subject area when
developed?
ye
a. Schools
b. Roads
c. Sewer
d. Drainage
e. police Protection
Yes
6337A/50A
P.D. 5/84
Yes
f. Fire Protection
g Recreational Facilities
h. Public Utilities
i, other
For those checked "yes," please elaborate what type or kinds of
improvements and /or assistance are needed.
Signature:
Address: ? Ill `1l
Telephoner 1 WI m it
`t) GIca 22 or (u) )19 325
Date: kok k
-4-
Background Report and Environmental Report
For The
Application for a Rezoning Request (RS -10 to CV -10)
TMK: (3) 1 -8- 002:064
Applicants: Donny Souza and Melissa Mulliken
A. SUBJECT REQUEST
1. Details of Proposed use
The applicants, Donny Souza and Melissa Mulliken, are the owners of the subject parcel that
constitute this zoning application. Lot :064 is 13,784 square feet. The applicants would like to
rezone their property so they_ can build a car repair shop next to their home.
The proposed shop will be 1,800 square feet. They plan on enlisting the help of friends and family
to help them with construction which should take 3 months for construction after rezoning and all
applicable permits are acquired. They believe that with the help of their friends and family they can
build their proposed shop for $30,000.00.
Donny and Melissa plan on running a small family auto repair business. Parking will be provided on
site, with access off of Nichols Road, which is a private road. Their parcel is directly adjacent to
Highway 11 with a right and left turn from the Highway onto Nichols Street. North Pyzsak Road will
be utilized for left hand turning onto the highway.
B. CONFORMANCE WITH STATE AND COUNTY PLANS
2. State Land Use designation: Urban
3. Chapter 205A, Coastal Zone Management: The proposed rezoning would not be contrary to
concerns of the Coastal Zone Management as it would not interfere with public access to the
shoreline, scenic and open space resources since it is approximately ten miles inland from the
coast.
4. Applicable goals and policies of the General Plan: The proposed re- zoning is consistent with the
following goals, policies, and objectives of the General Plan.
Aubrey Summers met with Larry Brown of the Planning Department on June 2, 2011 to discuss the
General Plan and the Puna CDP to verify that the proposed rezoning is consistent with both
documents. After review of the site and proposed building plan Larry concluded that this rezone
was consistent with the General Plan.
5. General Plan Designation (LUPAG Map): The General Plan Land Use Allocation Guide Map
(LUPAG) designates the parcel part of the parcel "Medium Density Urban" and rest of the parcel
"Low Density Urban ".
6. Zoning: The parcel is currently zoned RS -10 with an industrially zoned parcel across Nichols street
and a three acre commercial zone to the Makai side of the parcel.
7. Community Development Plan: The Puna Community Development Plan, (Puna CDP) designates
the parcel within the village center boundary. The CDP has focused the village center on this
existing core of commercially and industrially zoned parcels. Per discussion with Larry Brown of the
Annlinafinn fnr a Rp7nnina Rpnupcf IRS -1f1 fn CV.1n1 TMK• i'1 l_R_nn ')•fR&
Planning Department this use is consistent with the CDP.
8. Special Management Area: The subject parcel is outside the County's adopted Special
Management Area. No SMA permits are required.
C. CONFORMANCE WITH STATE AND COUNTY PLANS
9. Description of Subject Property: The parcel is located on Highway 11 and Nichols Road. The
parcel is flat with modest landscaping around the existing residence.
10. Lava Hazard Zone: The United States Geological Survey classifies the Mountain View area,
including the subject parcel, as Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 -1.
11. Distance from Coastline: The parcel is approximately ten miles from the coast line.
12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: There is no ALISH
designation for this parcel.
13. U.S.D.A Natural Resources Conservation Services Soil Service Report soil type: Soils are classified
as well drained silty clay loams. The slopes are less than 10% and the surfaces are not stony. The
surface soil of silty clay loam is about 16 inches thick it is over about 9 inches of subsoil which
covers Aa lava. Permeability is rapid, runoff is slow.
14. Land Study Bureau Soil Rating: "N" not classified as parcel is in the Urban District.
15. Flood Insurance Rate Map (FIRM) designation: X, Areas determined to be outside the 500 year
floodplain.
16. Existing drainage ways or improvements: There are no significant drainage ways that adversely
affect the parcel.
17. Air /noise /water quality: In general the ambient air quality of the subject parcel meets all federal and
state standards as evidenced by its designation as an "attainment" area by the State Department of
Health, Clean Air Branch. Due to volcanic eruptions the Mountain View is subject to voggy
conditions when the tradewinds are not blowing. The proximity to the highway creates a constant
noise from the cars passing by. The parcel is supplied with a 5/8" water supply and meter by the
Department of Water Supply.
18. Historic and Cultural Resources: There are no historically significant features on the subject parcel.
No reply has been received to an email sent to the Department of land and Natural Resources,
SHPD, on April 21, 2011. (Attached)
19. Natural Resources: Due to its proximity to the highway and the fact that the lot was cleared for
previous development, there do not appear to be any endangered flora or fauna.
20. Scenic or coastal resources: The parcel's distance from the shoreline and its proximity to the
highway preclude any coast resources.
21. Native Hawaiian Rights: There do not appear to be any native Hawaiian customs performed in the
vicinity of the parcel. I
22. Public Access: No public access or trails have been identified on the subject parcel or in its vicinity.
23. Social settlement patterns for the area: Mountain View is a small "village center" encompassed by
the remaining Plantation infrastructure of the Olaa Sugar created for its workers, including A.J. Watt
Gym, a historical Theater and a variety of small stores in the commercial center. Based on data
obtained by talking with long time residents of the area the present site was occupied by a ferriers
and metal shop, many horse shoes were found on the site during construction of the single family
residence to support this information.
24. Economic resources for the area: The CDP has proposed that more people living within Mountain
View work within the area and are promoting the growth of the village core with this goal in mind. At
this time most people commute to Hilo for work.
25. Land Values: The land values vary from $50,000.00 for empty lots to well over $500,000.00 for
agricultural parcels with established crops and homes.
26. Land Use: The area is varied with Hawaiian Telcom, AJ Watt Gym, Waters of Life Charter School
and a variety of small shops within walking distance.
27. Zoning: The parcel across Nichols Street is MV -20, with CV-10 Makai side of the parcel and a
variety of AG and R -10 and R -20 nearby.
D. CONFORMANCE WITH STATE AND COUNTY PLANS
28. Access: Access to site is from Nichols Road which feeds onto Highway 11. The site may also be
accessed off the highway via Pyzsak Road then Nichols Road.
29. Water: County water is provided to residence.
30. Sewage Disposal: A septic system is on site.
31. Solid Waste: Glennwood and Kea'au transfer stations are near.
32. Schools: Mountain View Elementary and Charters of life are both within walking distance.
33. Parks: Mt. View Park is across the highway from the subject parcel.
34. Utilities: Telephone and Electricity are provided to the residence.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
35. Relationship between local short term uses of environment and maintenance and enhancement of
long term productivity: The change of zoning for the parcel would allow for a business within the
designated Urban Village which furthers the goals of the CDP by creating jobs within the village
center.
36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact. Building and Zoning
code requirements will be followed to ensure that the proposed building adheres to all requirements
including all zoning and building codes.
37. Alternative to the proposed development: None.
38. Irreversible and irretrievable commitments of natural resources that would be involved if proposed
action implemented. Because the proposed structure will utilize wood and metal the components
can be recycled at a time when the building no longer serves its purpose.
ADDlication for a Rezonina Reauest (RS -10 to CV -101 TMK: (31 1- R- 0021064
PROJECT
VICINITY - - --
HILO
HAWAIIAN
PARADISE
PARK
LOCATION MAP
I HAWAIIAN
H. ACRES
NOT TO SCALE
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HIGHWAY 11
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SITE PLAN A.J. WATT
NOT TO SCALE GYM
DONNY SOUZA
MELISSA MUWKEN TMK (3) 1 -8- 002:064
APPLICATION FOR ZONING CHANGE FROM RS -10 TO CV -10
POST
OFFlCE
11
SIT. VIEW
PARK
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•
HIGHWAY II
101 -0'
SETBACK
LINE
PLOT PLAN
DONNY SOUZA
MELISSA MULLIKEN TMK (3) I —S- 002:064
APPLICATION FOR ZONING CHANGE FROM R5—IO TO CV—I0
REZONE DESCRIPTION
LOT C
LAND SITUATED AT OLAA, PUNA,
ISLAND OF HAWAII, HAWAII.
BEING A PORTION OF GRANT 4053 TO W. WOLTERS.
BEING ALSO A PORTION OF OLAA RESERVATION LOTS.
Beginning at the northeast corner of this parcel of land and on the southwesterly side of
Old Volcano Road, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "OLAA ", being 18,195.43 feet South and 18,479.17 feet West, thence
running by azimuths measured clockwise from true South:
1. Along Old Volcano Road on a curve to the left with a radius of 102.00 feet, the chord
azimuth and distance being:
309° 30' 12" 33.75 feet;
2. 1° 59' 30" 12.70 feet along the remainder of Grant 4053 to W.
Wolters;
3. 37° 11' 57.43 feet along same;
4. 51° 39' 18.48 feet along same;
5. 320° 35' 97.14 feet along same;
6. Thence Along Volcano Road, F. A. P. No. F -2(4) on a curve to the right with a radius of
1,869.86 feet, the chord azimuth and distance
being: 51° 49' 71.31 feet;
7. Thence along Nichols Road on a curve to the right with a radius of 20.00 feet, the chord
azimuth and distance being:
99° 17' 17" 28.96 feet;
8. 145° 40' 124.59 feet along Nichols Road;
9. 275° 01' 30" 20.50 feet along the remainder of Grant 4053 to W.
Wolters;
10. 237° 42' 30" 44.61 feet along same;
Rezone Description
Lot C
Page 1 of 2
11. 231° 39'
12. 217° 11'
13. 181° 59' 30"
14. 228° 56'
.A\4.. A. S
35.71 feet along same;
44.11 feet along same;
20.75 feet along same;
4.38 feet along same to the point of beginning and
containing an area of 13,784 Square Feet.
'9\
LICENSED
PROFESSIONAL y
LAND
* SURVEYOR
No.13717
11/
AIiUS�
Tax Map Key: 3rd Div. 1 -8 -02: 64
Wayne A. jaf5Ica, Jr.
Licensed Professional Land Surveyor
Certificate No. 13717 Exp. April 2012
Rezone Description
Lot C
Page 2of2
Ts 11+ K.n 1a Olo. 1-4-08 M
Job Ib..b.n 10-13
9,
Madly Yap
Ile1 1. T.1.
Rezone Map
Lot C
Land situated at Olaa, Puna,
Island of Hawaii. Hawall.
Being a portion of Grant 4053 to W. Wolters
Being also a portion of Olaa Reservation Lots.
Donny Dob 544130
MallOO AMMO YW99..
P.O.
P.O. Ow 11289
MK Omni 98721
® 111 0. and Associates, Ina.
Inc. 171 Ko.4b. 1
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1Mw J,A 10.1. 1011117
Souza/MUlliken zone change request
#
TMK
Last Name
First Name
Street Address
City
State
Zip
Zoning
1
318002005
Yamauchi
Rodney & Melinda
239 Kapualani St.
Hilo
HI
96720
Re s
2
318002006
Roman Catholic
Church
Svc.
PO Box 3170
Honolulu
HI
96802
3
318002010
Helenihi
Tina Marie
PO Box 217
Kurtistown
HI
96760
Com
4
318002011
Ueyama
Trust of Tsugio &
Jane
Svc.
PO Box 3170
Honolulu
HI
96802
Com
5
318002013
Hawaiian Tel Com
PO Box 2200
Honolulu
HI
96841
Ind
6
318002020
Kawamoto
Corey
1055 Komohana
Hilo
HI
96720
Com
7
318002044
Caldeira
J. Blaise & Pamela
PO Box 5203
Hilo
HI
96720
Res
8
318002045
Langer
Susan
PO Box 733
Mt. View
HI
96771
Res
318002045
Langer
William
PO Box 733
Mt. View
HI
96771
Res
318002045
Snyder
Florence
PO Box 733
Mt. View
HI
96771
Res
318002045
Snyder
Robert
PO Box 733
Mt. View
HI
96771
Res
9
318002046
Ward
Dina Marla
PO Box 1174
Mt. View
HI
96771
Res
10
318002049
County of Hawaii
25 Aupuni St.
Hilo
Hi
96720
Res
11
318002050
Pacheco
Dominic and Natalie
PO Box 168
Mt. View
HI
96771
Ag
12
318002051
Pacheco
Dominic and Natalie
PO Box 168
Mt. View
HI
96771
Ag
13
318002059
Anderson
Rosaline
PO Box 326
Mt. View
HI
96771
Res
318002059
Pasalo
Agaton
PO Box 326
Mt. View
HI
96771
Res
318002059
Pasalo
Felicidad
PO Box 326
Mt. View
HI
96771
Res
318002059
Pasalo
Leroy
PO Box 326
Mt. View
HI
96771
Res
318002059
Pasalo
Peter
PO Box 326
Mt. View
HI
96771
Res
318002059
Weidenbach
Estralita
PO Box 326
Mt. View
HI
96771
Res
14
318002060
Olivera Family Trust
C/0 Rose Torress
PO Box 62
Mt. View
HI
96771
Res
15
318002065
Langer
Susan and William
PO Box 733
Mt. View
HI
96771
Ag
16
318004104
Sciuto
Michael & Maryetta
PO Box 367
Makawao
HI
96768
Ag
17
318004105
Thompson
Roy & Phoebe
PO Box 7001
Hilo
Hi
96720
Ag
18
318005101
Priest (monk)
Bang San Ho Temple
PO Box 787
Mt. View
HI
96771
Ag
William P. Kenoi
Mayor
County of Hawaii
DEPARTMENT OF FINANCE - REAL PROPERTY TAX
Aupuni Center • 101 Pauahi Street • Suite No. 4 • Hilo, Hawaii 96720 -4679 • Fax (808) 961 -8415
Appraisers (808) 961 -8354 • Clerical (808) 961 -8201 • Collections (808) 961 -8282
West Hawaii Civic Center • 74 -5044 Ane Keohokalole Hwy. • Bldg. D, 2nd Flr. • Kailua Kona, Hawai`i 96740
Fax (808) 327 -3538 • Appraisers (808) 323 -4881 • Clerical (808) 323 -1880
REAL PROPERTY TAX CLEARANCE
(Rev. 07/99)
Date: June 14, 2011
TMK(s): (3) 1 -8- 002 - 064 -0000
This is to certify that the real property taxes due to the County of Hawaii
on the parcel(s) listed above have been paid for the tax year 2010 -2011,
up to and including June 30, 2011.
The County of Hawai`i's real property taxes are levied on July 1st each year.
The taxes become a lien on the property assessed as of the levy date.
Nancy E. Crawford
Finance Director
This clearance was requested on behalf of SOUZA,DONNY &
MULLIKEN,MELISSA (owners of record), for the County Planning Department
and is issued for the above referenced parcel(s) only.
By:
Wesley Mundon, Tax Clerk
REAL PROPERTY TAX DIVISION
PAID UP TO AND INCLUDING June 30, 2011
Hawai `i County is an Equal Opportunity Provider and Employer
Deanna S. Sako
Deputy Director
Print ' Page 1 of 1
Print - Close Window
Subject:TMK (3) 1 -8- 002:064 no effect request
From: Aubrey Summers (aubreysummers @yahoo.com)
To: Theresa.K.Donham @hawaii.gov;
Cc: aubreysummers @yahoo.com;
Date: Fri, 29 Apr 2011 11:57:20
4/29/11
RE: TMK (3) 1 -8- 002:064 change of zone application
Hello Theresa,
I am helping out some friends with his application for zoning change. He is a mechanic with a house in the Mountain
View area on the highway and wants to build a repair shop on his parcel. The area is zoned low urban density and was
established as a plantation town in the 1920's Most recently the lot was cleared for the construction of his home last
year, though it appears to have been cleared decades ago. There does not appear to be anything on the lot that could be
considered of archeological interest.
We need a letter of "no effect" for his application and hoped you could provide one for us.
I am the applicant for the application.
The owners are Donny Souza and Melissa Mulliken
Thank you for your help.
Sincerely,
Aubrey Summers, Architect
PO Box 1599
Pahoa HI 96778
808 - 938 -2817
aubreysummers @yahoo.com
(My day job is with the Department of P &R and we met at Kahakai Park last year)
§ 25 -5 -120 HAWAI`I COUNTY CODE
Division 12. CV, Village Commercial Districts.
Section 25 -5 -120. Purpose and applicability.
The CV (village commercial) district provides for a broad range or variety of commercial and light
industrial uses that are necessary to serve the population in rural areas where the supplementary support of the
general business uses and activities of a central commercial district is not readily available.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -121. Designation of CV districts.
Each CV (village commercial) district shall be designated by the symbol "CV" followed by a number
which indicates the minimum land area, in number of thousands of square feet, required for each building site.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25 -4 -7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25 -4 -11.
(14) Convenience stores.
(15) Crop production.
(16) Day care centers.
(17) Dwellings, double - family or duplex, provided that the maximum density shall be one thousand two
hundred fifty square feet of land area per rentable unit or dwelling unit.
(18) Dwellings, multiple - family, provided that the maximum density shall be one thousand two hundred
fifty square feet of land area per rentable unit or dwelling unit.
(19) Dwellings, single - family.
(20) Family child care homes.
(21) Farmers markets. When the vending activity in a farmers market involves more than just the sale of
local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for
more than two days a week, the director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined appropriate to ensure its
compatibility with the existing character of the surrounding area.
(22) Financial institutions.
(23) Group living facilities.
(24) Home occupations, as permitted under section 25 -4 -13.
25 -74
Planning Dept.
Exhibit a--
ZONING § 25 -5 -122
(25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses.
(26) Hotels, when the design and use conform to the character of the area, as approved by the director.
(27) Laboratories, medical and research.
(28) Lodges.
(29) Manufacturing, processing and packaging light and general, except for concrete or asphalt products,
where the products are distributed to retail establishments located in the immediate community, as
approved by the director.
(30) Medical clinics.
(31) Meeting facilities.
(32) Model homes, as permitted under section 25 -4 -8.
(33) Mortuaries.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood
recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25 -4 -11.
(39) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and
duplicating processes such as blueprinting or photostating shops, which are designed to primarily
serve the local area.
(40) Repair establishments, major, when there are not more than five employees, as approved by the
director.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Telecommunication antennas, as permitted under section 25 -4 -12.
(46) Temporary real estate offices, as permitted under section 25 -4 -8.
(47) Theaters.
(48) Utility substations, as permitted under section 25 -4 -11.
(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the
CV district, provided that a use permit is issued for each use:
(1) Crematoriums.
(2) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings
and golf club houses.
(3) Major outdoor amusement and recreation facilities.
(4) Yacht harbors and boating facilities.
(c) Residential uses in connection with the operation of any permitted uses shall be permitted in the CV
district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall be permitted in the
CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this section shall also be
permitted in the CV district.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
25 -75
§ 25 -5 -124 HAWAII COUNTY CODE
Section 25 -5 -124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five hundred square feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average width of sixty feet.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -126. Minimum yards.
The minimum yards in the CV district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district.
Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there
shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining
district.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999.)
Section 25 -5 -127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access drives and walkways,
and except for the construction of one single- family dwelling and accessory buildings per lot.
(b) Where any required side or rear yard in the CV district adjoins a building site in an RS, RD, RM or RCX
district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in
height, within five feet of the property line, except for necessary drives and walkways, and except for the
construction of one single - family dwelling and accessory buildings per lot.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05 -155, sec. 14.)
Section 25 -5 -128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing structures in the CV
district, except for construction of one single - family dwelling and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site areas, building site
average widths and yards, may be approved by the director within a planned unit development.
(1996, Ord. No. 96 -160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05 -155, sec. 15.)
Division 13. MCX, Industrial- Commercial Mixed Districts.
yam°
Section 25 -5 -1 1 ' urpose and applicability.
The purpose of the industrial - commercial mixed use) district ' o allow mixing of some industrial
uses with commercial uses. The i of this district is to proyj de" or areas of diversified businesses and
employment opportunities by permitting a range of u es without exposing nonindustrial uses to unsafe
and unhealthy environments. This district is intende romote and maintain a viable mix of light industrial
and commercial uses.
(1996, Ord. No. 96 -160, sec. 2; ratified Apri16, 1999.)
Section 25 -5 -131. Designa 'o11''of MCX districts.
Each MCX (indus ia1- commercial mixed use) district shall be designated by the symbalf "MCX"
followed by a n .er which indicates the minimum land area, in number of thousands of square feet, requ'
for each b ' • ing site.
(19 ., •rd. No. 96 -160, sec. 2; ratified April 6, 1999.)
SUPP. 1 (1 -2006) 25 -76
8 :07
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: August 24, 2011
NfrAtwagsam
TO: BJ Leithead Todd, Planning Director
FROM: Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS -10 to CV -10
Tax Map Key: 1 -8 -02: 064
We have reviewed the subject application forwarded by your memo dated July 27, 2011
and offer the following comments for your consideration.
All development- generated runoff shall be disposed of on site and not directed toward any
adjacent properties. A drainage plan may be required by the Planning Department under
the Plan Approval process in accordance with Sec. 25 -2 -72(3) of the Hawaii County Code.
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500 -year floodplain.
Access to the subject parcel is via Nicholas Road, which is under private ownership.
Questions may be referred to Kelly Gomes at ext. 8327.
Planning Dept.
Exhibit ,3
County of Hawaii is an Equal Opportunity Provider and Employer
073739
• •
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
September 1, 2011
TO: Ms. BJ Leithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager -Chief Engineer
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000143)
REQUEST: RS -10 TO CV -10
APPLICANT — DONNY SOUZA AND MELISSA MULLIKEN
TAX MAP KEY 1 -8- 002:064
We have reviewed the subject application and have the following comments and conditions.
Please be informed that there is an existing 5/8 -inch meter serving the parcel, which is limited to an average
daily usage of 400 gallons.
The Department has no objection to the proposed application, subject to the following comments and conditions:
1. The applicant must submit estimated maximum daily water usage calculations for the proposed project,
prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. The
water usage calculations should include the estimated peak flow in gallons per minute (GPM) and the
total estimated maximum daily water demand in gallons per day.
Based on the water usage calculations provided, the Department will determine if the existing 5/8 -inch
meter has adequate capacity to support the project. If the estimated maximum daily water demand
exceeds the capacity of the existing meter, the Department's system will not be able to support the
project, as water availability in the area can only provide one (1) 5/8 -inch meter per lot of record.
2. 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. The installation of the backflow
prevention assembly(s) must be inspected and approved by the Department.
3. Please be informed that the existing 12 -inch waterline within Volcano Highway is adequate to provide
2,000 gallons per minute for fire protection, as required per the Department's Water System Standards.
4. Subject to other agencies' requirements to construct improvements within the road right -of -way fronting
the property affected by the proposed development, the applicant shall be responsible for the relocation
and adjustment of the Department's affected water system facilities, should they be necessary.
Please be informed that the Department has a well and reservoir project under construction which may increase
the capacity of the water system in your area. However, we cannot make a commitment to provide additional
water service until the well is in operation and we can analyze the performance of the system with the new well
in operation. Planning Dept.
Exhibit
. . . W a t e r , Our M o s t Precious R e s o u r c e ... Ka W a i A pane .. .
The Department of Water Ri 'rally is an Fru,al fnnnrt, situ
SCANNED
SEA= - `i ?Oil
BY:0739 i 2
• •
Ms. BJ Leithead -Todd, Planning Director
Page 2
September 1, 2011
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961 -8070, extension 256.
RQ:dmj
copy — Donny Souza and Melissa Mulliken
Aubrey Summers, Architect
Since ours,
Milt n D Pavao, P.E.
Man : ger- hief Engineer
William P. Kenoi
Mayor
August 10, 2011
TO : BJ LEIT
FROM : H N
ARE
SUBJECT:
'aunty of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawai`i 96720 -3998
(808) 935 -3311 • Fax(808)961 -8865
EAD TOOD
ANNING DIRECTOR
TATIARES, J
(OPERATIONS
SSISTANT POLICE CHIEF
CHANGE OF ZONE APPLICATION (REZ 11- 000143)
APPLICANT: DONNA SOUZA & MELISSA MULLIKEN
REQUEST: RS -10 TO CV -10
TAX MAP KEY: 1 -8- 002 -064
Harry S. Kubojiri
Police Chief
Paul K. Ferreira
Deputy Police Chief
Staff, upon reviewing the provided documents and visiting the proposed site, does not
anticipate any significant impact to traffic and /or other public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions or concerns, please contact Captain Samuel Jelsma,
Commander of the Puna District at 965 -2716.
SJ /Ili
Planning Dept.
Exhibit
"Hawai`i County is an Equal Opportunity Provider and Employer"
William P. K ' N ",
Mayor
August 2,2011
T
t`' " 19
(C.ouutp of 3atnat`t
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720
(808) 932 -2900 • Fax (808) 932 -2928
TO: BJ LEITHEAD TODD, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: REZONING APPLICATION (REZ 11- 000143)
APPLICANT: DONNY SOUZA AND MELISSA MULLIKEN
REQUEST: RS -10 TO CV -10
TAX MAP KEY: 1 -8- 002:064
Darryl J. Oliveira
Fire Chief
Glen P. I. Honda
Deputy Fire Chief
In regards to the above - mentioned Change of Zone application, the following shall be in
accordance:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained
in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route
around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
Planning Dept.
Exhibit
SCANNED
AUG 1 1 2011
By :.073305
Rlawai'i County is an Equal Opportunity Provider and Employer.
BJ Leithead Todd
August 2, 2011
Page 2
"3. When there are not more than two Group R, Division 3 or Group M
Occupancies, the requirements of this section may be modified, provided, in the
opinion of the chief, fire- fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high -piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section
may be increased when, in the opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all -
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15 %)
•
BJ Leithead Todd
August 2, 2011
Page 3
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall
be provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for
fire protection shall be provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the respective county water
requirements. There shall be provided, when required by the chief, on -site fire hydrants and
mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or
other fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the fire department apparatus by
roadways meeting the requirements of Section 10.207.
Fire Chief
KT:lpc
William P. Kenoi
Mayor
William T. Takaba
Managing Director
Frank J. DeMarco, P.E.
Director
Hunter Bishop
Deputy Director
Count r of Paitian
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawar i 96720
(808) 961 -8083 • Fax (808) 961 -8086
http: / /co.hawaii.hi.us /directory /dir envmng.htm
MEMORANDUM
Date : August 1, 2011
To : BJ LEITHEAD TODD, Planning Director
From: HUNTER BISHOP, Deputy Director
Subject: Change of Zone Application (REZ 11- 000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS -10 to CV -10
TMK: 1 -8- 002:064
The Solid Waste Division has reviewed the subject application and offers the following recommendations
(Please note Wastewater Division's comments will submitted separately):
DEPARTMENT COMMENTS:
( X) Wastewater Division had no comment as this area is not a sewered and there are no innnediate
plans for sewering of the area.
( ) Other
SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.)
( )) No comments
( ) Commercial operations, State and Federal agencies, religious entities and non - profit
organizations may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( ) Other:
County of Hawaii is an Equal Opportunity Provider and Employer.
William P..Kenoi
Mayor
Count of clizioni`i
Office of ausing in C ommuuitg PIevnlapmettf
50 Wailuku Drive • Hilo, Hawai`i 96720 • (808) 961 -8379 • Fax (808) 961 -8685
KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai`i 96740
(808) 323 -4305 • Fax(808)323 -4301
August 4, 2011
MEMORANDUM
TO:
FROM:
Bobby -Jean Leithead Todd
Planning Department
tp)s
phe J. Arnett
ousing Administrator
SUBJECT: Change of Zone Application (REZ 11- 000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS -10 to CV -10
Tax Map: (3) 1 -8- 002:064
The Office of Housing and Community Development has
reviewed the application and determined that Affordable
Housing Conditions are not applicable to the subject
request.
Thank you for the opportunity to comment.
G: /Planning /2077pasr.docx
Stephen J. Arnett
Housing Administrator
Niniau K. Simmons
Assistant Housing
Administrator
Planning Dept.
Exhibit 8
EQUAL HOUSING OPPORTUNITY
"HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY
PROVIDER AND EMPLOYER"
NEIL ABERCROMBIE
GOVERNOR
MEMORANDUM
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
DATE: August 3, 2011
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
ORETTA J. FUDDY, A.C.S.W., M.P.H.
Director of Health
FROM: Newton Inouye,'
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 11- 000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS -10 to CV -10
Tax Map Key: 1 -8- 002:064
Wastewater Branch has no objection to the proposed change of zone application.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11 -46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on -site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Depaitinent of Health at
933 -0917.
The Department of Health does not have any objections to the proposed change in land uses.
However, existing or planned land use activities adjacent to the proposed residential area should
be compatible with a residential neighborhood.
Planning Dept.
Exhibit q
SCANNED
B y : u73274
BJ Leithead Todd
August 3, 2011
Page 2 of 2
• •
We recommend that you review all of the Standard Comments on our website:
http: // hawaii .gov /health/environmental/ env - planning /landuse /landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD:REZ 1 1- 000 143.my
NEIL ABERCROMBIE
GOVERNOR OF HAWAII
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL
LAND DIVISION
POST OFFICE BOX 621
HONOLULU, HAWAII 96809
August 24, 2011
County of Hawaii
Planning Department
Attention: Ms. Phyllis Fujimoto
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Fujimoto:
PLANtiffiG
WILLIAM J. ALI A, 7R.
CHAIRPERSON
BOARD OP [AND AND NATURALRESOURCES
AVER RESOURCE MANAGEMENT
Z1111 AUG 26 of 6 : .4 1
RESOURCES
SUBJECT: Change of Zone Application (REZ 11- 000143) — RS -10 to CV -10 -
Mt. View, HI; TMK: (3) 1 -8- 002:064 - Donny Souza & Melissa Mulliken
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources' (DLNR) Land Division distributed or made
available a copy of your report pertaining to the subject matter to DLNR Divisions for their
review and comments.
At this time, enclosed are comments from our (a) Division of Forestry & Wildlife; and
(b) Land Division — Hawaii District on the subject matter. Should you have any questions,
please feel free to call Darlene Nakamura at 587 -0417. Thank you.
Enclosures
Sincerely,
Russell Y. Tsuji
Land Administrator
Planning Dept.
Exhibit
073779
NEIL ABERCROMBIE
GOVERNOR OF HAWAII
TO:
WILLIAM J. MLA, JR.
CHAIRPERSON
BOARD OF LAND ANON/CORAL RESOURCES
COMMISSION ON WAIVE RESOURCE MANAOAW]Ir
STATE OF HAWAII 2011 AUG 1 P 1: -00
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU, HAWAII 96809
August 15, 2011
MEMORANDUM
DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
X Engineering Division
X Div. of Forestry & Wildlife
_Div. of State Parks
X Commission on Water Resource Management
/ Office of Conservation & Coastal Lands
BJ X Land Division — Hawaii District
Historic Preservation
FROM: i ussell Y. Tsuji, Land Administrator
SUBJECT:
LOCATION:
APPLICANT:
RECEIVED
LANG: DIVISION
HI0t. HAWAII
Change of Zone Application (REZ 11- 000143) — RS -10 to CV -10
Mt. View, Hawaii; TMK: (3) 1 -8- 002:064
County of Hawaii on behalf of Donny Souza & Melissa Mulliken
G)
LJ
;r.,.
Transmitted for your review and comment on the above referenced document. We would
appreciate your comments on this document. Please submit any comments by August 22, 2011.
If no response is received by this date, we will assume your agency has no comments. If
you have any questions about this request, please contact Darlene Nakamura at 587 -0417. Thank
you.
Attachments
cc: Central Files
( ) We have no objections.
( t4We have no comments.
( ) Comments are attac r ed.
Signed:
Date:
NEIL ABERCROMBIE
GOVERNOR OFHAWAH
TO:
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU, HAWAII 96809
August 15, 2011
MEMORANDUM
DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
Engineering Division
X Div. of Forestry & Wildlife
Div. of State Parks
X Commission on Water Resource Management
_Office of Conservation & Coastal Lands
X Land Division — Hawaii District
_Historic Preservation
WILLIAM J. MLA, JR.
CHAIRPERSON
BOARD OP LAND AND NATURAL RoouRCEs
CO►Q(R4DN ON WATER RESOURCE. MANAGEMENT
j
FROM: i ssell Y. Tsuji, Land Administrator �Z _
SUBJECT: Change of Zone Application (REZ 11- 000143) — RS -10 to CV -10
LOCATION: Mt. View, Hawaii; TMK: (3) 1 -8- 002:064
APPLICANT: County of Hawaii on behalf of Donny Souza & Melissa Mulliken
Transmitted for your review and comment on the above referenced document. We would
appreciate your comments on this document. Please submit any comments by August 22, 2011.
If no response is received by this date, we will assume your agency has no comments. If
you have any questions about this request, please contact Darlene Nakamura at 587 -0417. Thank
you.
Attachments
( ) We have no objections.
() We have no comments,
( ) Comments are attached.
•
Signed:
Date:
! i: 1 >.
cc: Central Files
NEIL ABERCROMBIE
GOVERt9RA
iis_T;pi..:
H11 ST.EP - ! P 2: 57
Ms. BJ Leithead Todd
Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite #3
Hilo, Hawaii 96720 -4224
Dear Ms. Leithead -Todd:
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813 -5097
August 31, 2011
Subject: Change of Zone Application (REZ 11- 000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS -10- CV -10
Tax Map Key: (3) 1 -8- 002:064
Address: 18 -1354 Nichols Road, Mt. View, Hawaii 96771
GLENN M. OKIMOTO
DIRECTOR
Deputy Directors
JADE T. BUTAY
FORD N. FUCHIGAMI
RANDY GRUNE
JADINE URASAKI
IN REPLY REFER TO:
HWY -PS
2.9409
Thank you for consulting us regarding the subject change of zone application. We have no
objections to the applicant's rezoning application from residential to commercial use, subject to
the following conditions:
1. Applicant shall use the existing designated access to the property.
2. We will not allow parking along the shoulder of State Highway Route # 11(Hawaii Belt
Road) for the operation of the applicant's auto repair business.
3. No additional surface water runoff shall be allowed to discharge onto Hawaii
Belt Road as caused by this rezoning application.
4. Onsite parking spaces for the auto repair business shall be located and designed with the
objectives to provide optimum traffic circulation within the property and to prevent
vehicles from backing up onto Hawaii Belt Road.
5. Construction plans (prepared by a Hawaii licensed Engineer) especially for all structures
fronting our State highway must be submitted for our review and approval.
6. Equipments, material storage and staging areas shall comply with the National Pollution
Planning Dept.
Exhibit /1
073881
Ms. BJ Leithead -Todd HWY -PS
Page 2 2.9409
August 31, 2011
Discharge and Elimination System (NPDES) permit requirements and Best Management
Practice measures shall be installed. Temporary and permanent erosion control measures
shall be installed prior to any clearing or grading of the site.
We have observed a trend in this "spot" type of re- zoning and land use changes
in various areas in the county, and eventually the cumulative traffic impacts of these zone
changes at build -out phase will adversely impact our nearby State highway facilities. We
suggest that the county:
1. Review and monitor closely the increase of development of these existing
residential lot changes into commercial use.
2. Consider imposing a condition requiring developers /property owners for land use
approvals to participate in cost sharing arrangements regarding necessary roadway
mitigation measures on our State highway facilities.
If you have any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways
Division, Planning Branch at (808) 587 -1830.
Very truly yours,
,
ktM9'
ENN M. OKIMOTO, Ph.D.
irector of Transportation
September 30, 2011
To! 0-CT --
20
To: The Hawaii County Planning Commission
Re: Change of Zone Application for TMK (3) 1- 08- 002:064, Mountain View
Thank you for the opportunity to express our concerns regarding this rezoning
application.
Introduction
We are the owner /occupants, William Langer, Florence Snyder and Susan
Snyder Langer, of TMK (3) 1 -08 -002: 045 located at 18 -1358 Nichols Road, one
of the two RS -io properties bordering the property under
consideration. We are situated on a hill overlooking our neighbors directly
behind them and to the left as you face their property. Nichols Road is a
private, unimproved former sugar company road presently belonging
to Continental Pacific LLC (according to county property tax records last
updated 23 Sep 2011). The TMK for Nichols Road is (3)1- 08- 002:047. It is a
neglected and unwanted remainder of real estate transactions in our area.
We know what it's like to reside in close proximity to a small auto
repair shop. For 15 years my husband's business was located near an auto
repair shop in an industrial area of Honolulu. So when we received the letter
notifying us of this proposed business plan we really took notice. The size of
the building and the amount of space available for parking for a
business of this type appears unrealistic and we became very
concerned about ensuing traffic and parking issues and their
potential to block the direct access of emergency vehicles to residents
in time of urgent need.
Summary of Our Concerns
1. This rezoning is an example of "spot zoning" and will forever change the
character of our historic residential neighborhood.
Planning Dept.
Exhibit la
2. In our opinion there is insufficient parking on site for a business of this size
and type and therefore parking will inevitably overflow onto the roadway.
3. The commercial use of Nichols Road, a private, unimproved road leading
to the subject area will further degrade the condition of the road and will
increase the exposure to personal injury liability for the property owners.
4. There are unanswered questions as required by the rezoning application
regarding the size of the proposed business.
5. We have concerns regarding noise abatement and quality of life issues.
6. We have concerns regarding Pollution control — especially the leaking of
fluids of cars in need of repair and left on the road - plus an expectation that
toxic fumes vented from the business will not be able to dissipate during
voggy conditions.
To consider these comments in some detail please refer to the site plan and
application for rezoning submitted to the planning department, our written
testimony, and the photographs and additional documentation we have
provided.
1. This rezone request is an example of spot rezoning and will
forever change the character of our neighborhood.
Nichols Road is no longer part of a sugar company agribusiness that provides
housing for its employees. It is a quiet little residential neighborhood of
plantation era houses belonging to private property owners. Our house was
built for the plantation field manager and is an historical old home on a large,
tropically landscaped lot. We purchased our home because it was in a
neighborhood, surrounded by residential and agricultural parcels and because
it was close to, but not a part of the commercial conveniences of Mountain View
Village. Yes, we are near a school, a church and a utility substation, all of whom
are very good neighbors and allowable in a RS zoned district.
Our next -door neighbors purchased a residential lot with the
intention of establishing an auto repair shop on a small parcel with an
existing 1750 sq. ft. house. Can you imagine your own reaction if someone
purchased the residential lot next to your home and built an auto repair
shop larger that the business at 770 Kinoole Street? (please see photos)
Would you view that as an acceptable zoning change?
In his report to the Planning Department Mr. Glen Okimoto, the State of
Hawaii Director of Transportation, identifies this rezoning request as
an example of "spot" re- zoning. As defined by Anderson's American Law of
Zoning, 5.12 (4th Ed. 1996), "spot zoning is an amendment which reclassifies a
small parcel in a manner inconsistent with existing zoning patterns, for the
benefit of the owner and without any substantial public purpose."
The County of Hawaii's own General Plan Land Use map (obtained from
the Department of Planning on 9/29/11) (see attached map) identifies this lot
as a low density urban use parcel, i.e. "Residential, with ancillary
community and public uses and neighborhood and convenience -type
commercial uses."
A very small portion of the flag lot touching Old Volcano Road has
been designated "medium density urban" and seems to be the
justification for allowing a Commercial Village type business on this
parcel. The land use boundary line dissecting properties to allow for this
parcel's medium density use area to communicate with Old Volcano Road is
illogical and appears to be "for the benefit of the owner ". In reality no one will
ever be able to access this business from Old Volcano Road leading from the
commercial district of Mountain View Village. That county owned section of Old
Volcano Road has been abandoned for so many years it has become heavily
forested. Even if it were cleared no vehicle could access the business because the
existing house blocks entry to the useable area of the parcel (see applicant's site
plan). The connection of this property to the commercial district of
Mountain View Village exists only on paper.
If the rezone request is granted this property will be the only CV -10 in the area
and bounded by "inconsistent zoning patterns ", namely 2 RS -10 properties. Will
this "spot rezoning" provide the precedent for more "strip zoning"
along the highway? Will this be the Planning Commission's legacy?
The Hawaii County Code Section 25 -2 -40 states the zoning code may
be amended "by changing the boundaries of districts or by changing any other
provision in this chapter whenever the public necessity and convenience
and the general welfare require such amendment." No such public
necessity exists, as there is already a very large 4 -5 bay auto repair shop with
ample parking located in Kurtistown 5 minutes away serving the needs of our
community.
2. Insufficient parking for a business of this size and nature and
probable overflow of vehicles onto the road.
The applicants maintain they will be operating a small 1800 sq. ft. auto repair
shop. To put things in perspective, the average size of a two -car garage
is 400 sq. ft. (as per wiki.answers.com) and 500 sq. ft could accommodate two
small lifts. 1800 sq. ft. can accommodate 3 commercial bays.
To illustrate adequate parking of a comparable business, a two bay auto
repair shop at 770 Kinoole St. in Hilo, estimated by the owner as 1200 sq.
ft., has enough parking to accommodate at least 20 cars on its lot (see
photos). In a conversation with the owner I learned that the shop employs 3 to
5 mechanics at any given time. Each mechanic works on at least two cars at a
time while waiting for parts to arrive. Customers often drop their vehicles off in
the morning to be repaired while at work and cars without appointments needing
emergency service can arrive at any time. If their repairs can't be scheduled that
day, the car stays on the lot over night. Another larger repair shop on the corner
of Ponahawai and Kilauea streets is closer in size to an 1800 sq ft building and is
surrounded by paved parking areas and an adjacent parking lot (see photos).
I have dedicated the last ten years of my life to the care of my elderly,
disabled Mother who is a co owner of our home, and we hope to enjoy her
good company and wise counsel for many more years to come. Twice during
this time Mother was taken by ambulance to the hospital emergency
room for acute care. And although we hope not, it is possible she may need
these services again. I'm afraid if vehicles are parked on the shoulder of
our narrow road, access could easily be blocked.
Even with the best of intentions is it reasonable to expect the owner to turn
business away because there is not enough on site parking? Where will the
commercial dumpster for discarded car parts find a place on this crowded little
site and where will used tires and batteries be stored? Will delivery and tow
trucks be able to pull onto the lot or will they more likely be parked on the
shoulder of the road? Will cars requiring emergency service be towed away
because of inadequate parking? If cars block the road or are abandoned
the residents of Nichols Road can not call the police to have them
towed away because we are on a private road. What recourse would we
have? Will we be forced into a position of watch dogging our neighbor's
business? We don't feel comfortable doing that. At what point in the rezoning
process will these issues be addressed?
3. Commercial Use of Nichols Road
The applicants concede that it is difficult to exit Nichols Road onto
Highway 11 and recommend that, "North Pyzsk Road will be utilized for left
hand turning onto the highway ". As the exit from Nichols Road to Hwy. 11 is
situated on an almost blind curve with oncoming traffic beginning to accelerate
going up hill and traffic coming downhill slowing (sometimes) to a 45 mph limit,
we agree that this a dangerous exit. This situation has caused many accidents in
front of the Mt. View post office over the years. The access road to the Waters of
Life charter school is opposite Nichols Road on Highway 11 and further congests
traffic during peak hours. Mitigating this traffic problem by advising
their customers and vendors to drive down Nichols Road to N. Pyzsk
Rd. is a real disservice to the residents. That half of Nichols Rd is truly one
lane and the road is heavily potholed along its entire length. More traffic will only
serve to further degrade it. (Please see photos). The grant of easement
submitted by the applicants holds every property owner on Nichols
Road legally liable for any personal injury suits resulting from the
condition of the road. The commercial use of this road unfairly
expands our potential legal liabilities.
4. Incomplete zoning application
The applicants did not answer the question "membership size /number of
employees and clientele ". How many employees will there be and where will they
park? We are very interested in knowing the answer to this.
5.Noise abatement and quality of life issues
While the hum of traffic from the highway becomes a white noise like a fan, loud
industrial noises do not. As my Mother is blind and wheelchair bound she feels
uncomfortable leaving the familiar environment of her home. Her only
opportunity to enjoy the outdoors is to spend time on our covered lanai . When
our neighbor's house was under construction, there was the necessary loud
building equipment noise plus occasional music blasting that echoed uphill to our
nearby house. We closed ourselves inside to try to get away from the noise
without success. This was a temporary situation but with the approval of the
rezoning application the industrial noise will become permanent. We question
how the loud staccato blasts of pneumatic tools used to loosen every
nut and bolt can possibly be mitigated. Such sounds from the repair shop
at 770 Kinoole St. were plainly audible in front of the entrance to Cost U Less
across the street at 715 Kinoole St. Businesses located next to residential
properties must contain noise to the level permissible in a residential
area. How will this be possible?
6. Pollution and toxic fume control
Nichols Road becomes a shallow streambed in heavy rain. When the
rain drains away at the highway and into the culvert headed towards our
community drinking water well a half mile away, water remains in the pot holes
for an extended period of time and any oil from leaking cars will not evaporate.
(See photo ) Incidental parking on this road by cars in need of service
can create an environmental hazard because of leaking engine oil,
automatic transmission fluid, antifreeze, gear old, break fluid, power steering
fluid, shock absorber fluid, windshield washer fluid, or antifreeze — all highly
toxic materials. EPA standards are very strict for parking lots and require paving
and barriers to prevent runoff. Our little roadway can never provide EPA
Standard off -site parking.
And what about containment of fumes? A car repair shop is filled with toxic
materials. Vog often hangs heavily over Mt. View. The auto repair shop will
then in our opinion be laced with the weighed down exhaust fumes,
carburetor and brake cleaner, degreasers and benzene from the car
parts cleaning bath that will rise uphill to our house. Again, this business
does not belong in a residential neighborhood.
In Conclusion
Everyone is sensitive to the needs of others to achieve financial security in this
tough economic environment. We can appreciate that the applicants have
invested time, effort and money into their proposal. We too have invested years
of effort and a great deal of money into our property. Because we have provided
elder care for ten years, we are well aware of the enormity of resources that will
be required when we are unable to live independently. Like many people, our
home is our savings account and principal asset. If we cannot realize the true
value of our property when we need to sell, or worse yet, our property becomes
unsaleable, it will be financially catastrophic for as. We would not have
considered purchasing our house if this business had already existed. No one
says to their realtor, "Please, you must find us a home next to an auto repair
shop!"
We express our concerns in the hope that we can continue to provide a safe
environment for our Mother and also, to live in peace with our neighbors as we have
done for 17 years. When considering this re- zoning application request, please keep
in mind the stated intention of the Hawaii County Zoning Code, that any changes be
for the benefit of the welfare, health and safety of ALL Nichols Road residents.
Thank you,
William Langer, Florence Snyder, Susan Snyder Langer
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COt NT'' of H c GsAyv2AL PL-nN
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO.
ORDINANCE NO.��`'�
AN ORDINANCE AMENDING SECTION 25 -8 -23 (MOUNTAIN VIEW 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 VILLAGE COMMERCIAL —
10,000 SQUARE FEET (CV -10) AT `OLA`A, PUNA, HAWAI`I, COVERED BY TAX MAP
KEY: 1 -8- 002:064.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -23, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at `Ola`a, Puna, Hawai`i,
shall be Village Commercial — 10,000 square feet (CV -10):
Beginning at the northeast corner of this parcel of land and on the southwesterly
side of Old Volcano Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "OLAA ", being 18,195.43 feet South and
18,479.17 feet West, thence running by azimuths measured clockwise from true South:
1. Along Old Volcano Road on a curve to the left with a radius of 102.00 feet, the
chord azimuth and distance being:
309° 30' 12" 33.75 feet;
2. 1° 59' 30" 12.70 feet along the remainder of Grant 4053 to
W. Wolters;
3. 37° 11' 57.43 feet along same;
4. 51° 39' 18.48 feet along same;
5. 320° 35' 97.14 feet along same;
6. Thence along Volcano Road, F.A.P. No. F -2(4) on a curve to the right with a
radius of 1,869.86 feet, the chord
azimuth and distance being:
51° 49' 71.31 feet;
7. Thence along Nichols Road on a curve to the right with a radius of 20.00 feet, the
chord azimuth and distance being:
99° 17' 17" 28.96 feet;
8. 145° 40' 124.59 feet along Nichols Road;
9. 275° 01' 30" 20.50 feet along the remainder of Grant 4053 to
W. Wolters;
10. 237° 42' 30" 44.61 feet along same;
11. 231° 39' 35.71 feet along same;
12. 217° 11' 44.11 feet along same;
13. 181° 59' 30" 20.76 feet along same;
14. 228° 56' 4.38 feet along same to the point of beginning
and containing an area of 13,785
Square Feet.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) 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
-2-
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
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:
SINGLE - FAMILY RESIDENCIAL -
10,000 SQFT (RS -10)
TO VILLAGE COMMERCIAL -
10,000 SQFT (CV -10)
TOTAL AREA 13,785 SQFT
0
125
250
500
750
Feet
1,000
AMENDMENTTOTHE ZONING CODE
AMENDING SECTION 25 -8 -23 (MTN VIEW ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE- FAMILY RESIDENTIAL - 10,000 SQFT (RS -10) TO
VILLAGE COMMERCIAL - 10,000 SQFT (CV -10),
AT `OLA`A, PUNA, HAWAII
TMK: (3) 1- 8-002:064
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE: JUL 19, 2011
EXHIBIT "A"
Souza and Mulliken
Map 1313
Coml. 526 /Bill 168
RSouMuIREZbj.doc- 11/23/11
COUNTY OF HAWAII PLANNING DEPARTMENT
REVISED RECOMMENDATION
DONNY SOUZA and MELISSA MULLIKEN
CHANGE OF ZONE APPLICATION (REZ 11 -143)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicants request a change of zone from RS -10 to CV -10 to establish an
approximately 1,800 - square foot automobile repair shop; parking to be provided on -site.
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 Single- Family Residential (RS -10) to the
Village Commercial (CV -10) zoned district will conform to the goals, policies and
standards of the General Plan and Puna Community Development 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.
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 form for areas within the County. Under the Director's interpretation, the
project area is designated Medium Density Urban on the LUPAG Map. Thus, the
requested zoning would be consistent with the LUPAG Map. However, conditions of
approval will be included to minimize the impact and provide appropriate supporting
facilities and infrastructure for commercial -zoned properties.
Stated goals and policies of the General Plan Land Use Element for Puna
encourage the concentration of commercial uses within an established commercial core.
Similarly, the Puna CDP seeks to direct future commercial growth in an area identified as
a "Preliminary Village Center Boundary" (Figure 5 -5, page 5 -12 in the Puna CDP).
Mountain View currently has a commercial zoned area encompassing roughly three
acres, with the "Preliminary Village Center Boundary" identified on both sides of
Highway 11 in an area generally bordered by Nichols Road and the Mountain View
Elementary School. The subject property is situated near the southwestern point of this
boundary on Nichols Road, within the confines of the Mountain View Community
Village Center. The applicants propose access from Nichols Road and not Highway 11,
and thus is consistent with a the general design and use criteria for community villages
centers in Table 5 -1, page 5 -7 of the Puna CDP which encourages no direct access to
Highway 11.
The request is also consistent with Section 3.1.1c (Goals) of the Puna CDP which
states "services and community facilities are more accessible in village /town centers that
are distributed throughout the region, including the underserved subdivisions that have
been experiencing higher levels of development growth." It is also consistent with
Section 3.1.2c (Objectives), "enhance the role of existing and new village /town centers
by allowing expanded commercial uses, facilitating the development of farmers markets
and community gathering places, opportunities for special needs housing, and
infrastructure to support more compact development form and multi -modal travel."
-2-
The proposed change of zone would conform to the goals of the General Plan and
portions of the Puna CDP as it complements the existing nearby commercial land uses
and provides for an orderly development of the area. However, since the proposed use
would be situated along Nichols Road that is still predominantly residential, conditions of
approval will be recommended to mitigate the potential adverse effect to nearby
residences as well as to provide infrastructural support typical of commercial -zoned
properties.
A condition of approval will be included to provide improvements to Nichols
Road to a reasonable extent to support the commercial activities upon the subject
property and mitigate significant adverse impacts upon adjoining properties. While
commercial roadway standards will normally require a minimum pavement width of 24
feet with 7 -foot wide sidewalks and curb and gutter improvements, all within a 60 -foot
wide right -of -way, the somewhat limited extent of potential commercial uses along
Nichols Road as envisioned by the Puna Community Development Plan would suggest
that more reasonable application of roadway improvements be incorporated as part of this
favorable recommendation. Therefore, it is recommended that Nichols Road be
improved with a minimum commercial- standard pavement of 18 feet with 5 -foot wide
paved shoulders with 7 -foot wide paved drainage swale up to and including the driveway
access to the subject property, including any intersection improvements required by the
State Department of Transportation.
A condition will also be included to obtain written approval from the owner of
Nichols Road to make the necessary improvements. Both conditions will be required to
be satisfied prior to the commencement of operations.
The property is currently zoned RS -10 and adjacent properties are zoned RS -10.
There is a single - family dwelling immediately adjacent to the property to the northeast
(towards Hilo) and northwest. CV -zoned properties are located further east (towards
Hilo) of the site. Across Nichols Road to the west (towards Volcano) is a property
owned by Hawaiian Telcom, improved with a maintenance building and zoned Limited
Industrial (ML -20). Properties across Highway 11 are zoned RS -20 and in commercial or
-3-
residential uses. The landowner immediately adjacent to the property to the west, as well
as another landowner across Highway 11 has expressed objections to the request.
All essential utilities and services are available to the site. County water is
available to the site. The property currently utilizes a septic system. Solid waste will be
disposed of at appropriate sites designated by the Department of Environmental
Management. All essential utilities are available to the project site.
Access to the property is from Highway 11 to Nichols Road, a private road owned
by Continental Pacific, LLC. The applicant has indicated that the property may "also be
accessed off the highway via Pszyk Road then Nichols Road." Although it would not be
possible to monitor traffic to the property from Pszyk Road, this is highly discouraged, as
the portion of Nichols Road not fronting the property is narrow and unpaved, and would
not serve as a suitable or compliant access for a commercial development.
The property has no severe geological or topographical problems which cannot be
rectified or which would render the land unusable. The project site is located within
Zone "X ", areas determined to be outside the 500 -year floodplain. All development
generated storm run -off shall be disposed of on -site and not allowed onto adjacent
properties or roadways.
As the property is already developed with a single- family dwelling, no formal
archaeological study was conducted. By email dated June 30, 2011, the applicants
requested a letter of "no effect" from the DLNR -HPD. Likewise, no professional flora or
fauna surveys were conducted of the site, as the property is improved. The property is
located in an urban setting in an area with single - family residential as well as some
agricultural uses. Given the urban nature of the surrounding area, the presence of any
endangered species is remote.
The project site 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 ", an area determined to be outside the 500 -year floodplain. All development
generated storm run -off will be disposed of on -site and not allowed onto adjacent
properties or roadways.
-4-
This favorable recommendation is made with the understanding that the
applicants remain responsible for complying with all other applicable governmental
requirements in connection with uses permitted within the CV -zoned district, prior to its
commencement or establishment upon the subject property. Additional governmental
requirements may include the issuance of building permits, the installation of approved
wastewater disposal systems, 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
favorable recommendation; 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 above findings, approval of this change of zone request from a
Single - Family Residential (RS -10) to a Village Commercial (CV -10) zoned district
would result in an appropriate land use pattern that will further benefit the public
necessity and convenience and the general welfare. The accompanying draft bill to
amend Section 25 -8 -23 (Mtn View Zone Map), Article 8, Chapter 25 (Zoning Code) of
the Hawai`i County Code, is provided for your favorable consideration. Please note the
proposed conditions of approval attached to the draft bill.
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO.
ORDINANCE NO.
(pletonbli
AN ORDINANCE AMENDING SECTION 25 -8 -23 (MOUNTAIN VIEW ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE -
FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) TO VILLAGE COMMERCIAL —
10,000 SQUARE FEET (CV -10) AT `OLA`A, PUNA, HAWAII, COVERED BY TAX MAP
KEY: 1 -8- 002:064.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -23, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at `O1a`a, Puna, Hawai`i,
shall be Village Commercial — 10,000 square feet (CV -10):
Beginning at the northeast corner of this parcel of land and on the southwesterly
side of Old Volcano Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "OLAA ", being 18,195.43 feet South and
18,479.17 feet West, thence running by azimuths measured clockwise from true South:
1. Along Old Volcano Road on a curve to the left with a radius of 102.00 feet, the
chord azimuth and distance being:
309° 30' 12" 33.75 feet;
2. 1° 59' 30" 12.70 feet along the remainder of Grant 4053 to
W. Wolters;
3. 37° 11' 57.43 feet along same;
4. 51° 39' 18.48 feet along same;
5. 320° 35' 97.14 feet along same;
6. Thence along Volcano Road, F.A.P. No. F -2(4) on a curve to the right with a
radius of 1,869.86 feet, the chord
azimuth and distance being:
51° 49' 71.31 feet;
7. Thence along Nichols Road on a curve to the right with a radius of 20.00 feet, the
chord azimuth and distance being:
99° 17' 17" 28.96 feet;
8. 145° 40' 124.59 feet along Nichols Road;
9. 275° 01' 30" 20.50 feet along the remainder of Grant 4053 to
W. Wolters;
10. 237° 42' 30" 44.61 feet along same;
11. 231° 39' 35.71 feet along same;
12. 217° 11' 44.11 feet along same;
13. 181° 59' 30" 20.76 feet along same;
14. 228° 56' 4.38 feet along same to the point of beginning
and containing an area of 13,785
Square Feet.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) 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
-2-
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
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:
CSouMuIREZ.doc -11 /30/11
DONNY SOUZA and MELISSA MULLIKEN
CHANGE OF ZONE APPLICATION (REZ 11 -143)
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 applicant(s) 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 one hundred and eighty (180) days from the
effective date of this ordinance.
C. The applicant(s) shall install a reduced pressure type backflow prevention
assembly within five (5) feet of the water meter on private property, which shall
be inspected and approved by the Department of Water Supply prior to the
issuance of a Certificate of Occupancy for any commercial use of the building.
D. Construction of the proposed development shall be completed within five (5)
years from the effective date of this ordinance. Prior to construction, the
applicants, 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 and parking stalls
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's
Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawai`i
County Code. Parking associated with any activities located on the subject
property shall be maintained on -site and not within nearby road rights -of way.
E. The property shall be developed in substantial compliance with plans as
represented in the application.
F. No direct access shall be allowed to the subject property from Highway 11.
G. The applicant shall provide proper written documentation from the owner(s) of
Nichols Road that improvements to Nichols Road required by this ordinance are
permitted. This authorization shall be secured prior to the submittal of plans for
Plan Approval Review.
H. Prior to the issuance of a Certificate of Occupancy for any commercial use on the
subject property, the applicant(s) shall improve Nichols Road up to and including
the driveway access to the subject property to a minimum commercial - standard
pavement width of 18 feet with shoulder and drainage improvements within a
proposed 50 -foot wide right -of -way, which the applicants shall provide by a road
widening within the subject property equal to half the distance between the
existing right -of -way and the proposed 50 -foot wide right -of -way. Incorporation
of the additional right -of -way and required roadway improvements as part of
Nichols Road shall be accomplished prior to the issuance of a certificate of
occupancy for any commercial use. Along that side of the Nichols Road right -of-
way directly adjacent to the subject property and commensurate with the required
pavement improvements, the applicant(s) shall also provide a 5 -foot wide paved
shoulder with a 7 -foot wide paved drainage swale. All improvements to Nichols
Road shall comply with Department of Public Works (DPW) Standard Detail
R -33 and be constructed in a manner meeting with the approval of the DPW.
Concurrent with road improvement required by this condition, the applicant(s)
shall also provide any improvements to Highway 11 as may be required by the
State Department of Transportation to accommodate these required improvements
to Nichols Road and its intersection with Highway 11.
All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. If required, 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.
-2-
J. The method of sewage disposal shall meet with the requirements of the
Department of Health.
K. 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.
L. 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.
M. Should the applicant(s), successors or assigns develop residential units on the
subject property, the applicant(s) shall make its fair share contribution to mitigate
the potential regional impacts of the property with respect to parks and recreation,
fire, police, solid waste disposal facilities and roads. The fair share contribution
shall become due and payable prior to receipt of Final Plan Approval. The fair
share contribution for each lot shall be based on the actual number of residential
units developed. The fair share contribution in a form of cash, land, facilities or
any 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 $7,903.35 per multiple family residential unit ($12,316.47 per single
family residential unit). The total amount shall be determined with the actual
number of units according to the calculation and payment provisions set forth in
this condition.
The fair share contribution per multiple family residential unit (single family
residential unit) shall be allocated as follows:
1. $3,898.50 per multiple family residential unit ($5,939.22 per single family
residential unit) to the County to support park and recreational
improvements and facilities;
2. $123.21 per multiple family residential unit ($286.51 per single family
residential unit) to the County to support police facilities;
3. $379.01 per multiple family residential unit ($565.89 per single family
residential unit) to the County to support fire facilities;
4. $168.93 per multiple family residential unit ($247.75 per single family
residential unit) to the County to support solid waste facilities; and
5. $3,333.69 per multiple family residential unit ($5,277.10 per single 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.
N. 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.
O. 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 prior to Final Plan Approval.
P. The applicants shall comply with all County, State and Federal laws, rules,
regulations and requirements.
Q.
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.
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.
A -20a
SINGLE- FAMILY RESIDENCIAL -
10,000 SQFT (RS -10)
TO VILLAGE COMMERCIAL -
10,000 SQFT (CV -10)
TOTAL AREA 13,785 SOFT
A -5a
A -5a
A -5a Pp ? CV -10
O�0* GV -10 �O
J
O\'
o
O
GV-10 ��
R- 10
15,195.43' 5
15,479.17 W
" OLA'A"
RS -10
R5 -10
R5 -10
R5 -10
A -20a
44.°
R5 -10
RS -10
R5 -10
R5 -20
A -20a
ML -20
�S9 OFEN
R5 -20
A -20a
A -20a
0 125 250
500
750
Feet
1,000
AMENDMENTTOTHE ZONING CODE
AMENDING SECTION 25 -8 -23 (MTN VIEW ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE- FAMILY RESIDENTIAL - 10,000 SQFT (RS -10) TO
VILLAGE COMMERCIAL - 10,000 SQFT (CV -10),
AT `OLA`A, PUNA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: (3) 1- 8- 002:064
DATE: JUL 19, 2011
EXHIBIT "A"
Souza and Mulliken
Map 1313
Comm. 526/Bill 168
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
NOVEMBER 3, 2011
A regularly advertised hearing on the application of DONNY SOUZA & MELISSA
MULLIKEN (REZ 11 -143) was called to order at 9:43 a.m. in the County of Hawai`i, Aupuni
Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Zendo Kern
presiding.
COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Stephen Ono and Raylene Moses
STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), B. J. Leithead Todd
(Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner),
Maija Cottle (Staff Planner) and Jeff Darrow (Staff Planner).
And approximately 23 people from the public in attendance
ABSENT & EXCUSED: Takashi Domingo and Wallace Ishibashi
APPLICANTS: DONNY SOUZA & MELISSA MULLIKEN (REZ 11 -143)
Application for a Change of Zone from Single- Family Residential - 10,000 square feet (RS -10) to
Village Commercial- 10,000 square feet (CV -10) for approximately 13,784 square feet of land.
The property is located on the northeast corner of Highway 11 and Nichols Road, Ola`a, Puna,
Hawai `i,
TMK: 1 -8 -002: 064.
KERN: Application number three, Donny Souza and Melisa Mulliken, Application for a Change
of Zone from Single - Family Residential - 10,000 square feet to Village Commercial- 10,000
square feet,
TMK: 1 -8 -002: 064. With that we will go to staff presentation. Daryn.
ARAI: Thank you, Mr. Chairman. Once again, looking at the location map on the projection
screen, and we'll get the light, one moment please. But the subject property is located within Mt.
View in the Puna District. This bright white line going diagonally top to bottom is Highway 11,
toward the bottom of the map heading toward Volcano, toward the upper part of the map in
toward Hilo. The subject property is on the northwest side indicated here by the yellowish color
and outlined in black. Other roads in the area include the Old Volcano Road in this particular
location here where you have Mt. View Bakery, as well as Nichols Road which provides access
to the subject property, as well as other lots in the area. This is a close -up of the project site.
Again, the subject property here outlined in black on lands currently zoned RS -10 as indicated by
the mustard color. Other land uses in the area include Commercial as indicated here in pink.
And, again, Mr. View Bakery is located within the general area further toward the top of the
map. Across the street you do have a series of residential - designated lands RS -20 by the light
1
yellow color, and RS -10 by the mustard color, and Open zoned district as well as Agricultural
20 -acre zoned district by the darker green color here.
Across the street is the existing Church, I think it's called St. Theresa. Also there is the Waters
of Life Charter School also on this property across the Highway; and Mt. View Gym is also
located in this area designated Single - Family Residential. Other uses in the area will include a
mixture of residential uses, as well as commercial uses and agricultural uses on the northwest
side.
This is the General Plan Land Use Pattern Allocation Guide Map. The orange color here
represents Medium Density Urban development, at least where we envision the land use pattern
for Medium Density Urban development, which include Multiple - Family Residential uses,
Commercial uses. The surrounding yellow color represents Low Density, which is primarily
Single- Family Residential type of uses. As you can see the subject property is located basically
straddling this generalized depiction of the location of these two land use designations.
The Director has interpreted that the limits or the extent of the Medium Density Urban
designated areas will basically follow this general alignment of where the Old Volcano Road
right -of -way would be, and that will provide basically demarcation on the limit of where the uses
consistent with Medium Density would be allowed. The Director has determined that therefore
the subject property falls within an area designated for Low Density Urban uses.
The applicant, this is the Puna Community Development Plan. And what this particular map is
showing is, as indicated by the dotted lines, is the limits of the Mt. View Community Village.
And as you can see by this large dot, black dot here, the subject property is located within the
boundaries of the Village as defined by the Puna Community Development Plan. I should note
however that the boundaries of this, the Village, is preliminary. It is not set in stone. Again, it's
just to provide a guide for where the Puna CDP envisions community village type of uses, which
include a mixture of commercial as well residential type of uses. This is the State, I'm now
showing the State Land Use designations, the pink representing Urban and the green representing
Agricultural uses. As you can tell the entire property is within the State Land Use Urban
District.
This is an aerial photo of the property, with the property outlined in red, with Highway 11
running up and down in this direction here. As you can see, across the street is Mt. View Gym,
the Waters of Life Charter School, St. Theresa's Church. Mt. View Post Office is located here in
the upper right -hand corner; and, again, you have a series of residences and residential uses in
the surrounding area. This little white structure here is actually the Hawaiian Tel switching
station; and that switching station is, just for reference purposes, is actually located here on lands
designated Limited Industrial by the Zoning Code. So the applicants are requesting this change
of zone to change the district classification from Single - Family Residential - 10,000- square foot
minimum lot size to Village Commercial — 10,000 square foot minimum lot size. The purpose
for the request is to establish an approximately 1800- square foot automobile repair shop.
This is the site plan provided by the applicant with Highway 11 toward the bottom of the map,
and Nichols Road which provides access looking, located here on the left -hand side of the
2
diagram. As you can see the applicant has constructed, and it was just completed this year, a
two -story single family residence on the property, and I'll show you the residence in pictures
later, and with the proposed automobile repair shop located closer to Highway 11. Again, access
to both facilities will be provided by Nichols Road which would then access onto Highway 11.
Nichols Road itself is a privately -owned road. It's approximately 30 feet wide and substandard
in the way of improvements. This is a photograph of the newly constructed home of the
applicant. We are standing at the intersection of Nichols Road and Highway 11; and as you can
see, while there is pavement it does transition to basically substandard conditions the further you
get away from the intersection.
There is a home on the adjacent property located here. Again, another shot of the applicant's
dwelling. There is another dwelling located on an adjoining property to the northwest, and it is
situated behind these tall, very tall trees. And that property also accesses onto Nichols Road.
This is the intersection with Nichols Road in front of you and heading up toward the applicant's
property on your right. We are now looking south toward Volcano. As you can see some single -
family residences on the opposite side of the Highway. We are now looking toward, back
towards Hilo along Highway 11.
This is a shot once again looking from the intersection up along Nichols Road, with the
applicant's property on your right -hand side. And where the van is parked, we are now looking
back toward the Highway and its intersection. The applicant's property is to your left.
The Director is recommending, issuing an unfavorable recommendation on this change of zone
request. The Director finds it is inconsistent with the General Plan LUPAG Map which
designates the property for Low Density Urban uses. And a change of zone request to Village
Commercial would be inconsistent with that General Plan designation. The request is also not
consistent with the Land Use Commercial Development Element of the General Plan, and as I
mentioned not consistent with the LUPAG Map designation of Low Density Urban. And
properties along Nichols Road are primarily in residential uses, and it would be more prudent to
retain the largely residential character along this section of Nichols Road.
So with that I stand ready to answer any questions that you may have. I keep forgetting, sorry
about that. We have received a number of correspondence, all of which have been provided to
you. Some of the more recent correspondence, just to make sure you have them, is an October
25, 2011 letter from the applicant Donn Souza; and a response from the applicant's
representative, Aubrey Summers, dated November 1St. There's another letter dated November
2 from Susan Langer. She owns the property mauka of the project site. A letter dated
November 2nd from the Bank of Hawaii, they own property further in the Hilo direction of the
subject property; and as well as letters from Fire Management Officer Joe, can't pronounce it,
Mo -, I'm sorry. He's with the Hawaii Volcanoes National Park. And, again, from Hawaii
Volcanoes National Park a letter from Rodney McCoullough. So with that I stand ready to
answer any questions you may have.
KERN: Thank you, Daryn. Any questions for staff? Seeing none, thank you very much, Daryn.
ARAI: You're welcome.
3
KERN: Could the applicant and /or their representative come forward. So we have a
representative -.
SUMMERS: Aubrey Summers.
KERN: I'll get you to raise your right hand. Will you all raise your right hand. Do you swear to
tell the truth today before the Windward Planning Commission?
TESTIFERS: Yes.
KERN: And just for my point of clarification, representative, applicant, applicant?
UMEMOTO: Supporter.
SUMMERS: Representative.
UMEMOTO: Representative.
KERN: Okay, just cause I want to make sure that there's a, you know, we are limiting public
testimony to three minutes and we need to make sure there isn't a cross -over between being a
true representative and public testimony. So if you're going to give public testimony it'd be
better to sign up with Sharon and give public testimony.
UMEMOTO: I have, I have.
KERN: Okay, great. Thank you very much. With that, you have received the report and
recommendation?
SUMMERS: So first we'd like to say -.
KERN: Would you use the microphone, please.
SUMMERS: Oh, that we disagree with the recommendation. And our disagreement is based on
several visits to the Planning Department, several informal conferences with planners in the
Planning Department, a review of the LUPAG Map and a review of the CDP. The CDP clearly
shows that the property is within the Commercial Village District. And if you look at the maps
that I have given you it shows both the CDP boundaries as well as the LUPAG Map boundaries.
I realize that the Director has chosen to determine a boundary near my friend's property stating
that their property is not Medium Density Urban. But I guess I would like to point out on the
maps that I handed out to you that there is no clear identification of where the Commercial
Village is, that that is an extremely arbitrary area that is designated there and that in the CDP the
goal is to create a community village, a community village that has commercial parcels that are
usable by the people in the community.
Right now there are nine parcels, I think, approximately, maybe 10, that are designated for
Commercial Village; and that, for one thing, it does not seem like an adequate number of
commercial property for this size of community that we are trying to provide, as well as the fact
that there is an industrially -zoned parcel occupied at this point directly adjacent to Donny and
Melissa's parcel.
I would advocate that the general, I'm sorry, that the, um, the CDP actually shows a more
informed, um, I'm sorry, for all the ums, I'm a little nervous, shows, um, shows a more cohesive
community center, taking into account that industrially -zoned parcel and the school across the
4
street, the gym across the street, the park across the street. If you look at that parcel, Donny's
and Melissas's parcel, it really does fit into a corridor that has been created of commercial
activity. I guess that's my main argument. It was put into writing and we turned that in October
30th with supplemental information.
One of the pieces of information showing the makeup of the area within a 500- square foot
boundary of the property, the commercial comprises 10 percent, Industrial 5 percent, Agriculture
32 percent; and even though the Water's of Life and AJY (phonetic) are on residential land I
don't believe that could really truly be considered residential. So that was one of our arguments,
is that in the recommendation it was consistently reiterated that this was a largely residential
area, and I just wanted to show that this truly is a mixed use area.
One of the other comments in the recommendation was that there was a fear that a bar could be
built on the property; and that was something that was found to be a negative item. And we
found it in the HRS that the Liquor Control Board actually does not allow bars to be built within
500 square feet of a church, a school, a park, that serves minors. So that is something that we
also felt was in our favor.
I guess I'm done for the moment. If anyone else would like to talk -.
UMEMOTO: Hi. My name is Charles Umemoto. I'm here in support of the rezoning. My
fiance wrote a letter in on October 25th, I believe; that was sent in for your review. The basis of
my support is that my fiance works at the Kau Hospital which is approximately 115 miles each
way. Given the economic situation there are no permanent positions in Hilo or places that she
can work that is closer. So in the state of times it's take whatever job you have and hang on to it.
You know, as a father of a one -year old and a four -year old and my fiance driving such long
distance, you know, my fear and the thing that I think about every day is car accidents or, you
know, just basic necessities, that a tire blows out or the battery dies, simple things like that, that
can present a dangerous situation. I worry every day that she gets on the road. Because we have
kids, she watches during the day, I watch at night.
KERN: I'm sorry. I'm going to pause you for a minute. This is sounding like public testimony
which you're entitled to do at that time. If you would like to speak as a part of the representative
specifically for the application or something more in that line, you are more than welcome to. I
just need to be fair for everybody involved that by kind of bringing up public testimony when
there is no time limit on it.
UMEMOTO: Okay, mine would probably be public testimony.
KERN: Okay. And so, well, you'll be provided the opportunity here in a minute.
UMEMOTO: Thank you. Sony on that.
KERN: No problem. Do you care to comment? Just your name and -.
SOUZA: My name is Donny Souza.
KERN: Okay.
SOUZA: I'm the owner of the property. I just want to make it clear that this is not a large -scale
auto shop like some people think it is going to be. I work by myself. You know, it's very small
scale, appointment basis, even going by off - roadside assistance. I got a lot of positive feedback
from the neighbors, except for a couple. I have a letter with pretty much all the surrounding
5
neighbors. This is all on Nichols Road, across the street, the highway, the principal at the
school; and they're all, they're all, you know, they're in favor for what I'm trying to do. I'm
trying to help the community. I want to give back to the community. I'm thinking of doing
Adopt A Highway in that area. Also, any school activities that I can contribute to, I'd like to do
that also.
I, one of the complaints was pollution control; and I have a list of all the stuff that is itemized
how I'm going to take care of it. As far as any oil, any transmission oil, brake fluid, there's a
company Unitek that does the recycling on that side. Coolant, I'm going to be purchasing an
anti - freeze recycler, which means it recycles the coolant and it doesn't leave the premises. It's in
a safe unit. The old oil filters, I'm going to purchase an oil filter crusher that drains out all the
oil, and I can take it to the scrap yard after that. AC refrigerant, I already have an AC recycler.
Batteries is recycled by NAPA. They pick it up. And tires, Leo's Rubbish. What else — and also
my plan on, when I build my shop, is I'm going to put voids (phonetic) in the concrete, so if
there is any oil that it's going to be controlled in the void (phonetic). It's going to be inside the
channel where I can clean it up. It's not going to be flowing down off the property or anything
like that. It's going to be clean.
SUMMERS: There are also Building Codes that we would take into account that require certain
types of grease trap interceptors that would be included in the building construction. We
wouldn't be doing anything that is not per Code. This would not be a structure that's, you know,
just built up on the front of their property and ad hoc. This is, we're talking EPS, we're looking
at OSHA, we're looking at all the different Codes. And we're talking with civil engineers to
make sure that this is all to Code, will not create any hazardous waste or nuisance that would
ever flow off the property.
SOUZA: And then another concern was, the Planning Department was concerned that if I get
my zoning I was to resell it to somebody else; and that is not my concern. I just put my, a two -
story house. I'm a father of two girls, one three and one just was born on 9/11. I have no
intentions of selling the place. This is just a place I want to stay and work at, nothing big. And
I'm for the community, I'm for my neighbors. I'm not trying to, you know, make a lot of noise
or anything. And also my AC, on my compressor, it's going to be in a room that's, it has, it's
going to be insulated. And, also, being that I'm only a one - person so, you know, there's not a lot
of noise I can be making. I impact wrench once in a while, the rest is very quiet.
And the back of the building will be facing the highway, excuse me. So no windows, no doors
on the backside. So across the street nobody has to worry about any noise or any sight or
anything like that. And then my house is going to be right there, it's two stories, it's blocking
most of the noise going the opposite way, also along with a bunch of trees and stuff.
SUMMERS: You should have a plan of that which shows, we can provide you with a plan of
that if you can't find it in the packet that you're looking at.
SOUZA: So as far as the noise it shouldn't be a problem.
SUMMERS: And we'd like to reiterate that Hawaiian Tel Com Facility has compressors and
generators that are going 24 hours a day, the noise -.
SOUZA: Every ten minutes.
SUMMERS: Yeah, every ten minutes. So -.
6
SOUZA: And nobody saying nothing about that right now, and it's outside and it's very loud.
When the lights go off there's a generator that stays on that's super loud.
SUMMERS: And your compressors would be nothing like that.
SOUZA: No.
SUMMERS: Because not only would there be a higher quality, they would also be insulated. So
there would be nothing even like the noise that is currently in that area because of the Hawaiian
Tel Com building.
SOUZA: Also, I have pictures of Nichols Road before we purchased the property. There are
three pictures of before, then there's three pictures of after.
KERN: Do you mind passing those to me, Daryn, for us.
SOUZA: This is just what I did myself, you know, putting on grass seed. I mow the lawn and
stuff. So it's very presentable. All the neighbors like it, except for one. They all love it.
UMEMOTO: The intent of the clearing and widening of that road was that the road prior to the
purchase was so narrow that it was a safety issue for fire trucks, ambulance, safety equipment
vehicles used to come in. And then by widening the road it creates a much better safer roadway
to support the surrounding neighbors; and that was one of the biggest things that the surrounding
neighbors were appreciative of. It created a safer wider area for ambulances, fire trucks, etc.
KERN: All right, thank you.
MULLIKEN: Not only that, I just want to mention one thing on the road. When we purchased
the property the road was kind of curved; and when we drew a string from the bottom pin to the
top pin, a part of that curve of the road was actually on our property. So we cleared some of
those gingers, cut down those gingers and made it nice, because we needed to make more room
for the vehicles. Because where they were driving was actually on a part of our property. So
that was one of the reasons to, you know, kind of cleaning up the gingers and everything. And as
we, you know, cleaned up more, we saw pavement; and it turned out that was one of the original
roads that was there. So we decided, you know, make it really nice and another access for the
neighbors, the community there.
SOUZA: And also we got permission from Hank Correa to do, to cut down the gingers cause
he's the caretaker of Pacific Continental, he's the owner.
MULLIKEN: Yeah, the company that owns the parcel, the roadway. We were told that Hank
Correa is the manager of that. So we called him and he gave us a verbal permission to do
whatever we wanted to do with the road basically. So, and the support from the neighbors, they
really supported it. And they said, you know, I had two neighbors that said, you know, let us
know whatever you want, we can buy gravel, we can buy this, we'll pay, do whatever, you
know, we really approve with cleaning it up or something.
7
KERN: Great. Thank you. Any questions? Commissioner Au.
AU: Question for the applicant. You have a little narrow strip of your property going into Old
Volcano Road. Maybe just tell me what's going on there. You know, one concern that I have
and what many residents have, which is an eyesore for a lot of businesses like yourself,
mechanics that work out of their homes is it looks like a junkyard. So, you know, that looks like
a nice hiding place to hide junks. So I just want to know what you got going on there, what
you've got planned for that area; and I'd like to hear what you have to say about it.
MULLIKEN: Okay, that's my little project. I call it my puka. And my plan was to, I planted
some banana trees and stuff. It's actually kind of overgrown right now. But like we said we
have two young children and I really would love to have a play house in that little spot. I mean
that's my ultimate goal because, you know, I know that they're not going to have a whole lot of
place to play. And I want something away from the house and the shop and all of that. And I
really want to put a little play area, just, you know, I want to put a little fence and have our dog
and the kids back there. That's my ultimate plan with that area. There's no place to even fit
junks back there cause it's such a narrow spot. You can't even drive in this place.
SUMMERS: And the road is not improved on the curved portion, so Old Volcano Road actually
stops.
SOUZA: Where the two -story residence sits, it's right on the boundary. And it hugs that corner
of the property, leaving approximately 10 feet of space. So to bring vehicles or tuck things way
over there, it would be extremely difficult for it to get around the house to get back to that back
little flag area.
KERN: Commissioner Ono?
ONO: Presently you're saying that you're planning on a one -man operation shop. Is it going to
be a part-time activity for your or is this a fulltime job for you?
SOUZA: It's going to be a full time -.
ARAI: Microphone.
KERN: Use your microphone, please.
SOUZA: It's going to be a fulltime but just normal business hours from 8:00 to 4:30 by myself.
ONO: Okay. You don't need to answer the following question, but I'm just curious. So what
are you doing now in terms of, because you don't have this kind of an activity.
SOUZA: Currently I do some mobile, and I rent a spot at one of my friend's shops.
ONO: Okay, so you're doing business -.
8
SOUZA: Yeah, but I can't afford it. You know, if I was to go, I just, I can't afford to rent a
place. There are so much new places that opened up, and they also can't afford it. You've got to
rent, you've got to pay business insurance, disposal of all, you know, oil and everything -- it's
just too much.
ONO: So you're anticipating enough to make a living then if you were to -?
SOUZA: Yeah, to make a living for my family.
ONO: I'm sorry?
SOUZA: To make a living for my family.
ONO: Okay, thank you.
MULLIKEN: Can I just make one more point on that?
KERN: Sure.
MULLIKEN: You know, having something so close right there would be just wonderful.
Because our daughter, Jasmine, she's three, she's a cute little thing, she's going to school now,
but, you know, she's okay. But we had a baby, a premature baby at 25 weeks and she's still in
the hospital. This is her. She's at Kapiolani. I just came here for this hearing. And she needs a
lot of -. This is her diaper (showing n approximately 4" in diameter diaper). This is how small
she is. She was born at one pound ten ounces. She's two pounds now. But she needs a lot of
special care, a lot when we come home. And just being, him being able to work there -. I don't
know if I can go back to work cause I don't have anybody to take care of our baby. And being
able to work there, and have the support, and trying to make a living for our family means the
world to us. We're doing this for our family, the future of our daughters, and to help our
community. This, we're good people, you know. This is what we're doing it for.
SUMMERS: Prior to purchasing this parcel and building their house, Donny visited the
Planning Department on numerous occasions, bringing in tmk numbers and the parcel
descriptions, getting favorable recommendations from the people that he spoke with saying that
they believe that this parcel could be rezoned. They looked at the CDP with him, and they
looked at the General Plan. He, you can probably describe it better than I can. But you didn't
even purchase the parcel until you thought this was a viable alternative.
SOUZA: Before I bought the place, I was looking all around trying to find a place that was in a
zoneable (phonetic) area. I brought numerous tmks in. A lot of them they said no. When I
brought this one in, I actually brought it in twice. First time when I was looking at it, and I
brought it in again right before I purchased the place; and both of the times they said it's in a
rezoneable (phonetic) area. Also, it's not fronting the highway so I don't have to make any
major road improvements as far as turn -offs and all that stuff. That's what I was told. And
that's why I took the chance, and I spent a lot of money on building my house and stuff; and
that's where I stand now.
9
KERN: Thank you. Any other questions for the applicant? Seeing none, yes, Madam Director.
LEITHEAD TODD: Have you talked with Mr. Correa about any type of a road maintenance
agreement since they say it's a private road where you would potentially contribute to any costs
to maintain Nichols since they own it?
SOUZA: No, I have not yet but that's a possibility that I can look into.
LEITHEAD TODD: Yeah, cause generally when I look at development on a privately owned
road I'm concerned about maintenance and repair of the road. So I usually look to see whether
there is any type of agreement and if there is some type of a pro rata share. And I was thinking,
you know, we still have some public testimony, but I was going to ask that the Commission defer
this matter and allow me to go out with the Souzas and view the property since we have had staff
go out there but I have not personally gone out there. I'd also like an opportunity to talk to them
about whatever representations were made to them by staff about the zoning.
There is a problem with the LUPAG. The General Plan has not caught up to what is envisioned
in the Community Development Plan, which is why we currently are looking at a General Plan
Amendment for Pahoa. But, you know, I would like an opportunity to take a look at that and talk
to them and maybe -. I'm really constrained to a great extent by the General Plan. But I would
like to talk to them and see whether, you know, just on an extent having relied on any
representations by the Department that, you know, they basically changed their positions in
purchasing the property.
KERN: And on that note possibly, if the Commissioners so decide, it might make sense for us to
take a site visit, if that's possible, to see what the implications of that are. Cause, you know, till
you see the actual -.
LEITHEAD TODD: In order for the Commission to do a site visit, it has to be a set date, it has
to be published notice, and it has to be at least six days in advance of the notice. And we also
probably have to take some notes, or either that a straight site visit, and you can't talk about the
application in order to comply with the Sunshine Law.
KERN: All right, so we'll bring that up here in a moment. So any other questions for the
applicant? Seeing none, if you have nothing else to comment on?
SOUZA: You know, I would like to say that while we haven't been in negotiation with Hank
Correa on an actual agreement he did mention that for him to be the manager of the road it's
something that he doesn't really pay attention to because it's not that much of a priority. And in
the response to the unfavorable decision we did put in there that if paving, asphalt paving, from
the highway to the subject property was an item that you felt, you know, you felt reasonable, we
would be willing to entertain that. That will make it an all- weather surface instead of just a
gravel area.
10
KERN: Well, that might be something you'll have the opportunity to talk with a greater detail
with the Planning Department about. So thank you. You all may have a seat.
SOUZA: Thanks.
KERN: We have two members from the public to testify. We'll call you up here in just a
minute. We'll start with, we'll call you both up at the same time. Susan Langer and Charles
Umento (phonetic), I messed up your name, I do apologize. And if you have handouts, please
give them to Maija over there. That'd be great. And we'll need to have a three- minute time
limit. And before you begin if you can just, you know, use the microphone, and give us your
name and area you represent.
LANGER: Okay, my name is Susan Langer and I live at 18 -1358 Nichols Road with my
husband and mother. So do I continue?
KERN: Yes, please do.
LANGER: Okay, thank you. Our RS -10 residence is situated on a hill adjacent to and
overlooking the Souza/Mulliken property.
Nichols Road is a quiet residential neighborhood of plantation era houses belonging to private
property owners. We purchased our home in 1994 because it is in a neighborhood surrounded by
residential and agricultural parcels and because it is close to, but not a part of, the commercial
conveniences of Mt. View Village. Yes, we're behind Hawaiian Tel, they're very good
neighbors and allowable in a residential area.
You have a copy of our written statement and additional documentation so I will briefly
summarize our concerns.
One, this rezoning is an example of "spot zoning" and will forever change the character of our
neighborhood.
Two, the commercial use of Nichols Road, a private, substandard road leading to the subject
area.
And three, we have concerns regarding fumes, noise abatement, potential off -site parking and
quality of life issues.
1. The Director of the State Dept. of Transportation identifies this rezone request as an example
of spot rezoning, namely "an amendment which reclassifies a small parcel in a manner
inconsistent with existing zoning patterns, for the benefit of the owner and without any
substantial public purpose."
The County of Hawaii's own GP LUPAG map identifies this lot as a Low Density Urban use
parcel. It is bordered by two residences and a private road it will be required to use for
access. The Hawaii County Code states the Zoning Code may be amended whenever the
11
public necessity and convenience and the general welfare requires such amendment. In our
opinion no such public necessity exists.
In their most recent letter to the Planning Commission, our neighbor identifies his primary
clientele as a vehicle maintenance contract with the Volcanoes National Park. He will be
primarily serving the needs of the National Park and not our local community. Our neighbor
also states he will be providing roadside assistance to cars in need of emergency repair. This
is an excellent service and one that doesn't require an auto repair shop. Membership in
Triple A Auto Club also provides this service. If it is our neighbor's intention to have
disabled vehicles towed to his business, can we then expect tow trucks driving through our
neighborhood day or night and backing onto the proposed business site? This business will
be under the same constraints as other shops and not allowed to operate at night. There is a
large auto repair center in Kurtistown 5 miles away that is already serving the needs of our
community.
In their application for rezoning submitted on June 22, 2011, under item 35, the applicants
state, and I quote, "The change of zoning for the parcel would allow for a business within the
designated Urban Village which furthers the goals of the CDP by creating jobs within the
village center." However in recent letters to the Planning Commission, Mr. Souza repeatedly
states that he will be the sole employee and therefore employee parking in a non issue. If
that is the case, the only job this rezoning will create is Mr. Souza's. In our opinion, this
rezoning request is entirely for the convenience of one person at the expense of surrounding
properties.
Despite the LDU designation, it is being seriously considered for rezoning. There are 3
similar LDU RS -10 parcels along the highway on the -.
KERN: Thank you, time. Three minutes goes by fast.
LANGER: It does, doesn't it?
KERN: It sure does.
LANGER: Okay, thank you very much.
KERN: And I have to be fair across the board. So with all due respect -. And one quick,
would you sit down for one second. I've got a little housekeeping to do cause I forgot, my
bad. We're going to assume you were telling the truth, but could you please raise your hand
and swear that you were telling the truth today?
LANGER: I am absolutely telling the truth.
KERN: Thank you. Are there any questions for the testifier? Seeing none, thank you. You
may have a seat. You already got sworn in so you have three minutes. Give us your name
and area you represent and you may begin.
12
UMEMOTO: Charles Umemoto. I'm here for Audrey Terada who wrote a letter in support
of the rezoning. Again, she's a nurse in Kau. She drives a long distance and she works the
graveyard shift. And, yes, there is a service facility that is five or ten miles down the road,
but they are an 8 to 5 and they do not offer any roadside assistance. Not everybody is a
member of Triple A, and they have their own membership program. So the general public
being able to get roadside assistance -- and we're not talking accidents, it's simple things like
batteries going out, flat tires, little things where, you know -- having somebody that can reach
you in time of need and provide assistance so that you can get home safely is the real key
here. With my fiance working at night the graveyard shift, she's on the road at off -peak
times, and having the ability for a one -man shop to provide minimal service is something
that, you know, can be greatly appreciated and a necessity, you know, to keep our roads safe.
It can only help the community.
There are nurses, firemen, emts, police officers that drive from Hilo to Kau and basically,
you know, they all work off -peak shifts. And there really isn't that many places to provide
services for them other than, you know, Triple A, which not everybody is a member of. So
the police, the fire, nurses, everybody is in support of this. It's not the idea of a mainstream
fully commercialize shop, but for the necessity of getting you home safely in the event you
do have an emergency. Thank you.
KERN: Thank you. Any questions for the testifier?
ONO: Yeah. I'm sorry, I missed your -. Are you a living resident of Nichols Street?
UMEMOTO: No. I live in Hilo and that's why my concern is that my fiance drives from
Hilo to Kau Hospital. And it's a 115 -mile one -way trip, I'm sorry, it's, yeah, 115 miles one
way, round trip. I'm sorry.
KERN: Thank you. Any other questions? Seeing none, thank you. You may have a seat.
Nobody else signed up from the public to testify.
SOUZA: Can I say -?
KERN: Sure, come on up. Have a seat. You're already sworn in so just give us your name
again and you may begin.
SOUZA: My name is Donny Souza. And also I wanted to say that a lot of memos came in
from different departments, from Public Works, Department of Transportation, Water
Supply, Fire Department, Police Department, DLNR, a bunch of them, and all of them, none
of them were disapproving what I'm trying to do. Everyone was for it, so -. And also I'd
like to show you three pictures from Mrs. Susan Langer's original letter she sent in, all three
pictures she is standing on my property when I'm not at home. She's trespassing. Also,
there are pictures from when the house wasn't even built. So she had it out, she had
something out from before we even started our house. And the last thing -.
LANGER: Can I -?
13
KERN: Not at this moment, please.
SOUZA: The last thing on her comment on noise abatement on the first sentence it says,
While the hum of traffic from the highway becomes a white noise like a fan," she's saying
that the traffic is very quiet. At my property where the site is, the building is going to be, the
traffic is blazing loud, really loud. So that's even one more thing showing that noise
shouldn't be an issue. That's all.
LANGER: Can I -?
KERN: Any questions on that last comments from the applicant? Seeing none, thank you. I
don't think it's absolutely necessary to have a response on that at this particular moment.
LANGER: On the trespassing charges?
KERN: There is no charges made. That was just, that was stated on -. I don't think -.
LANGER: I have -.
KERN: Let me actually defer to my Corporation Counsel on that one.
LEITHEAD TODD: I -.
KERN: Madam Director?
LEITHEAD TODD: I was going to say I don't think we need to -. The photos are clearly
marked that they are taken by a telephoto lens. And I'm going to accept that that's probably
what occurred. And I really would recommend that, regardless of how this turns out, you
folks are neighbors. And for both parties I would say that regardless of whether this
ultimately gets rezoned, whether it gets turned down, you're going to be neighbors so you
need to be mindful of that, that for the next however many years, and eventually resolve the
issues. Cause I found that it is always better if I get along with my neighbors. And so I just
caution you that don't let the heat of the moment get in the way of recognizing that you're
both good people with good intentions; and nobody is trying to really hurt the other person.
Everyone is just trying to do what they think is in their own best interest. And, ultimately,
we will make a decision and, you know, it will eventually make its way up to the Council.
But regardless of what happens, you are neighbors. So it is in everyone's interest that you
folks maintain cordial relations with each other and, you know, get to know each other. And
maybe some of the concerns might get taken care of, just if you take a little bit of time to get
to know each other.
KERN: Thank you, Madam Director. Everybody love everybody. Can I get their
representative to come forward again. You can have a seat. I just want to run something by
you. The possibility of deferring has come up to continue this conversation at a different
level. Would you folks be acceptable with that?
14
SOUZA: Yes.
SUMMERS: Definitely.
SOUZA: Yes.
KERN: And you'd probably prefer to do that at this stage. Okay, great, thanks. You all may
have a seat. Thanks. All right, I'm open for a motion. Commissioner Au?
AU: I'm prepared to make a motion. And I was going to go the other way, but after hearing
what the applicant wants to do I move to defer.
KERN: Is there a second to that?
MOSES: I second. Are we also going to have that site visit? We're going to be discussing
that?
KERN: Well, that's up to us. Now we're open for discussion. So I guess I'll start with that.
That's up to us. There's obviously certain requirements as the Director said that we need to
do. I think it's how we feel. At this point I feel that the conversation between them and the
Department would probably suffice. I don't feel a compelling need to do that myself right
now because they might be resolved this and be agreeable to everybody. But if anybody
feels differently I'm open to hear that. Commissioner Au?
AU: I was prepared to make a motion to just send a favorable recommendation but the
applicants wants to discuss this. I feel that is no need to discuss it, I take that back. Maybe
there is a need to discuss it at the Planning Commission level. But it will be discussed most
likely at the Council level. So, but I did make my motion; but I was going to go the other
way.
KERN: Yeah, I think there are some bugs to be worked out; and I think it'd be a good
process to work that out before we make our decision, you know. So any other discussion?
Seeing none, Daryn.
ARAI: Okay, Mr. Chairman, before I take the roll, I just wanted to clarify -. So the motion
on the floor is simply to defer and there's no consideration for a site inspection at this time?
KERN: Yeah, no site inspection.
ARAI: Okay, also I just wanted to let you know that we are still under the clock for a
recommendation to get to Council. So I am looking at, if a deferral does happen, December
1st a Windward meeting would be the next available meeting. So hopefully everything can
be resolved by then.
15
KERN: And I guess the question should be asked to the applicant as well as to the
Department if that's -?
ARAI: No, no, I'm just saying it so everyone is aware. But we can take care of that.
KERN: Okay.
ARAI: With that I'll take the roll. Commissioner Au?
AU: Aye.
ARAI: Commissioner Moses?
MOSES: Aye.
ARAI: Commissioner Ono?
ONO: Aye
ARAI: Mr. Chairman?
KERN: Aye.
ARAI: Mr. Chairman, motion carries with four aye votes.
KERN: So your application has been to December 1St. Thanks.
The discussion ended at 10:35 a.m.
Respectfully submitted, 1\,,Z " -;1\ik Lc-fY1 Sharon M. Nomura, Secretary
Windward Planning Commission
16
Comm. 526 /Bill 168
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
DECEMBER 1, 2011
A regularly advertised hearing on the application of DONNY SOUZA & MELISSA
MULLIKEN (REZ 11 -143) was called to order at 10:43 a.m. in the County of Hawai`i, Aupuni
Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Zendo Kern
presiding.
COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Stephen Ono and Raylene Moses
ALSO PRESENT: Rene Schoen (Deputy Corporation Counsel), B. J. Leithead Todd (Planning
Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija
Cottle (Staff Planner), Jeff Darrow (Staff Planner) and Sharon Nomura (Secretary).
And 10 people from the public in attendance
ABSENT & EXCUSED: Takashi Domingo and Wallace Ishibashi
APPLICANTS: DONNY SOUZA & MELISSA MULLIKEN (REZ 11 -143)
Application for a Change of Zone from Single- Family Residential - 10,000 square feet (RS -10) to
Village Commercial- 10,000 square feet (CV -10) for approximately 13,784 square feet of land.
The property is located on the northeast corner of Highway 11 and Nichols Road, Ola`a, Puna,
Hawai`i, TMK: 1 -8 -002: 064.
KERN: Okay, last item on our agenda Donny Souza & Melissa Mulliken, change of zone
application (REZ 11 -143), submitted an application for a change of zone from Single - Family
Residential - 10,000 square feet to Village Commercial - 10,000 square feet for approximately
13,784 square feet of land, located at TMK: 1 -8 -002: 064. And this was an item that was
continued. So with that we'll go to staff's presentation. Whenever you're ready, Daryn.
ARAI: Thank you, Mr. Chairman. As you may recall this item was heard by all of you on
November 3rd, at which time you heard from the applicant as well as testimony that was offered
by the general public. At that particular meeting at the Director's suggestion the Planning
Commission voted to continue the hearing to today's hearing in order to allow the Director to
conduct a site inspection of the subject property to meet with the applicant and surrounding
property owners. And in the period since our last meeting she has done just that, and she did
visit the property. So based on her visit to the property and information that was presented at the
last meeting, the Planning Director is offering for the Planning Commission's consideration a
revised recommendation dated November 23, 2011; and that is shown on your yellow, it is in
yellow basically. And this recommendation is a favorable recommendation, which is a change
from the unfavorable recommendation that was initially offered regarding this particular
application. The favorable recommendation is subject to conditions of approval which we have
attached to our recommendation report.
And I, you know, apologize. I didn't have a chance to bring this up with the Planning Director.
But if you were to go to the conditions of approval that are attached to the revised
recommendation report, I'll wait for just a second until you all get there; and so it is on the
yellow sheet. If you were to go to Condition E as in Edward, the condition reads: "The property
shall be developed in substantial compliance with plans as represented in the application." In
further thought this condition is more appropriate to things like special permits and use permits,
which permits a specific type of activity, a specific scope of use. In this particular situation what
we are approving, what we are recommending is a favorable consideration of the change of zone
to a village commercial zoned district. As you know a zoned classification, a zoning district
classification accommodates a range of uses. In a CV zoned area it could be retail use, it could
be multiple family residential use, in addition to the auto repair facility. So we believe that this
condition is inappropriate within the context of this particular request. It seems to lead towards
contract zoning which is something that, you know, we should not be supporting. So with that
said, we would recommend that Condition E be eliminated from the proposed conditions of
approval and the subsequent conditions be realphabetized.
Since our last meeting we have had some additional correspondences that were submitted to our
office. One is a letter dated November 9th from J Blaise and Pamela Caldeira. In summary they
oppose the proposed change of zone request. We also have a letter dated, I think this, you may
have received it earlier because it is dated September 12th but it is a letter from the Na Wai Ola
Public Charter School; and in summary it is supporting the proposed change of zone request.
We also have the letter dated November 30, 2011 from Sandra Pechter Song. She's informing
the Commission that she was initially planning to represent Paul and Susan Langer on this
matter, unfortunately due to a conflict of interests she is informing the Commission that she is
withdrawing as their representative. And, finally, we received two communications dated
December 1, 2011 from Carlsmith Ball LLP. They are submitting information on behalf of Mrs.
Langer. So with that I stand ready to answer any questions you may have.
KERN: Are there any questions for staff? Commissioner Au?
AU: Thank you, Mr. Chair. What was the reason why Ms. Song cannot represent, what is the
conflict of interest?
ARAI: I don't see her here but I think that is something that should be addressed directly to her.
She is simply indicating there is a conflict so she is withdrawing. So it's her personal decision.
KERN: Any other questions for staff? Seeing none, thank you, Daryn.
ARAI: You're welcome.
KERN: Okay, can we get the applicant or their representative to please come forward. And Pll
get you all to raise your right hand today. You all swear to tell the truth today before the
Windward Planning Commission?
2
TESTIFIERS: Yes. I do.
KERN: Okay. And you're the representative?
SUMMERS: Yes.
KERN: You're the applicant?
SOUZA: Yes.
KERN: And you're, of course, for support, again?
UMEMOTO: I'm for support.
KERN: All right. Just bear in mind, again, as we had last time that, the difference between the
representative and public testimony -.
UMEMOTO: Yes.
KERN: Thank you very much. Give us your name and your address, and you may begin.
SUMMERS: Aubrey Summers. I live in Pahoa. You need my actual address?
KERN: No, I actually don't need the address but where you live is fine.
SUMMERS: We received the revised recommendation, and we've had a chance to read through
everything, including the conditions; and we accept those. And I don't think we have any other
questions regarding those.
SOUZA: No.
SUMMERS: So we accept those and we want to reiterate that -.
KERN: Okay, can you -? One second. Can you turn it (volume) up a little bit more. Try that.
SUMMERS: Reiterate?
KERN: Okay, we're good.
SUMMERS: Okay. We just want to reiterate that this is a proposal for a family business. It is
intended -.
SOUZA: It's a small operation.
SUMMERS: Sony.
3
SOUZA: It's a small operation -.
SUMMERS: Thank you, very small operation adjacent to the highway. And I don't know if we
need to go through any of the information that we provided last time, any of the mps, or any of
the documentation. We'd be happy to answer any questions if anyone has any other further
questions. We thought maybe we would allow the public to testify, and then we could answer
any questions that were brought up in that.
KERN: Okay. Do you have anything you want to add now?
SOUZA: Actually Charles has something to say about the road, about Nichols Road. There
were some concerns about that, that -.
UMEMOTO: There were two concerns on the deferment from the last meeting. One of them
was the flag area on the property that we didn't classify what the use was going to be. On this
site inspection by the Planning Director she was able to walk around and see that there is about a
15- to 20 -foot hole. It is a big drop, so it is pretty much an unusable area. The second concern
that we had was that Nichols Road is a private road and there was some concern about
commercial activity being able to access off the private road. Since then we have met with
Continental Pacific, the owner of the property, of the roadway, I should say. And we are in the
process of acquiring that. Hank Correa can be reached; and he can provide any information
provided to give you support that it is in full force and moving forward. An LLC bylaws and a
road maintenance agreement is going to be put forth. Nichols Road hasn't been maintained for
several years. The surrounding neighbors are very appreciative of the work that has already been
done. The consensus is that since it hasn't been maintained for a long period of time to try to
create an association and collect dues would be pretty difficult. However, the surrounding
neighbors are in support of our proposal and we are looking at it sort of as a potluck and get -
together. We'll maintain the road and do a barbecue after, very local style. But, of course, we
will have paperwork provided, and provided to each member. And if the need for an active
association becomes mandatory or as a necessity, we are more than willing to move forward with
it.
KERN: Great, thank you very much. Do you have anything else to add?
SOUZA: No. Pretty much everything was covered in the last meeting as far as all the hazardous
wastes. And all the noise, disturbance, everything was all cleared on that already. So basically
that was the only issue, was the road. And that's about it.
KERN: Okay, thank you very much. Are there any questions? Commissioner Au.
AU: Thank you, Mr. Chair. From your, from the applicant's words and efforts, what efforts
were made? You know, I understand you dealt with the Planning Department, with the Director.
You know, have you made efforts with parties and property owners that are not for your
application?
4
SOUZA: Yes, I have tried to -.
AU: Since our, since our last meeting.
SOUZA: No, I have not. I've been working late. And with my daughter, she just got back from
Oahu so I have, I did not have a chance to. I tried before. And I really don't like the, I don't like
to live that way, you know, with not communicating with neighbors and stuff. I still want to sit
down and talk, talk with Mrs. Langer and hear her issues, if she'd give me a chance.
AU: You know, our Director made a very good point the last time we were all here. You know,
she was saying that whatever happens, you know, you all will be neighbors. So, you know, just
to keep that in mind -.
SOUZA: Yeah.
KERN: Any other questions for the applicant or representative? Seeing none, thank you all.
You may have a seat. And we have two people for the public to testify. And I'm going to
apologize in advance for not getting the name correct, Blaise Caleidra (phonetic) and Kenneth
Goodnow (phonetic). You all may come up, both of you. Whoever will be speaking, please
raise your right hand. I'll swear you in. Do you swear to tell the truth today before the
Windward Planning Commission?
TESTIFIERS: Yes. I do.
KERN: And before we begin, I did not put a time limit on testimony today, but I would really,
really appreciate it if you would respect the time and not get carried away -- that would be
awesome. With that, we'll start this Blaise. Give us your name and area you represent, and you
may begin.
CALDEIRA: I'm Blaise Caldeira. I am a resident who lives across the street from the property.
I submitted some written testimony. And most of my written testimony has more questions than
it has facts on it, questions for the study of the highway and the traffic. And I think that's
probably one of the bigger items for us, is the traffic in front of Donny's property or the
applicant's property. It is on a bad part, bad curve in the highway. And with any kind of
increased traffic it's probably more hazardous to those people going in and out of it. We've
experienced accidents in front of our property because of the outside curve. So I'd like the
Commission to consider at least getting a lot more information on this, probably from the State
DOT, even though the applicant's property is accessed through Nichols Road.
The other part of my testimony is I have absolutely no problems with anyone trying to live and
work at home. I do that. My business is a home, home business and allowed in a residential
area. But what concerns me is things change, people change, the jobs change, the work change,
and what you're attempting to approve right now may not be appropriate in the long term. The
property could be sold, very easily could be sold; and the use transmitted to the next people who
own that place, they can change the use or change the operation and have a greater impact on it.
Say if it's still an automotive operation, then they decide to go into parts, parts service, parts
5
sales, much heavier traffic implications. And there's no reason why you have to get a building
permit or anything for that. It's an auxiliary use to the automotive.
The other way is another owner comes in, perhaps doctor's office, lawyer, whatever it is, a retail
office, you may not have to change the building, you may not have to get a building permit to
have that operation going in there. Again, it could have a major impact on traffic and traffic
control. So whatever decisions you make now should be in relationship to the long term.
My third item is basically the property is on the fringe of the village and there are commercial
properties within the village area that are more appropriate for this particular use. And I
wholeheartedly believe that Mt. View Village has not taken off. I bought my property with the
hope in the long term that maybe I could get it rezoned, because I'm on the highway, too. I don't
foresee that in the very near future because the Village has not grown. It has actually shrunk.
And as a neighborhood village you don't walk to it. I mean there is nothing there to walk to. So
what we're creating is a drive - through, a business, a drive - through business area, not necessarily
supporting the Village. I believe the Village should start and the zoning should start from the
core out. You don't change the zone out of the fringes of an area when the core is not filled.
That's just the way growth occurs. So I ask your consideration on that particular issue when you
do look at zoning this particular property or addressing that question of rezoning. If there was
some mechanism for a conditional use to see how it works, I would be wholeheartedly in favor
of that. I do not, and I am never opposed to the applicant's ability to make a living. That's just
inherent, that's his right. We just have to make his ability to earn a living in context with the
neighborhood and in context with the overall development of the neighborhood. Thank you.
KERN: Thank you. Any questions for the testifier? Commissioner Ono?
ONO: Yes. On the map, where would your residence be?
CALDEIRA: My residence is the RS -20, the long lot right across the street.
ONO: Oh, across the street.
KERN: There are three. There are two shorter ones and one long one.
CALDEIRA: That's correct. I'm the long one. And the adjacent property there on the gray,
that's owned by the party behind; and they have leased it to the school for parking. They're
parking their bus vehicles and everything there.
ONO: So there is traffic because of the parking, the gray area?
CALDEIRA: The park traffic is there. But the big problem is on the outer curve, the traffic on
the outer curve. When you come out on that road, you actually have to creep way out in order to
exit it.
ONO: Thank you.
6
KERN: Any other questions?
CALDEIRA: Excuse me, one other item. The traffic is compounded there because there is a
change in the speed from 55 to 45 at Psyzk Road. And for all practical purposes nobody is down
to 45 when they come to that curve.
KERN: Any other questions for the testifier? Commissioner Au.
AU: Thank you, thank you for your testimony. You know, you brought up your three issues
which are, you know, are very relevant. You know, your first issue, I'm pretty sure you know
about it, the DOT has made comments on August 31, 2011; and they made six comments. We
have it in Exhibit 11. And, you know, you are right. You know, we need to make changes.
When we do rezonings, when we send it to the County Council, we have to assess a lot of
different things, not only for the applicant but also for the future. So I'm very glad you brought
up that point. So thank you.
KERN: Any other questions? Seeing none, thank you very much. You may have a seat if you'd
like. Kenneth, Mr. Goodenow.
GOODENOW: Thank you.
KERN: Give us your name and area you represent or address, and you may begin.
GOODENOW: Kenneth Goodenow. I'm an attorney with Carlsmith Ball on Waianuenue
Avenue. I represent Ms. Langer. Yesterday afternoon at 4:30 she officially became our client.
Sandy Song called me, and I don't think it's inappropriate for me to, since you asked, to kind of
inform you of the conflict. An attorney who works in the same office space as her was related
somehow, and so it was felt that it was not appropriate, previously unknown. So I was reluctant
to take the case when Sandy called, given the short notice. But she, after talking to Ms. Langer
and seeing how important this issue is to her, and after she asked me to drive up to the site -.
And I did that, I went up there. You know, when you drive from Hilo there's a sign that says Mt.
View Village. You turn off the road there, that's where you have the commercial area, the
bakery. Right? You keep going on that road it reconnects with Highway 11. Actually because I
had not read the total file, I tried to drive on Old Volcano Road; and it was kind of good I had 4-
wheel drive. But that's no longer in use at all, the curve portion of the road. You know, when
you drive down that road it's residential, houses. Then you hit, there's Verna's, right, the other
commercial area. And then it's all houses again, all the way till you get down to Kurtistown.
And then there's the 7- Eleven. There's a service station in Kurtistown that does repair. There's
a repair center that no longer is in business, they're trying to lease it out but it's more
commercial area. And then you drive down and there's more houses; and you get to Keaau.
And this is exactly what the General Plan promotes and envisions, that you have the commercial
development clustered. And that's, in my written testimony I really focused to keep it simple on
the requirements of the General Plan and what the General Plan says. And I think it discourages
strip development. It says you want to have commercial uses running perpendicular, not along
or parallel on the road there„ the highway. If you look at the attached Exhibit A that I attached,
this is the LUPAG Map. And you can see where the darker color is the Medium Density area,
7
the lighter color the Low Density. And originally, I mean all of these properties go around that
transportation system. You've got the Old Volcano Road. And those properties that abut that
road in that area, those are the Medium Density areas.
Now it's very interesting that the property by the applicants was originally a smaller parcel. It
was 11,000 square feet. It did not include that flag portion. You'll notice that that, the original
property is completely in the Low Density area. But because there was a resubdivision this little
piece that bordered Old Volcano Road, the traditional road in the commercial area, it got added
on, and they got that little piece of Medium Density. Now the Planning Director, you know, we
can interpret the LUPAG Map. But this is a little different than an administrative decision. You
are deciding whether to recommend approval. And I think it's very relevant, you are the ultimate
arbitrators, if you feel that it is appropriate for this small piece of, you know, property that got
joined to convert this into a Medium Density Area. You know, we really appreciate Mr. Souza
wanting to make a decent living in our down economy. I think Mr. Ono asked a very significant
question. I read the transcript to which Mr. Souza replied that, you know, he currently did do
some mobile repairs, he rented a spot at one of his friend's shop. He says "Yeah, but I can't
afford it. You know, if I was to go, I just, I can't afford to rent a place. There are so much new
places that opened up, and they also can't afford it. You've got to rent, you've got to pay
business insurance, disposal of all, you know, oil and everything -- it's just too much." And we
appreciate him wanting to do what -. I think Mr. Caldeira hit the nail on the head, or the head on
the nail, sorry. He wants a home -based business, which, hey, everyone -. There are a lot of
lawyers that have home -based businesses. But is it really appropriate that you have an auto
repair shop as a home -based business? If you walk on Nichols Street, those are all plantation era
homes. It's all residential. There is the HELCO property, but, you know -.
PUBLIC: Hawaiian Tel.
GOODENOW: Hawaiian Tel, sorry. But, you know, there are so much conditions on that.
That's not a place of business. You go all down the highway, there are really no places of
businesses. They're centered on the urban core, and that's where it should be. And as Mr.
Caldeira said, there are empty commercial spaces in the Village. The original Planning
Department recommendation noted that these existing commercial properties, you know, it's in
an area where commercial, the traffic patterns have been established. The existing infrastructure
could support commercial development in that location.
We have a couple of other concerns. Mr. Caldeira mentioned the traffic. You know, Mr. Souza
said in his testimony that's one of the reasons he chose that property. He said it was "It was not
fronting the highway, so I don't have to make any major road improvements as far as turnoffs
and all that stuff." I mean I appreciate that. Cause, you know, it's hard when you start a
business in Hawai`i. Believe me, I understand that. But this is, it is a commercial operation. It
should be not a home -based business. Nichols Road is a quiet residential neighborhood and I,
you know, I think you can understand my client's distress, you know, thinking that there is going
to be this commercial operation. She submitted a couple of pictures which I included which you
can look at.
KERN: I'll ask you to summarize.
8
GOODENOW: I'm finished.
KERN: Okay. Thank you. Are there any questions? I just have a question. How do you feel
about the school being right there pretty much across the street, and that traffic and use, and busy
GOODENOW: Mr. Caldeira really hit the traffic points well. I think there is a concern. And,
you know, I don't know the school's position. I know the principal did provide testimony but,
you know, I'm not sure what the parents feel. I think really there should have between more
community outreach in that regard. Thank you.
KERN: All right, thank you. Any other questions? Seeing none, thank you. You all may have
a seat.
SUMMERS: Can I say something?
KERN: Sure, you can come up and have a chance to give feedback on that. You're all sworn in.
Just give us your name and go for it.
SUMMERS: Aubrey Summers. I'll just quickly, I think, go through the comments by Blaise
Caldeira. First, highway traffic, I can see why that would be a concern for the members of the
community. However, as we keep saying this is going to be a small business. Donny will be the
sole mechanic. It will be a two -bay facility. It will be by appointment only. He will, therefore,
not be leaving the premises. He will not be creating congestion as he leaves. Therefore, we feel
that it's kind of a one -to -one as far as the amount of people coming in, maybe two -to -one
because he might have two people coming a day. However, this is not a 10 -bay facility where
you'll have people coming and going. It's not a retail facility. You won't have people coming in
and out throughout the day. I don't know why Donny should not be allowed to have an auto
repair shop as a home business. I know that there are residentially -zoned businesses that are
allowed; but he is trying to create a place where he can be closer to his family. He has got two
small girls, one of whom I think we told you already has special needs because she was born at
25 weeks. This would allow him to be closer to the family throughout the day and be with his
family. So I don't understand the argument that this is not an appropriate home business. This is
his business so why not have it at home?
The Community Development Plan clearly shows that his parcel is within the community village
center. The Hawaiian Tel Com property across the way is in use. It creates noise, it is not a
quiet residential parcel. The building that we are proposing will be as close to the highway as
possible with his house as a buffer from the residential, from Mrs. Langer's house. And Donny
is also, I think as he has expressed, clearly willing to talk with the neighbors to try and make
accommodations to try and work with them so that they aren't creating a nuisance, creating any
kind of problems.
Let's see, there were some other comments on the, by Mrs. Langer's lawyer that I'd like to
address as well. First comment is that Donny's property is directly across from the school, a
9
gym, and a park. There are 89 students currently at that school so it's not a quiet neighborhood.
Once again, there is a lot of activity going on, so his business with one or two customers a day
will not be creating more, I don't think, congestion or noise that would be significant in
comparison to what else is already happening along that highway.
The parcel was originally a warehouse. I think we gave you those drawings from prior times. So
we do feel like this is a consistent use of the property over time. His property is not in the
middle of Nichols Road. As you can see, can we, can we go back to the area map? His property
is the one that is outlined. Right across the road is the school. And is there one that shows the
zoning? That shows you, the pink is the currently commercial properties. There have been
comments that Donny should put his business in an already commercially zoned parcel. To me
that's a financial hardship that he -. I mean how can you expect someone who has done all his
due diligence, he has bought his parcel with information telling him that he would be able to
have a commercial business on there, and then change and say now you have to go move your
business somewhere else? So not only can you not have your business here, but now you have to
go and incur other financial hardships in order to have your business.
UMEMOTO: Charles, Hilo. I think there was a little bit of misconception on the verbiage that
they used. It's not the idea that Mr. Souza does not want to rent some place. It's just that
financially there's a reason why there are vacant commercial properties. He's trying to juggle
commercial rent plus the mortgage and the necessities that he will need to do for running a
commercial operation. You know, it just makes more financial sense. If you're on the same
property that you reside and you're paying your mortgage, that's basically not duplicating cost in
terms of renting a commercial facility and also your primary residence. We can definitely
appreciate the concerns that were put forth. I think one of the major things that Mr. Souza did
was when he acquired the property he knew that the road was ill- maintained, I should say. There
was single eight- to nine -foot wide access. And in the pictures that you've seen and from the last
meeting you'll notice that he has actually created two entrances. They are double the width of
what it used to be. There's better visibility by the removing of all those overgrown gingers. So
he has actually made it into a safer place; and that's why the surrounding neighbors, the majority
of the surrounding neighbors, are so appreciative and so behind him for his proposal.
You know, they make a good point about the commercial village. But the problem with the
commercial village is that there's basically, it's 12 lots encompassing 4.39 acres, and half of
those properties are on a road that does not exist, or Volcano Road does not exist. If you look at
the properties that face the highway, and you do a search, you will see that several of the
properties are owned by the same owner. And the reality is that those properties have not come
up for sale. It's great that there are commercial properties. But if they are not available to
somebody who would like to do something, then it doesn't make any sense. You know, the idea
of rezoning this property makes perfect sense because, yes, it is right on the edge. There is
already industrial zoned property directly across. There is commercial activity, and there is a
school, there's the park, there's everything that surrounds it already. What he has done was
created a better safer area, you know. And actually by him cleaning up those roads and making
it safer it actually helps the school across. And the school has seen that, and that's why they're
in full support as well.
10
KERN: Thank you. Any, Commissioner Ono?
ONO: Yes. I'm not aware of how do you define a small business. But in your case, what would
be the amount of inquiries or repair service you would need per day to survive?
SOUZA: The warehouse or the building I'm going to put up is a two -bay building. And as far
as, I'm working by myself, I only can work on so many cars at a time, probably one or two a
day.
ONO: One or two a day. And looking at the map, I'm just wondering in terms of your clientele,
can you really generate that type of business in your area?
SOUZA: Yeah. I do some work for the National Park and also a couple of other companies,
Sunshine Fencing, and that should be plenty enough already.
ONO: Oh, I see. Okay, so you have some large businesses that are willing to give you their
business?
SOUZA: Yeah, yeah.
ONO: Okay, thank you.
KERN: Any other questions? Any other brief comments?
SOUZA: I'll just clarify one more thing. Across the, directly across from Mr. Caldeira's house
is the school; and their traffic is far more than what I ever am going to have. And they all, it's
there every day Monday through Friday. Everybody is used to it already. So as far as how much
traffic coming and out of the road, it's not going to be very much.
KERN: I've got a quick question. You know the flag part that goes up to the back road in Mt.
View Village, is that, could you actually drive through that? Is there no way?
SUMMERS: The road is actually unimproved in that portion.
KERN: Yeah, I realize that. Is there a way to -?
LEITHEAD TODD: Maybe I can answer this.
KERN: Madam Director, thanks.
LEITHEAD TODD: When I went out to the property -. In part I drove the Old Volcano Road
which if you look up there it looks like it curves back and there's actually two pieces of the Old
Volcano Road on the highway. That curve back, that little "s" does not exist. It is overgrown
with vegetation. If you come back towards the end where his property is, the road starts
breaking up. And I'm not sure what the condition was prior to him building his house. But
where his house currently is on the property and looking back at that little piece of the flag that
11
goes off, there is a drop -off. So that it makes it, at least in its current configuration, virtually
impossible to access the property from that angle. I know that at one time you could drive
through there because I think that was the entire purpose of the way that was configured --
because the cane trucks could not make that turn back onto the highway, so they came through
that little piece of the flag. But I was surprised because when I, you know, part of it -. When I
looked at these maps originally, I thought that that road existed; and it only exists on the map.
And that area is quite a bit overgrown.
I did want to make one comment. I know that you mention that most of the neighbors were
happy with the clearing of the vegetation and the additional entrance. I know that there has been
some concern that that reduced the privacy for some others because it removed those bushes.
And so, you know, at some point when you are talking about what you improved and what the
access is, that may be consideration that you may want to discuss with your neighbors.
KERN: Thank you, Madam Director. Any other questions? I'll make more of a comment and
hope I'm not getting into the discussion topic yet. I mean I think a big concern is that you are
getting the rezoning which means you can do, if you get the rezoning you can do whatever you
want there. And so we really are having to look at it as is your intention really, really true? Are
you really, really going to be there for the next 10, 15, 20 years? I think if that were known and
that were a condition and that is what it was, it would be probably less contested in a way. But
when we are looking at this it's for a full on rezone, which means you can have a 7- Eleven there,
possibly. I mean, I'm not saying that, that's the facts. That's what this application is.
SUMMERS: Right. And we did include in our comments some information regarding that, you
know, looking at the feasibility of that. Financially it would be ridiculous for someone to put
something like that in there based on how much he would need to sell it for to pay off the
mortgage on his house and the shop. There are conditions that can be imposed by, I think it was
the HRS, that we included, stating that liquor could not be sold on that premises because of its
location.
KERN: Correct. There are some restrictions on there but -.
SUMMERS: And the size of it too is quite small so -.
KERN: I just wanted to let you know I think that's why there is this, and I'll leave the rest of it
for my discussion.
UMEMOTO: If I may, I wanted to bring up one point. Mr. Caldeira is basically saying that you
guys got to look at the future when making a decision today; and that's absolutely true. I think in
looking at the future we've got to realize that a lot of our young local families are moving
elsewhere because there are no job opportunities, which is really sad. And the ones that are
staying, they are moving to the rural areas because of affordability. I ran a search through the
Multiple Listing Service for the past three years and basically 61.67% of all land sales on island
is based in the Puna district, you know, 44% of all sales is all Puna. And I ran a search through
the County in doing the permit reports as well. From January 1st of this year to August 31S` of
this year, 176 building permits, residential permits, were issued in Puna, 39 in the other districts,
12
and 72 in North and South Hilo. I think this is telling us that the rural areas are growing and they
are going fast. And it may not be today that this area would have to be rezoned, but down the
road it is going to be a necessity because we do need to satisfy and provide safety benefit
services to the surrounding areas.
KERN: Madam Director, you want to comment?
LEITHEAD TODD: I was going to say that, Mr. Souza, what are the hours of operation that
your business will be open? I think that that would be a concern for your neighbors. Are you
going to be operating in the evenings?
SOUZA: No. It's day time, 8 to 5. I've got a family too. We're all going to live on the, it's on
the same lot. So just 8 to 5.
LEITHEAD TODD: And what about noise?
SOUZA: As far as noise, like I said, across the highway like at Mr. Caldeira's house, the back of
my building is not going to have, no windows, no doors. He won't see anything I am doing, he
won't hear anything. It's far away. And then my house is totally blocking Mrs. Langer from her
site and her noise also. So I don't see an issue.
SUMMERS: And mention your tools, too.
SOUZA: Oh, yeah, and my tools is all expensive, like Snap On; and the compressors are really
quiet; and it is going to be in an insulated area, yeah.
LEITHEAD TODD: Because I think that is one of the concerns, that when you are operating
whether the noise, and I think the way -. Your neighborhood to me is like, yes, the road is noisy,
but because it is constant it kind of becomes like background, like white noise. Right? Cause it
is constant. But the concern is that when you are operating your equipment, you know, so you
have this constant noise and then all of a sudden you got this "POOF ", which is far more jarring
or disturbing to neighbors. So there was concern expressed to me about, you know, what kind of
mitigation measures will you be taking because, and that will be hours of operation, what type of
equipment, are you going to, you know, be working in a situation so that the noise isn't basically
going beyond the, you know, very far from the building. And so, you know, it may not be
appropriate today, but there are some issues and concerns about that. And at some point I think
that discussion if not being held here is going to be held at the Council in terms of what are
reasonable hours of operation, and what you can do to mitigate noise.
SOUZA: And like, again, the noisiest thing I'm going to have is my compressor. It is going to
be in the building and insulated. Next door there is one, it sounds like it is pretty much outside.
SUMMERS: At the Hawaiian Tel.
SOUZA: At the Hawaiian Tel. They've got a compressor right now. So -.
13
SUMMERS: This will be nothing like that.
LEITHEAD TODD: My understanding is that there isn't that much noise that comes from the
Hawaiian Tel site.
SOUZA: There is. She's been at my house, he has, they -.
LEITHEAD TODD: Well, at least, you know, when I talked to the neighbors, they felt that
Hawaiian Tel had come in and addressed that. And so at this point I'm not concerned about that
cause it is existing. I'm concerned about additional. And so you need to be thinking about that
cause if it has not gone in today, it is going to be an issue when it gets up to the Council because
there is going to be a concern. And it's not uncommon to talk about what is the noise decibel
level that your equipment is going to raise and what is the decibel level going to be at the border
of your property because you're surrounded by residential behind you and off to the side.
You've got industrial on one side and commercial off, you know, the other side. I don't think
the concern is going to be as much across the street with Mr. Caldeira but it's going to be a
concern particularly with the Langer residence behind you as to what is the decibel level going to
be at the border of your property, and is that going to be something that impacts on their
enjoyment of their property. So it would probably be good to be thinking about that and to kind
of have some kind of an idea of what type of noise levels you will be generating.
UMEMOTO: If I could?
KERN: Be brief.
UMEMOTO: Sure. In the response that Mr. Souza had sent in there was an itemization of tools
that he would be using that showed the decibel levels and the distance drop showing what
decibel levels would be at the surrounding neighbors. So basically there's a standard ratio that
you will use that will be determined at the site of the tool, basically how the sound travels and
what the decibel levels will be. There are, when he's talking about insulation, there are
insulation blankets for compressors that quiets, that reduces the noise significantly. And being
that it will be located within the building, it will be real quiet. These are tools that you can buy
from Sears as well. So these are residentially- approved tools as well. These are not fully
commercialized tools.
KERN: Great, thank you. Any other questions for the applicant or their representatives? Seeing
none, thank you. You all may have a seat.
AU: Mr. Chair?
KERN: Yes, Commissioner Au.
AU: Could I bring the applicant and the applicant's representative forward. I'd like to ask them
a few questions.
KERN: You mean the -?
14
AU: Not the applicant.
KERN: You all may have a seat. Yes, Mr. Goodenow, please come forward. Did you want
Mrs. Langer too or -?
AU: Yeah.
KERN: Are you going to ask Mrs. Langer any questions directly?
AU: Yes.
KERN: I'll swear you in. If I can get you to raise your right hand. Do you swear to tell truth
today before the Windward Planning Commission?
LANGER: I do.
KERN: Very good. Commissioner Au.
AU: Mr. Goodenow, you said that you just got your client at 4:30 yesterday afternoon. Is that
correct?
GOODENOW: That's correct.
AU: Okay. I'm going to ask you guys, the both of you guys, the same question I asked them.
What have you done besides conferring with the Director, with the Planning Commission and
with the Planning staff? What have you done with your neighbors, specifically the applicant?
What kind of efforts were made?
GOODENOW: Let me just state that my client is fully ready, and willing and able to meet at
any time. But the burden of persuasion is upon the people applying for the change of zone. And
we're ready to discuss. We'd be happy to talk to them. And I still make that, you know, -. I
don't know if you want to add to that.
LANGER: Well, we did -.
KERN: Use your microphone, please.
LANGER: Oh, I'm sorry.
KERN: No problem. And give us your name and where you represent.
LANGER: My name is Susan Langer. I represent myself, I live in Nichols Road.
KERN: Perfect. Thank you. You may begin.
15
LANGER: Thank you. We did receive a letter from the applicant. And the letter states that if
you have questions or concerns you can call or write the Planning Department. And when I
wrote to the Planning Department it was explained to me by very patient staff that they weigh,
that this was how the process worked and if I wanted to, if the property qualified for the zoning,
it would be rezoned, but the only way I could actually influence it with mitigating factors was by
expressing my concerns in writing, which was what I did. And I asked questions with my first
testimony, my first letter. Many of my questions were answered by the staff. I didn't really
understand all of the zoning issues. I do understand that CV 10,000 really meant CV- 7,500.
You know, it was just, this is all very new to me. And so I had other questions and concerns, and
I kept asking; and I was told that that was the process and really how I should approach it.
KERN: Okay. You want to add to that, Commissioner Au?
AU: Yeah. You know, I'm fairly disappointed. From our last meeting, my indication was that
you guys were going to go back, work with the Department; and I was hoping you'd work with
each other and try to come to some terms of agreement. And, you know, to me it doesn't matter
what happened. The fact of the matter is you guys didn't even discuss. And, you know, our
Planning Director is saying that there is noise, there was an issue about noise, which is fair, and
that should have been brought up to the applicant. And maybe the applicant should have talked
to you and say what they're going to do, rather than telling us and going back to you. You know,
I was just hoping that there would have been some kind of an effort on both parties, on both
parties, not only yourself but as well as the applicant.
KERN: Any other questions?
GOODENOW: Let me make one brief comment in response, very brief. Section 2.1 of the
General Plan states that the economy should not be considered as the primary focus of the
General Plan. And we can understand, you know, Mr. Souza's desires. But the planning
process, and I'm quoting again from Section 2.1 of the General Plan, "The planning process is
geared towards the achievement of a higher quality of life for the residents" and that's what
we're talking about. Imagine, I mean, and I have no reason to disbelieve them. I'm sure they're
perfectly good people. But there is no condition saying that they have to follow the plans. It
could change. There could be any kind of operation there. Once it is in place, she wakes up and
there is loud noise, what does she -? You know, I think you need to think very carefully about
putting something like this on a residential street. Thank you.
KERN: Thank you. Are there any other questions of the testifiers up here? Seeing none, you all
may have a seat. Okay, we're at the motion - making time. Anyone care to make a motion?
AU: Mr. Chair?
KERN: Commissioner Au.
AU: Okay, thank you, Mr. Chair. I move to send a favorable recommendation to the Hawaii
County Council for the application of change of zone, applicants Donny Souza and Mellissa
Mulliken, with the Planning staff's amendments.
16
KERN: Okay. And then, thank you. There was no open motion from the previous, right? It
was just, the motion was just to continue it, it's done, we're good?
LEITHEAD TODD: Yes.
KERN: Okay. Is there a second?
MOSES: I second. But I'd like to make a comment. Or is it after -?
KERN: Yeah, if you second -.
MOSES: Second.
KERN: Now we're open for discussion. We can talk about it, the motion can be amended. And
we're open to have that now. Commissioner Moses.
MOSES: Chair Kern, you know, it's a tough decision that we have to make when we are sitting
up here. And we are fully aware of the consequences and impact it has when we make these
types of decisions. And it is always difficult when you cannot come together and agree on
working it out yourselves. But I think as the Commission, and I speak for myself, is that we did
our due diligence in that we had hoped that you could work it out and we even had our Planning
Director go out and visit the place. And I will support her professional opinion. And she herself
made the decision to change that recommendation that she previously recommended prior to this
time. And so, yes, anything can happen. Once this goes through, this zoning goes through, if
Donny decides not to continue and sell the property as is with the new zoning attached to it -.
But he has presented his plan and based upon the knowledge that we currently have we have to
make the decision that we are given full knowledge and access to. And so with that, that's my
only comment. Thank you, Chair.
KERN: Thank you, Commissioner Moses. Any other discussion? Commissioner Au?
AU: I'd like to discuss, and maybe hear what Fellow Commissioners have to say about traffic. I
spend at least once a week out in that area. I am very happy that the gymnasium was opened, so
I go up there and I play basketball. I play, I go there at night and there is traffic there at night.
You know, a lot of people travel that road going up to Volcano. And, you know, during the day,
it is even busier with the school there. So, you know, traffic by, the neighbor across the street
brought up an issue about traffic. I think traffic is not really going to be too much of an issue
because there already is a lot of traffic. So, maybe, if Commissioners want to kind of, if you
have any comments about that?
KERN: Okay, I have some comments, whenever you're done.
AU: Okay.
KERN: You want to add more, go ahead, Commissioner Au.
17
AU: Also, the second thing, you know, I appreciate Mr. Goodenow bringing up, talking about
the General Plan and talking about what is supposed be there. Because it is very true, and my
Fellow Commissioner just said that, you know, we have to look at a lot of different things. And
not only do we look at the future, we look at the present, and we always refer back to our
Director. So, you know, I am very glad you brought up all those points. And, you know, we are
reviewing everything.
KERN: Any other discussion from any of the Commissioners? Seeing none, I'll put in my two
cents. Regarding the traffic, I think if the applicant actually does what he says he is going to do,
I think it will be minimal on the traffic standpoint. To me it is really based on the decision do we
really believe the applicant on what they say they are going to do, and are they going to have the
integrity to do that. I think, potentially, in 10 to 15 years from now we're going to see a lot of
that area rezoned and it will probably be a commercial hub. If they don't do what they say they
are going to do, I could see that kind of being problematic and we might be looking at a different
decision. I wish we had some sort of special use permit process we could do on a property zoned
like this. Unfortunately we don't. It's basically a rezone if somebody wants to do this.
I, you know, I try to read people's character and what they are about. And I honestly think he's
going to do what he says he's going to do. I mean, to live in the community, I live in a
community. We are going to be watching, we're going to see and -. You know, if the person
wants to continue and they don't hold their integrity, they probably are going to have a harder
time doing business in the community. That's what I always believed for myself. You know,
being in business young, if I don't hold my integrity and do what I say I'm going to do, I won't
make it very far. So I want to hold that belief. I want to support it. And if I really had my ideal
way, that road would connect to the highway and they could access it off the flag portion of the
lot; and there would probably be a lot less issues here. But that isn't the case, as I kind of
likened to earlier. So, yeah, I don't think the traffic is going to be that bad, honestly, as long as
they do what they say they're going to do. And that's all we can really trust at this point in time.
So we're either going to trust you or we're going to not believe you. And I would like to trust.
And please don't make myself and my Fellow Commissioners look foolish and have egg on our
face. So, I'm going to support. Any other discussion. Seeing none, Daryn
ARAI: Thank you, Mr. Chairman. With that, the motion on the floor is a favorable
recommendation to Council as recommended by the Planning Director with conditions, and
amendments as recommended by the Director.
KERN: And quick comment, you all should talk about it and get along before it goes to Council.
I would really hope you all could do that. I know it's, and it really is upon you guys. You guys
are changing the area, make the effort. I know it's hard to work and everything like that, but do,
I think, communicating; and some compromise really goes a long ways. It truly does. Sony,
Daryn, thanks.
ARAI: Okay, roll call. Commissioner Au
AU: Aye.
18
ARAI: Commissioner Moses?
MOSES: Aye.
ARAI: Commissioner Ono?
ONO: Aye.
ARAI: Mr. Chairman?
KERN: Aye.
ARAI: Mr. Chairman, motion carries with four aye votes.
KERN: You'll be notified in writing of the decision.
The discussion ended at 11:42 a.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
19
Comm. 526!Bill 168
DONNY SOUZA
and
MELISSA MULLIKEN
CHANGE OF ZONE APPLICATION
(REZ 11 -143)
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The applicants are requesting:
A Change of Zone from Single - Family
Residential - 10,000 square feet (RS -10)
to Village Commercial - 10,000 square feet
(CV -10).
To establish an approximately 1,800-
square foot automobile repair shop.
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Planning Director's
Recommendation
Favorable Recommendation
With Conditions