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HomeMy WebLinkAboutCOM 0526.002 2010-2012January 18, 2012 Hawaii County Council Planning Committee co,,,* jTY CLLR K r+ r A 2012 Jill 18 All 9: 37 RE: Opposition to Bill 168, Souza /Mulliken rezone, CV -10 to RS -10 Aloha, PlPc. CoMM. 526 My name is Susan Langer and I live at 18 -1358 Nichols Rd. with my husband and 90 year old Mother. Our RS -10 residence is situated on a hill adjacent to and overlooking the Souza /Mulliken property. We purchased our home in 1994 because we wanted to live in a rural /agricultural neighborhood. We like being near Mt. View Village, but the village is a separate area from our neighborhood. We oppose this rezone amendment and are in complete agreement with the Planning Department's original "unfavorable" recommendation stating that this proposed rezoning was not consistent with the Land Use and Commercial Elements of the General Plan. A copy of the Planning Department's original recommendation is attached as Exhibit "A ". We agree with the reasoning provided in this recommendation: 1) the project location is situated in the Low Density Urban area, 2) immediate surrounding properties are in single - family use, and 3) existing commercial zoned lands are already located in Mountain View Village where commercial uses and traffic patterns have already been established. To summarize the application: Our neighbors purchased a vacant RS -1o, 13,784 ft. lot in 2010 and constructed a two story house with a 1,750 sq. ft. footprint. They are proposing to build an 1,800 sq. ft. car repair shop in their front yard in an area comprising 7660 sq. ft. with 6 parking stalls (Please refer to engineer's site plan measurement Exhibit "B "). To put things in perspective, i800 sq. feet is the size of a 3 bay commercial auto shop. The business will share parking ,with the existing residence. The area of the parcel where the house and proposed business is located is entirely "Low Density Urban" on the LUPAG map (Exhibit "C "). A small and inaccessible area of the property is designated "Medium Density Urban. The property and its access are entirely within the Nichols Road neighborhood as there is no physical connection between it and Mt. View Village. We strongly oppose this rezoning request for many reasons: 1. The change of zone allows for unsuitable present and future uses for this small parcel with poor access. Any business now or in the future can have up to five employees without consideration of limited parking. The Applicants could now, without changing their building permit, open a retail store with even Comm. No, S 2-(.. L Ref. To: /2)/ Ref. Date JAN 1 8 2012 greater traffic impacts. A fast food restaurant would be allowable with very dangerous access from the Highway on a blind curve in either direction. Our concerns regarding our neighbor's business proposal are based on our experiences operating a small business for 15 years in close proximity to auto repair shops in Honolulu. We are not imagining what it's like to be their neighbors, we know. 2. The applicants are proposing a major repair establishment on a house lot. Defined by the Hawaii County Code a major repair establishment provides "repair activities which are likely to have some impact on the environment and adjacent land uses by virtue of their appearance, noise, size, traffic generation or operational characteristics. Major repair establishments include: ... gasoline and diesel motor repair... heavy equipment repair... vehicular repair, including repair of body and fender, and straightening of frame and body parts." Mr. Souza states in written and public testimony that he provides fleet maintenance for the Hawaii Volcanoes National Park. Two letters of support from Park staff indicate Mr. Souza will be servicing Park fire engines and other fleet vehicles at Mr. Souza's facility. The 2008 business plan for the Park states that "Excluding Law Enforcement, 96% of the Park's fleet is comprised of large vehicles ". The Park also employs two full time mechanics to perform priority repairs. We are not "anti business ", we are former small business owners and we understand the appeal of a home based business. We would support any home based business allowable in an RS -10 neighborhood. This proposed use is decidedly not a home based business and there will be negative neighborhood impact. 3. Noise levels will very likely exceed those allowable for a business next to a residence. Because we are located uphill and overlooking the subject property and because of the configuration of the proposed business opposite the two story house there will likely be a "canyon effect" of sound reverberating between the two buildings and increasing the ambient sound level up to our house. Our lanai is 68 ft. from the Applicants' property line. The Applicants claim their house will block the sound but that building is only partially between us and the proposed business which has a larger foot print than the house. Anyone who has ever patronized an auto repair /body shop has experienced the unpleasant noise levels they generate, yet no acoustical engineering study testing diesel engines, compressors, or pneumatic tools applied to metal surfaces factoring in the canyon effect has yet been conducted or even proposed. 4. Toxic fumes vented from the business will not dissipate in voggy conditions but will rise up hill with the vog to our house. As we can smell our neighbor's BBQ when they are grilling in their front yard we are not reassured that we will not be subject to these fumes. 5. Inevitable incidental off site parking because of the small area afforded the business on the lot, shared parking with visitors to the residence, and the nature of the business. Where will the commercial dumpster for used auto parts and commercial waste be located on this crowded site? Where will used tires and batteries be stored? How will delivery and tow trucks pull in and out of the property. It is our experience that people park wherever it is most convenient and our unimproved road will never meet standards for offsite parking. 6. This rezoning request meets the very definition of spot zoning, namely, the zoning of a small parcel in a manner inconsistent with existing zoning patterns, for the benefit of the owner and without any substantial public purpose. Our community is not underserved. There is a large 5 bay auto repair center in Kurtistown with an emergency towing service 5 miles distance. There is in the same area a vacant auto repair shop. There is available commercial space in Mountain View Village. 7. The peaceful and quiet character of our residential neighborhood and the home we love will be lost forever by the commercialization of our road and the proposed industrial use of this property. If auto or truck repair /body shops were such benign neighbors they would be common to neighborhoods for everyone's convenience but that is not the case. They are concentrated in industrial, commercialized areas where we expect noise, and fumes, and chaotic parking and traffic patterns, but not where we live! Can we now expect tow trucks driving through our neighborhood at any time and backing onto the rezoned parcel? 8. The greatly diminished enjoyment of our property. My elderly Mother is blind and confined to a wheelchair. She does not feel comfortable leaving the familiar environment of our home where I have cared for her the past 10 years and her only enjoyment of the outdoors is on our covered lanai. During the construction phase of our neighbor's home and the building of their rock wall along the highway using pneumatic tools, we were unable to hear one another talk and were driven inside. Even there we were unable to escape the noise pollution echoing up to our house. As Mom's caregiver, leaving home only for necessary errands when someone else can stay with her, we are both shut ins and our home is our entire world. Thank you for this opportunity to present written testimony. Sincerely, Susan Langer J.0,%--3-t---- 3 Elttittl%r RSousaMull ikenREZ. doc- 1015111 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DONNY SOUZA and MELISSA MULLIKEN CHANGE OF ZONE APPLICATION (REZ 11 -143) Upon careful review of the request, the Planning Director recommends that an unfavorable recommendation for 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 position based upon additional information presented at the public hearing. This unfavorable recommendation is based on the following findings: 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 be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the entire island. The property is an approximately 13,785 square foot property on the northwest corner of Nichols Road and Highway 11 in Mountain View. The property has been improved with a two -story single - family dwelling and a low rock wall. The applicant requests 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. Parking will be provided on -site. The property is an irregular shaped parcel, with the access pole portion of the property connecting to the Old Volcano Road as it appears on the subdivision map. However, this access pole portion is overgrown with vegetation. Originally, this parcel was approximately 11,660 square feet in size, with no access pole. The access pole portion was created under Subdivision No. 5501 (consolidation and resubdivision) approved on January 23, 1987 which shows a connection with Nichols Road and the Old Volcano Road. The property is zoned RS -10, which is the original zoning for the site when the zone district maps were adopted in 1967. Immediately adjacent properties are zoned RS- 10 and in single - family residential use. 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 the 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. The ML -20 zoning is the original zoning for the Hawaiian Telcom site. Properties across Highway 11 are zoned RS -20 and in residential uses. The proposed change of zone request would not be consistent with the Land Use and Commercial Elements of the General Plan. The existing zoning has been shown to be consistent with the Land Use Single - Family Residential element of the General Plan. However, the request would not be consistent with the Land Use Commercial Elements of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also 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. It also serves as the guide to coordinate these uses with the County's service and circulation systems. Likewise, the Land Use Element includes a Commercial Development aspect that requires the same consideration. The Land Use and Commercial Elements require an evaluation of a change of zone request for a particular area in relationship to the following goals, policies, standards and course of action: -2- Land Use * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Commercial Development * Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. * Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Based on the above, we are required to look at the overall picture as to the appropriateness of the request for a particular location using the above guidelines. While the request is to establish an automobile repair facility on the site, a change of zone to Village Commercial (CV -10) would allow other commercial uses to be established on the property. If approved, commercial uses allowed by the Zoning Code in the CV district could include, among others, indoor amusement and recreation facilities, bars, boarding facilities, churches, general manufacturing, offices, public uses and structures, publishing plants, restaurants and schools. These uses allowed in a commercial zoned district would clearly not be compatible in this largely residential area. Existing commercial (CV -10) zoned lands are already located north of the site, between Highway 11 and Old Volcano Road, approximately fifty feet from the subject property, where commercial uses and traffic patterns have already been established. Existing infrastructure could support commercial development at this location. The -3- project site fronts Nichols Road, a private roadway with an approximate 20 -foot wide pavement width with rough gravel. In order to establish commercial uses on the property, Nichols Road must be improved to commercial standards, which require a 60 -foot right - of -way with curb, gutters and sidewalk. The Department of Transportation prohibits ingress and egress from Highway 11. Thus, the proposed commercial use cannot be accommodated at this time unless significant improvements are made to that portion of Nichols Road fronting the property. Further, and most importantly, the request is inconsistent with the General Plan LUPAG map, which shows the property as situated in the Low Density Urban area. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan provides a graphic depiction of the spatial relationships among various land uses and the expressed policy statements of the document itself and establishes the basic land use pattern for areas within the County. While this designation would allow neighborhood and convenience type commercial uses in the Neighborhood Commercial (CN) zoned district, the CV designation is more appropriate in the Medium Density Urban or Urban Expansion designated areas. Thus, to establish the automobile repair shop in a CV zoned district, it would be necessary to obtain a concurrent General Plan Amendment and Change of Zone. However, the Director is not in favor of a General Plan Amendment to accommodate the proposed use. Although there are commercial uses in close proximity to the project area, immediately surrounding properties are in single - family uses. While this request is determined to be within the confines of the Preliminary Village Center boundary depicted for Mountain View in the Puna CDP, it would nevertheless add commercial uses in extremely close proximity to existing residential uses in the immediately adjacent area. Under Section 5.5.2 Criteria for Proposed Locations and Boundaries, the Puna CDP defines three types of centers — regional, community, and neighborhood — differing in sizes /ranges according to their intended functions, and suggests locations for the various village centers. The subject property is located in the Mountain View Community Village Center in Figure 5 -5 of the Puna CDP. Spanning approximately 85 acres, the -4- preliminary boundaries of the village center includes the Mt. View Elementary School at the eastern boundary and the Hawaiian Telcom site at its westernmost boundary, across from the subject property. A park, the Mt. View Theater, and small residential lots are also included in this commercial core. However, although this property is located within the preliminary boundaries of the community village center for Mountain View, the Puna CDP clearly articulates that "there should be land available for community and residential uses within the village center" and "the maps....are not meant to be precise or strictly interpreted, rather as guidelines for reviewing the requests for village center floating zone designation...." As such, the maps are meant to serve merely as a guide to development. In this case, as properties along Nichols Road as well as across Highway 11 are mostly in residential uses, it would be more prudent to retain the largely residential character of the neighborhood along Nichols Road. This is further supported by the GP LUPAG map, which identifies the property as Low Density Urban. Commercial uses could be more appropriately established in the commercial area in the CV -zoned area proximate to the site. Therefore, from a land use perspective, to allow additional higher density commercial uses through the CV zoning in this General Plan Low Density Urban area would be inappropriate at this time. Based on the above, the request for a Change of Zone from a Single Family Residential (RS -10) to a Village Commercial (CV -10) zoned district would not result in an appropriate land use pattern and would not further the public convenience, necessity and general welfare. Therefore, it is recommended that this request be denied. A draft bill to amend Section 25 -8 -23 (Mountain View Zone Map) of Chapter 25 Zoning Code of the Hawaii County Code 1983 (2005 edition) is provided for your information. However, please note that due to the denial recommendation, there are no conditions attached to the draft bill. E1 % S vz ('3 w CMF Engineers, Inc. August 9, 2011 Susan Langer Mt. View, HI Re: Area calculation: Site Plan for TMK 3 -1 -8- 002:64 Dear Susan: In response to your verbal request I have calculated the surface area of that part the subject site plan shown in Green on Figure 1 attached to this letter. The area calculation was made by scanning the site plan and enlarging the image to a scale of approximately 1" = 20'. The dimensions were then measured and the area calculated using geometric formulas.* The area in Green on Figure 1 has a calculated area of approximately 7,660 square feet. I have rounded that value up to 7,700 square feet, as shown on Figure 1. If you have any questions, please contact me. Very truly yours, Geoffrey Casburn, P.E. Licensed Civil Engineer, Number 8416 -C My license expires 04/30/2012 Enclosures: Figure 1 *Area determination was not based on the parcel legal description. LICENSED PROFESSIONAL ENGINEER No. 8416 -C 185 LAHAINA STREET HILO, HI (808) 961 -9142 cmf @hawaii.rr.com PROJECT VICINITY LOOAT I ON MAP �X1{1t�IT "r3'l TO HILO Y ■ Overhang EXISTING RESIDENCE o „s ue oa >>s 10' -0' 5ET13A4,1G LINE SIDE AND REAR 5EGTBACK AT FRONTS) Area = 7,700 Square Feet HI6W AY li DONNY SOUZA AND MELISSA MJLLIKEN TMK (5) I- B- 002:064 APPLICATION FOR ZONING GHANSE FROM 85-10 TO CV-10 SITE PLAN I/52" = I' -0" Source: Site Plan attached to Letter dated July 8, 2011 (Summers to Snyder) Langer Letter Figure 1 August 9, 2011 2-Y\ K\i `c " Cow.)-ne OF RP1W Ut 6FiE,ts L PLr9n) Low DENSitrr LA, aSAKI Ids R5-10 441•A 50 \AO") @P MD'AI1 Ot,NStT• %RaAa C-matA) 4-5