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HomeMy WebLinkAboutCOM 0143.001 2020-2022 Mitchell D.Roth ��``Y h'jr moo.• Zendo Kern Mayor Director Lee E.LordJeffrey W.Darrow Managing Director e- s.'' Deputy Director "�Tp OF.N�.q► West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kana,Hawaii 96740 County of Hawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 February 24, 2021 Maile David, Council Chair ; and Members of the County Council County of Hawaii a_`* 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 Muiliken Tax Map Key: 1-8-002:064 Regarding the Windward Planning Commission letter dated February 15, 2021 concerning the above-reference matter, attached please find a copy of the draft transcript for the February 4, 2021 hearing for your information. Sincerely, JEFFREY W. DARROW Deputy Planning Director LPDlnitiatedSouzaMullikentranscriptwpc Enclosures Comm. No. Ref. To:-PG Ref. o: pGRef. Dote FE�� www.planning.hawaiicountv.eov Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicoun .gov WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 4, 2021 A regularly advertised hearing on the application of PLANNING DIRECTOR INITIATED (DONNAL SOUZA & MELISSA MULLIKEN) (REZ 11-000143)was called to order at 10:27 a.m. via live stream meeting with Chairman John Replogle presw*. VIRTUAL ATTENDANCE (COMMISSIONERS): Gilbert Agudo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. =--_ VIRTUAL ATTENDANCE (STAFF): Malia Hall (Dep ufy= oiloration sel for the Windward Planning Commission), Jeff Darrow(Deputy Planning Directchn Mukai (Deputy Corporation Counsel for the Planning Department), Maija Jackson(Te%por Assignment Planning Program Manager), Tracie Lee 5amero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan-SalvadoPlanning Commission Secretary). --- _ INITIATOR: PLANNING DIRECTOR(DONNY SOUZA&MELISSA MULLIKEN) (REZ 11-000143) The Planning Director has initiated repealing Change of Zone Ordinance No. 12-128 and amending Chapter 25, Article 8, Section 25-8-23 (Mountain View Zone Map) of the Hawaii County Code 1983 (2016 edition, as amended),by changing the district classification from Village Commercial-10,000 square feet(CV-10)to Single-Family Residential-10,000 square feet (RS-10) at `Ola`a, Puna, Hawaii, TMK: (3) 1-8-002:064. Secretary's Note. "—"means that there were teclinical and/©r Internet difficulties which made the conversaiib inaudcble -__ REPLOGLE: Okay, we arerow gomg t6-move on to item number two on the agenda. KERN: Mr ,Chair. REPLOGLE: Yes,_ecuse rn_e KERN: Thank you so -e next agenda item I was actually the Chairman of the Windward Planning Commission4hen this came through and I did vote on it. So, in an abundance of caution I am going to recuse myself Deputy Director Jeff Darrow will be handling this and his going to join in so I am going to actually close out of this meeting in its entirety and I know Tracie will do an amazing job. REPLOGLE: Thank you Mr. Kern. EXHIBIT C(DRAFT) 1 KERN: Thank you guys for your service, you guys have a great rest of your day and we appreciate you. DICKIE CLARK: Yeah, I too would like to thank everybody here and whose been involved for all the work and time you put into it and I appreciate your attention. Aloha. REPLOGLE: You're welcome. AU: Mr. Chair. REPLOGLE: Mr. Au? ==== AU: So,I just want to disclose I too was on the Commission-*this ap anon just wanted to disclose that I voted in favor of this original application and Ms Hall maybe zf you can advise or I just want to disclose that I was involved can I stay ort or do f have to recuse myself? HALL: Do you believe that you can be impartial m hearing thi"pplication regardless of the last application that you were part of hearing? AU: Yes, I can and that is what I was gog_to state that yes fellow Commissioners and I can do that. HALL: Okay, yeah, we can move forward REPLOGLE: Okay,moving=on tc agenda number two or ite�ri number two. Initiator is the Planning Director and.,Ponny Sou-za and MelissWulliken), REZ 11-000143. The Planning Director has initiated repealing Change of Zone Ordinance Number 12-128 and amending Chapter 25, Article 8, Sec i 25-8-13-Mountain View Zone Map) of the Hawaii County Code 1983 (2016 Edition, as amended)?by changing the district classification from Village Commercial Ian Thousand(10,000) square fee-(CV-10)to Single-Family Residential-Ten Thousan€�-(10,000) sq>x_§E=., (RS-1O)at`Ola`a, Puna, Hawaii, TMK: (3) 1-8-002:064. Staff will makea presentation I believe. CAMERO Thank you so in Chair, let me just get my screen up for you. Can you all see my screen? - -- REPLOGLE: Yes,ma'am:' CAMERO: Okay. Good morning Commissioners and members of the Windward Commission this is a Planning Director Initiated request to repeal Ordinance Number 12-128 which amended Section 25-8-23, Article 8, Chapter 25 of the Hawai'i County Code. By changing the district classification from Single-Family Residential-10,000 square feet to Village Commercial-10,000 square feet. The subject property is located within the Mountain View area in the Puna District. The property is shown on the slide that is outlined in black. The white line going diagonally top to bottom on your screen is Highway Eleven(11). The bottom of the map is headed in the direction of Volcano and the upper part portion of the map is headed in the direction of Hilo. EXHIBIT C(DRAFT) 2 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 thatstatesshould any of the conditions not be met or substantially complied with in a timely fas4jon,f��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 02'0T_4_A1,,-G_Zhanae of Zone. It shows Highway 11 and access to the property being taken off Nich(A'-, toad. T- posed commercial activity at the time of the rezone included a small family np'-erati-onfor anbh�&el,800square foot automobile repair shop with onsite parking whick..-yZu can see on the side ,the slide on your screen to be located closer to Highway 11 on,the subject property. Unfortunately, from Twenty-Twelve(2012)until now, lando`wners have decided not to pursue their plans for the automobile repair shop. Theref -,on November 10, 2020 the landowners Donny Souza and Melissa M-ulliken submitted a W,ritten request to the Planning Director requesting to initiate the reversiffi6fOrdinance 12-128 fou should have all received a copy of such requests with your Background ani-,RG inmendatioA21he landowners have not been successful in fulfilling the conditions lo'catedwithal'Ordinance-Number 12-128 and are currently in the process of selling their property,andAhe mterestedparty has no interest in pursuing a commercial deMopM"" on this subject site. ont This is the current zoning maD of t1f subject property and the surrounding areas. The subject property outlined in black which i!0turr-ently zoned'&_S­CV-10 that is shown in the purple color. You can see the,surrounding`:­�-cornu ......o the south is ML-20 which is an Industrial zone Family Residential zone properties which is shown in the gia--y' west aiift north is Sifi-f - shown in-Ahe mustard b Wbil-64-&-ross the street you do have a series of residential designdf--land such as k-9 20 shown fi-ftrAhe' yellow color and Open zone district as well as AgricultOg'zone district shcn in various green color. This is the State Land Use designation for the property. The pink is�§presenting Urban and the green represents Agricultural uses. As you can tell proper( s within the State Land Use Urban district. This is General Plan Uhda, e Pattern Allocation Guide Map also known as LUPAG. The orange color representslMedium 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(DRAFT) 3 The current Director has determined that the subject property falls within an area designated for Low Density Urban uses. Therefore, the current request to change the zoning back to RS-10 would be consistent with the Low Density Urban LUPAG. This is a Puna Community Development Plan(CDP) for the area. This particular map is showing as indicated by the dotted line the limits of the Mountain View Community Village Center Boundary and as you can see by this large 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 that these boundaries of the village are preliminary. Again, it is just to provide guidance as to wherg-the Puna CDP envisions these community village type uses which include a mixture of Cominp—rciff=es well as Residential types of uses. This is an aerial photo of the property with the property outlirkd in reMth Highway 11 in the front as you can see across the street is Mountain View QSqkJh&N5 Wai"Olai-Public Charter dA ­� School, and the Saint Theresa Church. Mountain View-Post-- ost Office is locate' -Te in the upper right-hand comer and you have a series of residences and residential uses in th&M::-u'­f'roundin2 area. The white structure located here is the Hawaii' Switoing Station and It,'9"Witchm.2 station just for reference purposes this structure is locale ere fln land designated-,"by the Zoning Code as Limited Industrial. Currently, there is a Single Fam�y dwelling that is located on the subject property. This is a closer look at the site. As you can rsee"the owner has 46h sitructed a 2-story Single- Family residence on the property with a few_related of rove'inents. The access to the " property is located from Nichols Road which is to t left our screen. This is a shot of the subject property from NichotsWad showing nothing,but a S"In""gle-Family dwelling exists on the property today. The gassy area-t ___e right wher-a-was the proposed 1,800 square foot automobile repair shod on-sit&4*rking was to le located. However, the landowner has not applied nor started on any-construction,for the prop6`§'c`d construction. This is the photo from the intersection of Nichols Road--- Highz W a y- ,lf I and heading up towards to Mr. Souza and Ms. Mulliken S, _ _11tt the right As you can see while there is pavement the roadway transitions property to a sub-Standard roadcvaythat isIpLprp ximately thirty(30) feet wide the further you drive away fromA&..-intersection. The Plannifigp#ector is recommending that the Planning Commission forward a favorable recommendati-0-h- 116-the CountpCouncil to repeal Ordinance Number 12-128 which amended Section 25-8-23, Article 8, Chapter 25 of the Hawaii County Code to change the zoning back to RS-10. In doing so 1h conditions that were attached to Ordinance Number 12-128 will be removed so that they would no longer be encumbered on this property. With that, that concludes my presentation if there are any questions, I can open the floor to them. Thank you. REPLOGLE: Fellow Commissioners, oh, thank you Ms. Camero for that lovely presentation. Fellow Commissioners do you have any questions or concerns you would like to ask the staff? Apparently, not. Thank you again Ms. Camero. I will entertain a motion to move forward. DARROW: Mr. Chairman? EXHIBIT C(DRAFT) 4 REPLOGLE: Yes. DARROW: We do have the Applicant's present. I am not sure if you would want to ask if they want to chime in. AU: Mr. Chair, I would like the Applicant's to chime in please. REPLOGLE: Okay. So, are Mr. Souza or Ms. Mulliken available? MULLIKEN: Yes, can you hear me? REPLOGLE: Okay,here she is. Yes. MULLIKEN: I do not know if you can see me here or nofi --_-_ REPLOGLE: Acknowledged by nodding his head-4mould you raise your rlght`hand lease, do you swear to affirm the truth before this Commissiffi MULLIKEN: Yes. REPLOGLE: Okay, please proceed. MULLIKEN: I would just want to say thank youvery much for all of your time in hearing this today. Tracie that was a very impressive presentatia there thank you. You said everything that I would have said, you pretty In laid it all out as you seen, ere,we did do this rezoning back in 2011 with the sole purpose of building an automobile shop for my other half Donny. I'm sure he is listening,but heir working right now so, I'm not,sure if he would be able to chime in. But we have the full intention to=go forward-with it but, lrfe took a different path for us and we decided not to--p sue it and yeah,z the house a few years ago. We have no intention to move forward with the,proposed dwelling or utilize the zoning and we've had the house for-=gale for 2 years now with_�o_luck because of the zoning. Everybody just wants a resldentlaLproperty and unfortunately this was holding it up. For us, we thohht based on the bill when we read it, we assumed that it would automatically go back to the RS40111and just recently last year I was notified that it does not automatically change and that we would have to go through this process. We did not understand that at the time, that's why we requestedthis;: We do have a buyer for the property and our proposed closing date is February 16th,but we still haven't heard back on anything further and they have no wish to utilize the zoning as well. I believe you guys had got a letter their realtor as well as our letters as well. So, if you have any questions just please let me know but, thank you very much for everything. REPLOGLE: Thank you. Any questions fellow Commissioners? RAFFIPIY: Mr. Chair, I have a question. EXHIBIT C(DRAFT) 5 REPLOGLE: Mr. Raffipiy. RAFFIPIY: To Ms. Mulliken. MULLIKEN: Yes. RAFFIPIY: Since the CV-10 was granted, you have not made any improvement or anything to that property? MULLIKEN: No, we have not. RAFFIPIY: Okay, thank you. MULLIKEN: Thank you. w. REPLOGLE: Anything else? Okay, I again will entertain a motion to move for�ad�Mr. Clarkson? CLARKSON: I move that a thank you Mr. Chair. I move t.__ a favorable recommendation be forwarded to the County Council on the Llanning Director's initiated rezone of the subject property,based on the Planning Director's recommendation, wadopted. AU: I second that. REPLOGLE: It's been moved and seconded. Moved by Commissioner Clarkson and seconded by Commissioner Au that we, 16 te. Do we do_a roll call or just say aye? CAMERO: I'll do the roll call Tfiankyouu, Mr. Chairman. With that the motion on the floor is a favorable recommendation to CouneI arecommend ed by the Planning Director and we'll go ahead and mak&tbe Itcall. Sorryyou guys have been cracking me up all morning I swear. Commissioner Clarkson CLARKS=ON Aye. CAMERO: Commissioner AJ. AU: Aye. CAMERO: Commissioner Raffipiy? RAFFIPIY: Aye. CAMERO: Commissioner Vice-Chair Aguinaldo? AGUINALDO: Aye. EXHIBIT C(DRAFT) 6 CAMERO: And Chair Replogle? REPLOGLE: Aye. CAMERO: The motion carries five to zero (5-0), thank you all so much. Thank you, Melissa, thank you Donny very much. REPLOGLE: Thank you, you will be notified of the Commission's decision in writing. The discussion ended at 10:44 a.m. Respectfully submitted, Melissa Dacayanan-Salvada� Secretary Wjndward Planning Commission I i I EXHIBIT C(DRAFT) 7