HomeMy WebLinkAboutCOM 0143.000 2020-2022 z
c •J '., Lee E.Lord
Managing Director
Mitchell D.Roth
Mayor
— Robert H.Command
Deputy Managing Director
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(Offirr off r4apr
25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961-8211 Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C . Kailua-Kona,Hawaii 96740
(808)323-4444 Fax(808)323-4440
February 23, 2021
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Maile David, Council Chair
A-
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair David and Members:
SUBJECT: Planning Director Initiated.(REZ 11-000143)
Request: Repeal Ordinance No. 12 128 to Revert the Current Zoning from
CV-10 to RS-10
Landowner: Donny Souza and Melissa Mulliken
Tax Man Key: 1-8-002:064
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Windward Planning Commission letter and
enclosures regarding the above-referenced request.
Sincerely,
MITCHELL D. ROTH
Mayor
TcouncilPDinitlatedSouzaMUllikenREZ11-143akm
Enclosures
cc: Planning Department
1�
Comm. No
Ref. To:
Ref. gate 2 1
County of Hawaii is an Equal Opportunity Provider and Employer.
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Mitchell D.Roth GOJMYY Oc h, �' John Replogle,Chair
Mayor Gilbert Aguinaldo,Vice-Chair
;' c+ Dean An
Lee E. Lord
Joseph Clarkson
Managing Director T110121aS Raffl 1
OF'ar d P Y
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center - 101 Pauahi Street,Suite 3 - Hilo,Hawaii 96720
Phone(808)961-8288 - Fax(808)961-8742
FEB 15 2021
Maile David, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair David and Council Members:
SUBJECT: Planning Director Initiated (REZ 11-000143)
Request: Repeal Ordinance No. 12 128 to Revert the Current Zoning from
CV-10 to RS-10
Landowner: Donny Souza and Melissa Mulliken
Tax Map Key: 1-8-002:064
The Windward Planning Commission, at its duly held public hearing on February 4, 2021,
considered the Planning Director's request to repeal Change of Zone Ordinance No. 12 128, which
will reclassify the property back to its original zoning designation of Single-Family Residential-
10,000 square feet (RS-10). The property is located at 'Ola'a, Puna, Hawaii.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. Please note all conditions contained in
Ord. 12 128 shall be repealed, and there are no proposed conditions to be attached to this draft bill.
We are enclosing copies of the staff Background, Planning Director's Recommendation, the
Powerpoint presentation and a draft transcript of the hearing for your information to be provided
under separate cover.
Sincerely, i
John Replogle, Chairman
Windward Planning Commission
LP DinitiatedS ouzaMullikenREZ I 1-143 wp c
Hawaii County is an Equal Opportunity Provider and Employer
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Maile David, Council Chair
and Members of the County Council
County of Hawaii
Page 2
Enclosures
cc: Donny Souza and Melissa Mulliken
Department of Public Works
Department of Water Supply
John Mukai, Esq., Corporation Counsel
BPDinitiated-MullikenSouzaREZ.doe-1/23!2021
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PLANNING DIRECTOR INITIATED
REPEAL CHANGE OF ZONE ORDINANCE NO. 12-128 (REZ 11-000143)
The Planning Director has initiated action to repeal Change of Zone Ordinance No. 12-128
which amended Section 25-8-23 (Mountain View Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2016 Edition, as amended),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, TMK: (3) 1-8-002:064.
PLANNING DIRECTOR'S REQUEST
I. Request: In 2011, the current landowners applied for 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. The
change of zone was approved by the Hawaii County Council, with Ordinance No. 12-
128, effective September 27, 2012 (see Ord. No. 12-128 in Application). The Planning
Director is initiating a request to repeal Ordinance No. 12-128 in response to a written
request submitted by the owners of the subject property. Repealing the ordinance would
have the effect of changing the zoning district from CV-10 back to its original
designation of RS-10. In essence, the Planning Director is requesting to downzone this
property to accommodate the owner's request. If approved, the property would be
allowed to retain the existing single-family dwelling and have the option of developing
an `Ghana dwelling in the future. Finally, there would not be any conditions attached to
the proposed ordinance as the zoning of the property will be reverted to the original RS-
10 zoning designation and all necessary infrastructure and services are available to serve
the single-family residence on the property.
2. Reasons for the Request: According to their letter, the landowners have not been
successful in fulfilling conditions of the ordinance and are no longer pursuing
commercial development. They are currently in the process of selling the subject
property, which cannot be completed until the property is reverted back to the original
zoning. The prospective buyers also have no intention of developing the property for
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commercial use. (Planning Department Exhibit 1-Letter dated November 9,2020
from the landowners with attachments "Application")
STATE AND COUNTY PLANS
3. State Land Use Designation: Urban.
4. General Plan LUPAG Map: Low Density Urban, except for a small portion Medium
Density Urban.
5. County Zoning: Village Commercial 10,000 square feet(CV-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 is situated within
the preliminary boundaries of the Mountain View Community Village Center.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
7. Subject Property: The subject, 13,784 square foot property is located on the northwest
corner of Highway 11 and Nichols Road. The property is currently improved with a
1,678 square foot, single-family dwelling and related improvements which were built in
2011.
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 an unoccupied building and
zoned ML-20. Properties across Highway 11 are zoned RS-20 and in school and church
use.
9. FIRM: Zone X, areas determined to be outside of the 500-year flood plain.
10. Flora/Fauna Resources: No formal flora/fauna study was submitted.
11. 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.
12. Cultural or Native Gathering Rights: No traditional and customary Native Hawaiian
rights are being practiced on the site.
13. Public Access: None.
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PUBLIC FACILITIES AND SERVICES
14. Access: Access to the subject parcel is from Nichols Road, a private roadway owned by
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Jaznela LLC.
15. Water: There is existing County water service to the subject parcel.
16. Sewage Disposal: The property is developed with an existing septic system. !
17. Solid Waste: The property is located near the Glenwood and Kea`au Transfer Stations.
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18. Essential Utilities and Services: All essential utilities are available to the property.
AGENCIES' COMMENTS
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19. None as of this writing. !
AGENCIES --NO RESPONSE
20. Department of Finance Real Property Tax Division.
PUBLIC COMMENTS
21. The Department has not received any written comments or objections from the general
public or adjacent landowners.
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November 9, 2020 Nffq 10 2020 Poe 3
Mr. Michael Yee
RECID HAND DELIVERED
Planning Director
County of Hawaii Planning Department
101 Pauahi St.,Ste 3
Hilo, HI 967X}
Re: 18-1354 Nichols Rd., Mt.View, HI 96771,TMK(3) 1-8-002-0164—Request Zoning Reversion to RS-10
Dear Director Yee:
We would like to request your assistance to revert the above-mentioned property back to RS-10 from CV-10.
We attached a copy of Ordinance No. 12128, effective September 27, 2012 amending the County Zoning Code, changing
the district classification from Single-Family Residential—RS-10 to Village Commercial, CV-10. On page 9, it states that
the Planning Director may initiate rezoning of the area to its original designation.
We purchased this property in 201103 and built a beautiful home for our family and had planned to also have a small auto
repair shop. In 2011,we started the long process of changing the zoning to CV-101 in hopes to have a small business and
provide a service for the growing community. However, after the premature birth of our daughter in late 2011,we
experienced personal and financial hardships that made our dream so much harder to achieve. Over the next few years
our dreams shifted to focus on the needs of our children and we now operate a business in Hilo. This change has
created a more simple and happy life, close to our family,children's schools and extra-curricular activities. We no longer
wish to pursue commercial use on thus property.
We listed the property for sale almost 2 years ago and haven't had any luck due to the current zoning. We are currently
in escrow and scheduled to close on 12/18/2020. However,in order to obtain final loan approval and closing of this
transaction, the property will need to be reverted back to residential. The buyers have informed us that they have
absolutely no intention to pursue commercial use on the property as well. We attached a letter from the buyer's agent
and signed by the buyers stating this as well. We are very excited that another family will enjoy the beautiful home we
built. We are very hopeful that this rezoning process will be a quick process and not extend the closing date so the
Bencomo family can enjoy the holidays in their new home.
Please feel free to contact us shall you have any questions. We look forward to hearing from you soon.
Sincerely,
Ronny Souza Melissa ulliken
(808)895-3250 (808)987-1522
xtremeautoworkshawaii@gmail.com fastgirl67@yahoo.com
yahoo.com
38 Mokuhonua Ln. 38 Mokuhonua Ln.
Hilo, HI 96720} Hilo, HI 96720
Cc: Christian Kay,Planner
Planning Dept. ,�
Exhibit J.. 13 7 6 0.
u0cu. tgn tnvelope[U:4AlS-rAA1i3-Ji 31 t-4bUU-AAL;a-/btaUt1-Z0t5t3Ata
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«88 l= kioolc .Sit , Ste, 11 1
flAWAII lliftt. lil JF,IIf}
REALTY CORP Of icy: (808) 339-7019
Property i Ianavement Sales
fax: (808) 339-7202
Email: cared.ace.4�.-,1iawaiire ltN"(t om a com
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November 6, 2020
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Mr. Michael Yee
Planning Director
County of FI Planning Department
101 Pauahi St., Ste 3
Filo, M 96720
Re: 18-1354 Nichols Rd., TMK 93-1-8-002-064--Request Zoning Reversion to RS-10
Dear Director Yee:
I am representing my clients, Mr & Mrs. Dacus and Aja Bencorno for the transaction to purchase the subject
property, We are currently in escrow and scheduled to close on 1.2/18/20. We received a copy of the attached
Ordinance No., 12-28, Bill 168 from the seller and my clients confirmed that they have no intention of pursuing
a commercial use on the property. Therefore, Mr, & Mrs_ Dacus and Aja Bencomo, the buyers of the subject
property'With concurrence of the sellers, Donny E Souza and Melissa A. Mulliken .are requesting your assistance
to initiate reversion of the property back to the original zoning(RS-10)as this action will be crucial to obtain final
loan approval and closing of this sales transaction.
Requested by:
DocuSlgnetl by' ---«-DocvS 9md by:
c.,co.+tio 11/6/2020
)qU'BW1d6ffff,'Buyer Date0-3bbk1 b, Buyer Date
Concurred bv:
Donny E Souza, Seller Date Melissa A. Mulliken, Seller Date
Please call me at (808)443-4616 if you have any questions. I look forward to hearing from you soon.
Sincerely,
Candace Gray, PB
CG Hawaii Realty Corp
Enc.
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Y OF`''!s BJ L.eithead Todd. I
�r�'1111aI11�. 1{eI101 Ca4c1 `'"�� i
h1a>=nr = u6a Director
Margaret K. Masunaga
County of Hawa>l`>i
V
PLANNING DEPARTMENT
Aurum Center r 1471 Pauahi Street,Suite 3 • Hilo,Hauai`i 96720
Pi one(908)961-8288 • Fax(808)961-8742
October 2, 2012
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Mr. Donny Souza
Ms. Melissa.Mulliken
P.O. Box 11289
Hilo, HI 16721
Dear Mr. Souza and Ms. Mulliken:
Change of Zone Application(REZ 11-000143)
Applicant: Donny Souza & Melissa Mulliken
Request: RS-10 to CV-10
Tax May Key- 1-8-002:064
For your information, we are attaching Ordinance No. 12 128, effective September 27, 2012,
amending the County Zoning Code, changing the district classification from Single-Family
Residential- 10,000 square feet(RS-10)to Village Commercial - 10,000 square feet(CV-10) at
`C?la`a Puna, Hawaii.
Sincerely,
APJ LEIT EAD TCDD
ani ing Director
Lsouza02syhf
Atts.
cclatt: Ms. Aubrey Summers
Windward Planning Commission
Plan Approval Section
DLNR-HPD
Real Property Tax Office
State Department of Transportation
flawvi'i Coang 45 an Equal Qpp7rtunity Frovider and Explovet,
��SY QF
COUNTY OF HAWAII �_ -STATE OF HA'WAI`I
BILL NO, 168
ORDINANCE NO. .L28 (DRAFr 2)
AN ORDINANCE AMENDING SECTION 25-8-23 (MOUNTAIN VIEW ZONE MAF),
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 HAWAI°I.
SECTION 1. Section 25-8,-23, Article 8, Chapter 25 (Zoning Code)of the Hawaii
County Code 1483 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated:at `01a`a,Puna,Hawaii,
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 frorn true South:
1. Along,Old Volcano Road on a curve to the left with a radius of 102.00 feet, the
chard azimuth and distance.being-
3 09'
eing:309° 30' 12" 33.75 feel;
2. 1° 59' 30" 12.70 feet along the remainder of Gram 4053 to
W. Wolters;
3. 37° 11' 57.43 feet along same;
4. 51' 39' 1.8.48 feet along sarne;
5. 320' 353 97.14 feet along same;
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6. Thence along Volcano Road, F.A.P, Mo. F_20)oil a e:uzve, to the right with a
radius of 1,869.€3)6 feet, (lie chord
etzirr�crth and distance being:
51' :19' 71.3)1 feet;
1. Therice along Nichols Road oil a curve to the right with a radius of 20.00 feet, the
chard azimuth and distance being;
99° 17` 17" 28.96 fret;
8. 145' 40' 121.59 feet along Nichols Road,
9. 275' 01' 30" 20.50 feet along the remainder of Grant 4053 to
W. 'Wolters;
10, 23 7' 42' 3011 44.61 feet along satzae,
IL 231° 39' 35.71 Ceet along same;
12e 217' 11 ' 44,11 feet along sane,
1:3. 181' 5)9 30" 2036 1ect along sane;
14. :?28' ;6' 4.38 fret along sarne to the point of beginning
and containing an area of 13,785
Square Feet,
All as shown on the n1ap atttic.hed hereto, marked F'xbibit "A" and by refiffelice
made a fa" t her co 1.
"EV.f'lt:N 2, 141 {c cordttuce with Scctioo 25-244, Hawai`i t oulity (`o( (" 005
t',clitit ti}, the t.`ouaaty tT'OUneil fist S fire fclllowing conditioll a1•0:
Nef.t Css aly to pre�mil circtjmstmlcelz 4ie{l':dch m av h-,add C,'t"ic to the oubll : hea th, safe ty
and welfare, or
(1) reasonably conceived to fulfill needs directly emanating from the land else
proposed with respect to:
O Protection of the public fi-ofn the Potentially deleterious effects of
the prOPosCd ttse,or
(f3) Fulfillment of the need for public: ;;xvice demands created by the
proposed use.
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A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
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B. Prior to the issuance of a water commitment by the Department of Water Supply,
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the applicant(s) shall submit the anticipated maximum daily water usage I
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calculations as recommended by a registered engineer,and a water commitment
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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 Certificate of Occupancy for any commercial use of the building.
D. Construction of the proposed development shall be completed with 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),Hawaii County Code. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Any large bay door openings must face Highway
11. 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), 1lawai'i County Code, In addition, a solid noise-
buffering fence shall be erected around the subject property. Parking associated
with any activities located on the subject property shall be maintained on-site and
tit-it within nearbv ro;rd rights-o9.'-way, The applicants shall restrict customers Crone
of['-site parking and provide ample signage to deter off-site parking, The
tr=iangular.,area€af t iacl ofs Rwid ffonting I lighway I t shall it chide lrtrlcisc<tlait2t;to
prevent panting in that area,
l . o direct access shall tr,allowed to the subject property from Highway t 1. 'file
applicant shall provide p-roper written documentation that the applicant owns
Nichols Road acrd has obtained business insurance to cover the commercial use of
Nichols Road prior to (the submittal of plans for Flan Appro-val review. All
improvements to Nichols Road required by this ordinance must be cores ruuwd
and maintained by the applicant at the applicant's expense and the applif-ant must
maintain appropriate liability insurance to cover the commercial use ot'Nichols
Rowel.
l`. Prior to the issuatrce()fa Certificate of Occupancy for any commercial use curl ttrt,�
subject property, the�,ipplic;ant(s);rlrtall urtprc c Nichols Road up to and including
lire driveway access to the subject property to a mirlinium commercial-standard
pavement width of 18 feet with shoulder and drainage improvements within a
proposed 50-foot wide righf-of=-vvay, whit.-h the applicants shall lrrnvirlc by a road
widetring within the subject property equal to half the,distance betweert (h
existing right-of-way and the,proposed 0-foot wide riglit-of-way, ltrcorporatio n
(}f the additional rig ht-of—way and required roadway irxmprovernetrts as bare of
iNlichols Road shall be accomplistied prior to the issuance of a.certificate o
occupancy feet any commercial use. Along that side of Nichols Road right-of-gray
directly adiacent to the subject property and commensurate with the:required
pavement improvements, the applicant(s)shrill 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 (LVPW) Standard Detait R-
33 and be constructed in a tuanner meeting with the approval of the DPW.
HIS,..
Concurrent with road improvement required by this condition, the applicant(s)
shall also provide any improvements to Highway l l as may be required by the
State Department of Transportation to accommodate these required improvements
to Nichols Road and its intersection with highway 11.
O. 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.
R Prior to the issuance of a Certificate of Occupancy for any commercial use on the
subject property, the applicant(s) shall provide documentation that any compressor
used on the property is the quietest compressor available and will not exceed
allowable noise levels as established by the State Department of Health. Such
compressor(s) Must be located in a special insulated room located within a
proposed structure.
1. Commercial activity on the subject property shall be restricted to the hours of 8:00
a.m. to 5:00 p.m., Monday through Saturday. Auto body repair and auto body
painting shall not be conducted on the subject property.
J. The method of sewage disposal shall meet with the requirements ofthe
Departrnent of Health.
K, A Solid Waste Management flan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
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L. 'Should€ny remains of historic sties, such as rock walls, terraces, phuf6rins,
tnaritrc: shell coucentr6ations ov Ial.rrrlF.rta burials be encountered, ,vork in the
innnediate area shall cease aticl U-te De;partrnent of Land and Natural Resources -
State f listoric Preservation Division (DL,. R-SIIPD)shall be inanaediately
notified. Subsequent word shall proceed upon an archaeological clearance froin
DLIII -SHPD when it finds that sufficient ruitigation measures have been taken.
IV1, Should the applicant(s), succe sor�s 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 witl'a respect to parks and recreation,
fire, police, solid waste disposal facilities and roads. `the tai share contrihutiotr
shall become dare and payable prior to receipt of b'inai Plan Approval. 'The Fain
share contribution for each text shall be based on the actual number of residential
u11its developed. The fair share contribution in a forms of cash, land, I:acilities crr
any combination thereof shall be determined by the County Council. The fair
sharp,contribution may be adjusted arnivally beginning three years after the
effective slate of this ordivanue,lased on the percentage change in the I lorrolulu
Consr nx-r Price Index(I[t l'tt. The fair share co atribution shall have a coinboi--d
value of$7,90135 per multiple fatllily residential Unit($12,316.47 leer single
family residential unit.), The total amount shall be determined with the actual
number ot,units according to t1re calculation and payment provisions slat t`=ntla in
chis condition.
J he fair share contribution per multiple-Family residential unit(single family
residential unit)shrill be,allocated as follows:
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1. $3,898.50 per multiple family residential unit(55,939.22 per single family
residential unit) to the County to support park and recreational
improven}ents arnd' 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(S565.89 per single family
residential unit)to the County to support Iire'facilities;
4, $168.93 per multiple family residential unit(S247.75 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
andlor construct improvements/facilities related to parks and recreation,firer
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.
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o. To ensure that the Goals and Policies of the Housing Ellernern of tho Crerter-al Plan
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are implemented, the applicant shall cot-uply with the realuirenients of C.fiapter 1 l
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Article l, 1--f_rwai`i County Code relating to Affordable Flousing Pu(icv. l ii
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requirement shall be approved by the Administrator of the �yfiftee.of Housing and l
Community Development prior to Final Plan Approval.
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P. The applicants shall comply with all County, State and Federal laws, rules,
regulations and requirements,
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An initial extension of time for the performance of'conditions within the
ordinance tnay tae: granted by the Planning Director upon the foliowing
circumstances:
l.
-1 Ile tIOn•performance is the rcsult of conditions that would trot have been
foreseen or arc. beyond the control of the applicants, successors or-assigns,
and that are not the result of their fault car negligent .
t-. Grantnng of tire, time extension would not be contrary to the(Jeneral plan
gar. caning Code.
3. Granting of the €.inn extension would not be contrary to the original
reasons for the granting of the change rrt zone,
ti, The Little extension granted shall be for a period not to exceed the period
originally granted for perfrrnaance(i.e., a condition to be performed within
on--year may be extended for tip to one additional year),
If the applicatrt(s) should require an additional extension of time, the
Planning Departrtzent shall submit the applicants' request to the.County
Council for appropriate action.
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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.
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:
I
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p
COUNCIL MEMBER, CO(r 6F AWAI`
Milo , Hawaii _
Date of Introduction: Augus t 15, 2012
Date of I st Reading: August 15, 2012
Date of 2nd Reading:
September E 2012
Effective Date: September 23, 2012
RAE1E 526.23
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ar a str�sl sre�era Psvl
CV-10
io'm SOFT(ma-101TO VILLAGE COMMEWAL-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 5-8- (MTN VIEW ZONE MAP) ARTICLE 8,
HAP`1 En 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANC71NG THE DISTRICT"CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL - 10,000 SOFT(AS_1 )TO
VILLAGE COMMERCIAL- 10,000 SOFT (CV-'l0),
AT`0LAA PUNA, la"AWAI`I
MAF' PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMkC.(3)14-OMQ64 DATE:jU€.19, e0E1
E�XHIBIT"A" Souza anc Mufflken
Mrp 0313
OFFICE OF THE COUNTY CLERIC.
County of Hawaii
Hila,Hgwai`i
Introdtuced By: rete H-offalarin ROLL r Al_t. VOTE
Date lntroduced Ai.qust 15, 2012 AYES NOES Al3S EK
First Reading: August 15, 2012 Bias _
PubEished: August 25, 2012_.— _� t Ford� K t
Hoffmann � K
IMMARKS Ikeda
- _ C nis�, K
— Pilago X
-- Smar-t
Yagong x.
Yoshimoto Y
Second Reading: September 6, 2012 5 4 0 0
To Mayor: September 17, 2012 �
(Draft 2)
Rettrrrred: _fQ'c_i"_caha.r 1, 2f12
Effective: September 27 2012 _ ROLA-CALL VOTE
published; Qctober 16, 2012 � _ -- .AYES ,NoEs ABS EX
_. Sias x
REIT-,=[RKS Ford .X
Hoffmann X
Ikeda X i
C?nisiii X -
-� - Pilago K
Smart X
Yagong K
Yoshimoto x
b � I 3 0 0
I DC; HEREBY CERTII,Ythut the foregoing BILL was adopted by the C:ounly Council published as
indicated above.
APPROVED AS TO �
E M ttM@"t!15FF`:
CO C°HAIRP- So
DEP TY RPt IRATI
CCOUNSEL
C3U TY OFF-f�4tt`t}fiil'R r11�G}
Date SEP 2 1 U i 0UAT} t_"I.ER
C3i€l No.:
168 (Draft 2)
.-lPprraveLLIC7isu prot:ecft6ris _ r{r7t
Reference: C-526.23/PC-63
Ord No.: 128
,11/0'0k C'ObXTY OF H4 ff,41`l --
3
3
RPDinit-MullikenS ouzaREZ.doe-1/23(2021
I
COUNTY OF IIAWAI`I PLANNING DEPARTMENT
3
RECOMMENDATION
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PLANNING DIRECTOR INITIATED
REPEAL CHANGE OF ZONE ORDINANCE NO. 12-128 (REZ 11-000143)
Upon careful review of the request, the Planning Director recommends that the Planning
Commission forward a favorable recommendation of this initiated action to repeal
Ordinance No. 12-128, which amended Section 25-8-23 (Mountain View Zone Map), Article
8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended),
i
by changing the district classification from Single-Family Residential— 10,000 square feet
I
(RS-10) to Village Commercial-10,000 square feet (CV-10) to the Hawaii County Council.
Since this recommendation is made without the benefit of public testimony, the Director reserves
the right to modify and/or alter the recommendation. This favorable recommendation is based
on the following findings:
In 2011, the current landowners Donny Souza and Melissa Mulliken applied for a
Change of Zone from Single-Family Residential-10,000 square feet (RS-10) to Village
Commercial-10,000 square feet (CV-10) in order to establish an approximately 1,800
square foot automobile repair shop. The change of zone was approved by the Hawaii
County Council, with Ordinance No. 12-128, effective September 27,2012.
I
I
The Planning Director is initiating a request to repeal Ordinance No. 12-128 in
5
response to a written request submitted by the owners of the subject property. Repealing
the ordinance would have the effect of changing the zoning district from CV-10 back to
its original designation of RS-10. In essence, the Planning Director is requesting to
downzone this property to accommodate the owner's request. If approved, the property
would be allowed to retain the existing single-family dwelling and have the option of
developing an `Ohara dwelling in the future. Finally, there would not be any conditions
attached to the proposed ordinance as the zoning of the property will be reverted to the
original RS-10 zoning designation and all necessary infrastructure and services are
available to serve the single-family residence on the property.
Z
According to their letter, the landowners have not been successful in fulfilling
conditions of the ordinance and are no longer pursuing commercial development. They
are currently in the process of selling the subject property,which cannot be completed
until the property is reverted back to the original zoning. The prospective buyers also
have no intention of developing the property for commercial use.
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 proposed action will conform to applicable goals, policies, and standards
of the General Plan.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the documents 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. When the original change of zone to CV-10
was granted in 2012, the Planning Director interpreted the LUPAG Map to consider the
property as Medium Density Urban since a small portion of the property is designated as
such. The proposed action to revert the zoning classification back to the RS-10 district
conforms to the LUPAG Map, which designates the majority of the property and the
surrounding area as Low Density Urban. Such designation allows single family
residential and related functions.
In addition, the proposed action would be consistent with the intent and policies
of the Puna Community Development Plan(PCDP) related to the formation of
Community Village Centers. The subject property is situated inside the preliminary
Mountain View Community Village Center, near its western boundary, and while the
PCDP endeavors to direct commercial development within these boundaries, language in
the PCDP allows for some flexibility in siting and the types of zoning and uses
2
envisioned for those areas. According to the PCDP, the preliminary maps are not meant
to be precise or strictly interpreted,but rather as guidelines in the preparation of rezoning
requests for areas within or adjacent to regional town centers, community village centers,
or neighborhood village centers. Furthermore, the CDP states that there should be land
available for community and residential uses within the village center.
In this case, as there is an existing single-family dwelling on the subject property
and a majority of the properties along Nichols Road are mostly residentially zoned and in
residential uses, the Director believes that reverting the zoning to its original designation
of RS-10 would be consistent with the residential character of the area.
Based on the preceding findings, a favorable recommendation of the Planning Director's
initiated action to repeal Ordinance No. 12-128 which will reclassify the property back to its
original zoning designation of Single-Family Residential-10,000 square feet(RS-10) would
result in an appropriate land use pattern and would be in the best interest of the general public.
The accompanying draft bill to repeal Ordinance No. 12-128 is provided for your
favorable consideration. Please note all conditions contained within Change of Zone Ordinance
No. 12-128 shall be repealed. Further there are no proposed conditions to be attached to this
draft bill.
3
J,;SYfOs!f',iJr
COUNTY OF HAWAII STATE OF HAWAII
'*T�p•F•MT'`�
BILL NO.
�PI.�NN�N� D�t'T7
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 12-128,WHICH AMENDED
SECTION 25-8-23 (MOUNTAIN VIEW ZONE MAP),ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS
AMENDED), 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. Ordinance No. 12-128 which amended Section 25-8-23 (Mountain
View Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016
Edition, as amended), is hereby repealed in its entirety and the subject property shall be
classified back to its original zoning district.
SECTION 2. Section 25-8-23, Article 8, Chapter 25 (Zoning Code) of the
Hawaii County Code, is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at '01a'a, Puna,
Hawaii, shall be Single-Family Residential— 10,000 square feet(RS-10):
Beginning at the northeast comer 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;
i
i
i
I
I
i
5. 320' 35' 97.14 feet along same;
'I
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;
i
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;
I
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 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
2
SECTION 4. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
3
N A-5a A-5a Qo CV-1
A-5 a CV-10
CV- 0
A-20a CV-10
CV-10
R 10 RS-10
VILLAGE COMMERCIAL-10,000 CV-1 0
SOFT(CV-10)TO
SINGLE-FAMILY RESIDENCIAL- 18,195,43'S
10,000 SOFT(RS-10) 18,479.17'W RS-10
TOTAL AREA 13,785 SOFT "OLAA"
R 10
RS-10
A-5a RS-10 G
A-20a A-5a
OPEN
A-5anf
S-1 RS-20 Ao
ML-20
RS-10
RS-10
RS-20
RS-10
\1190, 0 RS-20
JON" R -20
A-20a
A-20a
RS-20 A-20a
Feet
0 120 240 480 720 960
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-23 (VOLCANO - MT. VIEW ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
VILLAGE COMMERCIAL- 10,000 SQ. FT. (CV-1 0) TO
SINGLE-FAMILY RESIDENTIAL - 10,000 SQ. FT. (RS-10)
AT 'OLA'A, PUNA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:(3)1-8-002:064 DATE:December 7,2020
EXHIBIT "A" Planning Director Initiated
Map 1417
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