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September 06,2012 <br /> County of Hawaii <br /> Planning Committee <br /> HAWAII COUNTY COUNCIL <br /> 25 Aupuni Street, <br /> Hilo,Hawaii 96720 <br /> Aloha: <br /> RE: OPPOSITION TO BILL 168 <br /> Souza/Mulliken Rezone RS-10 to CV-10 <br /> Zoning Change TMK (3)1-08-002:064 <br /> Parcel Located 18-1354 Nichols Road,Mt.View,HI 96771 <br /> We are neighbors living across the street from the subject property since the mid 1980's <br /> and our position is to oppose the proposed zoning change for the reasons described <br /> below. <br /> In my profession experience (Licensed Architect since 1982) doing highest and best use <br /> studies for clients seeking to purchase or develop properties to evaluate the property's <br /> potential;I would have recommended not to purchase or develop the subject property <br /> unless using the property only for a residence. I believe this property would have no <br /> realistic chance of rezoning (upzoning) when and until the Mt.View Community has set <br /> the guidelines for a Neighborhood Development Plan;and only if the property was <br /> accessed from the Old Volcano Road. Highway 11 access to the property even thru the <br /> private Nichols Road is contrary to sound planning practices. <br /> Perhaps in a decade or so,Mt.View Neighborhood Community may have the <br /> population and demand for Neighborhood Zoned parcels (CN-zoned). That is the <br /> appropriate time to consider mass zoning (CN-zoned) for the good of the <br /> neighborhood;but it is not appropriate right now to spot zone to a (CV-zone). <br /> Upzoning from a Residential Zoned property should only be considered if the <br /> potential zoning and permitted uses are compatible within a predominantly <br /> residential neighborhood. By changing a property's zoning classifications,the greatest <br /> negative use permitted by that zoning change becomes the future of the property and <br /> the measure for governing Public Officials to determine if the upzoning is <br /> appropriate for the communities'best interest. <br /> The County Code has the RCX Residential-Commercial Mixed Use District zoning a <br /> transitional residential to commercial zoning district of RCX (§25-5-42). The Code also <br /> has the CN Commercial Neighborhood District zoning to further bridge the gap <br /> (potential upzoning)between residential uses and limited commercial uses. <br /> Since the Public Officials (in their entirety)have not fully embraced the Basic Planning <br /> Principle To Judge The Merits Of An Upzoning by the property's potential impacts on <br /> Comm. No. 2Jo. 23 <br /> Ref.To: <br /> Ref. Date,SEP 0 6 <br />