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HomeMy WebLinkAbout01_23_2021 PD BACKGROUND REPORTBPBinitialed-MullikenSouzaREZdoc-It23/2021 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PLANNING DIRECTOR INITIATED REPEAL CHANGE OF ZONE ORDINANCE NO. 12-128 (REZ 11-0001431 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 Hawai`i 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 1. 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 Hawai`i 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 `Ohana 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 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. PUBLIC FACILITIES AND SERVICES 14. Access: Access to the subject parcel is from Nichols Road, a private roadway owned by 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. 18. Essential Utilities and Services: All essential utilities are available to the property. AGENCIES' COMMENTS 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. November 9, 2020 Mr. Michael Yee Planning Director County of Hawaii Planning Department 101 Paua hi St., Ste 3 Hilo, HI 96720 GOR PLANN1Nli DEH NOV 10 2020 PR4:23 RECD HAND DELIVERED Re: 18-1354 Nichols Rd., Mt. View, HI 96771, TMK (3) 1-8-002-064 - 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. 12 128, 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 2010 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 -10 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, dose to our family, children's schools and extra -curricular activities. We no longer wish to pursue commercial use on this 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, Donny Souza 808) 895-3250 xtr emeautowo rkshawa, 38 Mokuhonua Ln. Hilo, HI 96720 Cc: Christian Kay, Planner il_(om Melissa Mulliken 808) 987-1522 fast rI67eya hoo,con) 38 Mokuhonua Ln. Hilo, HI 96720 Planning Dept. 137626Exhibit1 uocubign envelope W'. 4HUTAA46Ldi i-4bcu-A zb-rbbuer2aubMb CC HAWAII REAL Pr CORP Pruprrt ManagementSales s! Lu, Ic 51 ',Id 11 11a • Ufficr 011 o -701v Iv (xug) 130-71112 Email Candace crh:m al I November 6, 2020 Mr. Michael Yee Planning Director County of 111 Planning Department 101 Pauahi St., Ste 3 Hilo, 1-11 96720 Re: 18-1354 Nichols Rd TMK #3-1-8-002-064 — Request Zoning Reversion to RS -10 Dear Director Yee: 1 am representing my clients, Mr & Mrs. Daeus and Aja Bencomo for the transaction to purchase the subject property. We are currently in escrow and scheduled to close on 12/18/20. 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. Daeus 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: DocuSwed q ap. 00140144.0 11/6/2020 Ajalle@§i2tt,°Buyer Date Concurred by: WeuSy.d try'. 7 - y 11/6/2020 6, Buyer Date 4 a(alm20 Donny E Souza, Seller Date Melissa A'Mulliken, Seller Date Please call me at (808)443-4616 if you have any questions. 1 look forward to hearing from you soon. Sincerely, Candace Gray, PB CG Haman Realty Corp Enc. William P. Keno! nn,. October 2, 2012 Mr. Donny Souza Ms. Melissa Mulliken P.O. Box 11289 Hilo, 111 96721 County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Puuuhi Suter, Suite 3 • Hilo, Hawaii 96720 Phone (8081961-82RR • Fax 18081961-8742 Dear Mr. Souza and Ms. Mulliken: B) Leilhead I odd nutmos Margaret K. Masunaga If p rn Change of Zone Application (REZ 11-000143) Applicant: Donny Souza & Melissa Mulliken Request: RS -I0 to CV -10 Tax Map 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 Ola`a Puna, Hawaii. Sincerely, I 1 LFII GAD TODD Planning Director L»meo23yhf - Atts. watt: Ms. Aubrey Summers Windward Planning Commission Plan Approval Section DLNR - HPD Real Property Tax Office State Department of Transportation l/moil (-own ALa/ Oprn Ywnrc Pi ides 0)1 E COUNTY OF HAWAII STATE OF HAWAII BILL NO. 168 ORDINANCE NO. 12 128 (DRAFT 2) AN ORDINANCE AMENDING SECTION 25-8-23 (MOUNTAIN VIEW ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HA WAPI 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. RE 1T 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 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at'Ola`a, Puna, Hawaii, shall be Village Commercial - 10,000 square feet (CV -I0): 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 Govermnent 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; 5. 320' 35' 97.14 feet along same; 6 1 hence along Vole ano Road, F.A.P. No. f-214) on 0 curve to the right with a radius of 1.869.86 rect. the chord azinndh and distance briny. SI d9' 7111 Iccl- flamer, along Nichols Road on a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: 99° 17' 17" 28.96 feet; X_ 145' 40' 124.59 Feet along Nichols Road; 9. 275' 01' 30" 20.50 feet along the remainder of (want 4053 to W. Wolters; IU. 237 47' 10" 44.61 tett along same: 11. 111 19' 1371 IC4 along sante; 3 217° 11' 44.11 feet along same; It 181 ;q' 1o" 'l)76 feet ;dour same. 14 1L8 56 4.3Xf eel along sante to the point et beginning and containing an area of 17,7RS Aquare Feet. All as shown 9n the matt titbit hereto. In liked P,xhibit "A" audio; n•liu enc made n putt hyoid lt1 1141FI ' In at t oolance wish Suction IS 241, I lawai'i ('maty ('nrle 191(5 1)00 • Edilin I. . (`m my Council finds the following Naglitions ale Ncct"sty to ptrwctll I llclmt lanoc". which mat. he,0It He to Ila public btahh. sd rh and welfare; or Reasonably conceived In 1111011 needs directly emanating Ona the land use proposed with 1espect to A) Protection of the public final the polentially deleterious creed 1)1 the proposed ilse. 11) Fulfillment of the need (01 public service demands created by the proposed Ilse. A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 1i. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant(s) shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment 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 a 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), Hawaii 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 nut within nearby road rights-uI4yay I he applicants shall restrict costumers t oft -Nile parkingand provide ample signage to deter oft -site parking. Ilio h is ut}u Lu <uea Ill h.IehtIS Road Pooling I Iighocay I I shall include landscaping prevent parking in that ara No direct access shall be allowed to the subject property from l 1ighway I 1 the applicant shall provide proper written documentation that the applicant owns Nichols Road and Inas obtained business insurance to cover the commercial use of Nichols Road poor to the submittal of plans fo; Plan Approval Review. All improvements to Nichols Itnad required by This ordinance must he constructed and maintained by the applicant at the applicant's expense and the applicant most maintain appropriate liability insurance to cover the commercial use of Nichols Road Prior to the issuance id t'eliticate of I )eeupaney for any commercial Ilse on the subject pnrpedy, the applicant(s) shall improve Nichols Road up to and including Ilse driveway access to the snhject property to a minimum commercial -standard pavement width of 18 Feel with shoulder and drainage improvements within a proposed SO -foot wide tight-nt-way, which the applicmns shall provide by a road ovidening within the subject property equal to half the distance between slot existing light-ohwuv and the proposed SU -foot wide right-of-way. Ingot pouuion of the additional right-nhwav and required roadway improvements as pmt of Nichols Road shall be accomplished prior Io the issuance ora certificate nt occupancy for any commercial use. Along that side of Nichols Road tighbof-way directs y adjacent to the subject property and commensurate with the required pavement improvements, the applicants) shall also provide a 5 -hart wide paved shoulder with a 7 -rout wide Issued drainage swale. All improvements to Nichols Road shall campty with Department of Public Works (DPW) Standard 1 )chit 14 it and be constructed iu a manner meeting with the approval of the DPW. Concurrent with road improvement required by this condition, the applicant(s) shall also provide any improvements to Highway I I as may be required by the State Department of Transportation to accommodate these required improvements to Nichols Road and its intersection with Highway 11. G. 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. H. 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. Commercial activity on the subject property shall he 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. 1. The method of sewage disposal shall meet with the requirements of the Department of Health. K. A Solid Waste Management Plan shall be submitted lo the Department of Environmental Management for review and approval prior to the issuance of Final Plan Approval. Should tiny remains ul historic niter, such as rock walls, terraces, platforms. marine shell couceimatiuns of banum blonds be iincanniteled, work m ti immediate area shall cease and the Department of Land and Natural Pe,rmrces State I listoric Preservation Division (1 )1,N12 II'1)) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from 1)1.NR-S111'1) when it finds That sufficient mitigation measures have been taken. M, Should the applicant('), successors or assigns develop residential units on the subject property, the applicant(s) shall snake its fair share contribution to mitigate the potential regional impacts of the properly with Iespeel to parks and recreation. Inc, police, solid waste disposal facilities and roads. .1 he lair share cmntribulioh shall become due and payable prior to receipt of Final Plan Approval The fair share euutribution fin each lot shall be based nn Ile actual number of residential units developed. 1 he lair share contribution in a firm of :ash, laud. Iacilities 1u any combination thereof shall be determined by the County Conned. .1 he lair share contribution may be adjusted annually beginning three years fillet the effective date of this innlivance, based nil the percentage change in the I limekiln iso 1 1,11( Et. ICy(II( I[l t he lair sbaae ram11 ibutiun'Wall liavo (Icombied value nf$7,9113.15 pct umltiplc tinnily lesidenlial unit (lit 2,t16A'I pct singb family Icvideulial unity l be total amount shall be delerntiued with the actual mumbel nl touts according to the calculation and payment provisions SPI (oilh iu This nudiUon. 1 be Bait share contribution per multiple family residential unit (.single family residential unit) shall be allocated as follows: 3,898.50 per multiple family residential unit ($5,939.22 per single family residential unit) to the County to support park and recreational improvements and facilities; 123.21 per multiple family residential unit (5286.51 per single family residential unit) to the County to support police facilities; 3. 5379.01 per multiple family residential unit (5565.89 per single family residential unit) to the County to support fire 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. 53,333.69 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 and/or construct improvements/facilities related to parks and recreation, fire, 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. O. lL cI15Ure Thal the 1 foals and Policies or the l sousing Element of the Ucnetal Plat tare implemental. the applicant ,shall comply with the requirements nY('limner 1I- Mliele 1.1 luwui'i f trimly Code relating to Alfordable Ilousing Polito Ilii, requirement shall be approved by the Adnrinisttatoi of the 011ie(' oI I lousing and Conununity Development prior to Final flan Approval. he applicants shall comply with all Colony, State and Federal laws, rules, regulations and requirements. Ali initial extension eftime fur the pertnrnance of conditions withi11 the ordinance may be granted by the Planning Director upon the following cirri 11115ta11CC1: I he moil pens nrnaucot. is the result afcondilions than could not hate been Iorescen in arc beyond the cnntrrl u( the applicants, successors of assigns. and that me 11111 the result of their mull or negligence. limiting cd ala_ Ii,ue exteusinn would not Ire contrary to the (ieuerul Plan m' Zoning ('ud Uranling of the time extension would not he contrary to the original neasous Ior the granting of the change nl zona he time extension granted shall he fora period not to exceed the period originally granted for pmforinane° (i -e., a condition to be performed within one year may he extended for up to one additional year) the applieangs) should raluiro an nddiliunal extension of time, the Planning Department shall submit Ile applieuts' request to the County Council kir appropriate action, 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: Hilo , Hawai'i CDateofIntroduction: August 15, 2012 Date of 1st Reading: August 15, 2012 Date of 2nd Reading: September 6 2012 Effective Date: September 2i, 2012 Ennan Gana 526.23 A! a \ r A''.R• RS -IO SINGLE FAWN IMIROERcTAL. CONI 60/1 1118-10/ TO NLLAQCO11XEROAL• 100001OFTICNIOI DIAL ARM 13,711 BOFr RS -10 RS ID 9i94 Of I MI -Sl) F, 2O IILLY1/11111af.11.1.11131111.1111111Feefl 1, 750 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-23 (MTN VIEW ZONE MAP) ARTICLE 0, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDIRON), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL - 10,000 SOFT (RS -10) TO VILLAGE COMMERCIAL - 10,000 SOFT (CV -10), AT OLA'A, PUNA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT FMK 1316&WL060 URIE. JUL 19. 1011 EXHIBIT "A" Souza end MNFken Map 1313 Introduced Bs,. Uaie Intruouced. First Reading Published: REMA RES OFFICE OF THE COUNTY CLERK County of ilawai`i Hilo Ilawai'i Pot e Hoff;ua:ut August 15, 2012 August 15, 2012 August 25, 2012 Second Reading To Mayor. Returned: Effective: Published_ RE,A/4RA.S September 6, 2012 September 17, 2012 Qctnber i , 2012 September 271_ 2012 October 16, 2012 RO c 0I I DO HEREBY CERTIFY that the foregoing SHE tuns adopted by the Caunt indicated above. ! APPROVED AS TO F•• M : EPits Al COU TY OF HAWAIIRPORATI COUNSEL Date SEP 21 2012 Ippror01 prmedthu 0276 Jnr OnIJ0 let 11:1)OR. ( UI; VT F OF 114 U I /7 Council published as COUNCIL (WA IRP 50 i tl 0UYTY CLERK Hill No Reference Ord No 168 I Oraft 2) C -526.23/P2-63 1.2 128 AYES lNOES ABS EX Blas X Ford X ' Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshirnoto i X 1 S 4 0 0 Draft 2) ROLL CALL VOTE AYES—INOES ABS ! EX Blas X ford X I loffmann 4 X Ikeda X Onishi X Pilago X Smart X_ 1YagongX._ Yoshimoto X i- 6 3 0 0 I DO HEREBY CERTIFY that the foregoing SHE tuns adopted by the Caunt indicated above. ! APPROVED AS TO F•• M : EPits Al COU TY OF HAWAIIRPORATI COUNSEL Date SEP 21 2012 Ippror01 prmedthu 0276 Jnr OnIJ0 let 11:1)OR. ( UI; VT F OF 114 U I /7 Council published as COUNCIL (WA IRP 50 i tl 0UYTY CLERK Hill No Reference Ord No 168 I Oraft 2) C -526.23/P2-63 1.2 128