2021-02-04 Windward Exh C Planning Director Initated, Donny Souza & Melissa Mulliken REZ 11-000143

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Other roads in the area include the Old Volcano Road as well as Nichols Road which is located right after the property and provides access to the subject property as well as other lots within that area. The subject property was originally rezoned in Twenty-Eleven (2011) from its original zoning of Single-Family Residential also known as (RS-10) to Village Commercial (CV-10) under Ordinance 12-128 by the current landowners, landowner, Donny Souza, and Melissa Mulliken in order to establish an eighteen hundred(1,800) square foot automobile repair shop. Ordinance Number 12-128 went into effect on September 27, 2012. Please note that at the very end of Section 2 of Ordinance Number 12-128 there is a condition that states 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 zoning designation. This is a proposed site plan that was submitted by the landowners for the 2011 Change of Zone. It shows Highway 11 and access to the property being taken off Nichols Road. The proposed commercial activity at the time of the rezone included a small family operation for an onsite 1,800 square foot automobile repair shop with onsite parking which you can see on the side on the slide on your screen to be located closer to Highway 11 on the subject property. Unfortunately, from Twenty-Twelve (2012) until now, the landowners have decided not to pursue their plans for the automobile repair shop. Therefore, on November 10, 2020 the landowners Donny Souza and Melissa Mulliken submitted a written request to the Planning Director requesting to initiate the reversion of Ordinance 12-128. You should have all received a copy of such requests with your Background and Recommendation. The landowners have not been successful in fulfilling the conditions located within Ordinance Number 12-128 and are currently in the process of selling their property and the interested party has no interest in pursuing a commercial development on this subject site. This is the current zoning map of the subject property and the surrounding areas. The subject property outlined in black which is currently zoned as CV-10 that is shown in the purple color. You can see the surrounding community to the south is ML-20 which is an Industrial zone shown in the gray. The west and north is Single-Family Residential zone properties which is shown in the mustard color. While across the street you do have a series of residential designated land such as RS-20 shown in the yellow color and Open zone district as well as Agricultural zone district shown in various green color. This is the State Land Use designation for the property. The pink is representing Urban and the green represents Agricultural uses. As you can tell the entire property is within the State Land Use Urban district. This is General Plan Land Use Pattern Allocation Guide Map also known as LUPAG. The orange color represents Medium Density Urban or as we like to call it MDU. The yellow color represents Low Density Urban also known as LDU. This map is where we envision the land use pattern. Medium Density Urban allows for Single-Family uses, Multiple-Family Residential uses, Village and Neighborhood Commercial uses and related functions. Whereas Low-Density Urban primarily focuses on Single-Family Residential uses. As you can see the subject property is located overlapping this generalized depiction of these two land use designations. The Director at the time of the original rezone in 2011 determined that the limit or the extent of the Medium Density Urban area included the entire subject property. Therefore, a rezone was applicable at the time with conditions. EXHIBIT C 3