COM 0526.028 2010-2012 - Laserfiche WebLink

Home

Hawaii County Council Planning Committee Opposition to Bill 168,Rezone Application:TMK(3)1-08-002:064 September 06,2012 Page 2 of 3 the neighborhood,including the greatest negative permitted use,I must also address the applicant's proposal and upzoning consequences. 1. The Applicant's proposed use of an automobile repair shop is not a permitted use in the RCX Residential-Commercial Mixed Use District;however a service station(and incidental repairs) is permitted. Applicant's previous testimony did not mention a service station as a proposed business. 2. In the CN Commercial Neighborhood District one of the acceptable uses is MINOR REPAIRS,which allows automobile repair and auto painting.Based on my understanding of the Applicant's previous testimony,their operation would be a small family business automobile repair shop. A rezoning request to CN Commercial Neighborhood District does essentially meet the condition to accommodate a small family-business limited automobile repair shop. 3. The Applicant's request for a CV-10 Commercial Village District includes the permitted use of MINOR REPAIRS (automobile repairs) and has a permitted use clause that includes REPAIR ESTABLISHMENT-MAJOR WHEN NO MORE THAN FIVE EMPLOYEES. Major repairs allow: Industrial Machinery,Heavy Equipment Repairs,and Body and Fender shops including straightening frames. Based on my understanding the Applicant's previous testimony part of their projected business (outsource contract) is to repair National Park vehicles including fire trucks and other diesel (heavy equipment). These large diesel vehicles are only permitted under the MAJOR REPAIR clause with five or less employees. The Applicant previously mentioned using other possible employees. If I were to reevaluate the highest and best use studies for this CV-10 upzoning application,I would point out the MAJOR REPAIR clause as a"Solution for the Applicant's Potential Business". Thus one of the Greatest Negative Potential Uses for a spot zoned property in a predominately residential area is a reality. 4. One other item to factor into the upzoning request is the Applicant's control (ownership) of the private Nichols Road. Some members of this Council have suggested the applicant consider providing right in and right out to Nichols Road from Highway. The consequence will be that all left-hand turning traffic must enter North Pszyk Road then transverse Nichols Road to get to the Applicant's property;a condition affecting the homeowners especially if a MAJOR REPAIR operation is permitted. Imagine tractor-trailers hauling heavy equipment thru Nichols Road. With Ownership of Nichols Road,the Applicant or any future Owner of the road and building site properties can legally request the County approve dedicated parking in the Nichols Road to be associated with the upzoned commercial property. MORE PARKING ASSOCIATED WITH A PROPERTY INCREASES THE DEVELOPMENT POTENTIAL. This potential parking area will also make it easier