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HomeMy WebLinkAbout2021-02-04 Windward Exh C Planning Director Initated, Donny Souza & Melissa Mulliken REZ 11-000143 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 presiding. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Thomas Raffipiy, John Replogle. VIRTUAL ATTENDANCE(STAFF): Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Deputy Planning Director), John Mukai (Deputy Corporation Counsel for the Planning Department), Maija Jackson (Temporary Assignment Planning Program Manager), Tracie Lee Camero (Planner), Rachelle Ley (Department Secretary), and Melissa Dacayanan-Salvador (Windward Planning 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 technical and/or internet difficulties which made the conversation inaudible. REPLOGLE: Okay, we are now going to move on to item number two on the agenda. KERN: Mr. Chair. REPLOGLE: Yes, excuse me. KERN: Thank you so the next agenda item I was actually the Chairman of the Windward Planning Commission when 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 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 for this application just wanted to disclose that I voted in favor of this original application and Ms. Hall maybe if you can advise or I just want to disclose that I was involved can I stay on or do I have to recuse myself? HALL: Do you believe that you can be impartial in hearing this application regardless of the last application that you were part of hearing? AU: Yes, I can and that is what I was going to state that yes fellow Commissioners and I can do that. HALL: Okay, yeah, we can move forward. REPLOGLE: Okay, moving on to agenda number two or item number two. Initiator is the Planning Director and (Donny Souza and Melissa Mulliken), REZ 11-000143. The Planning Director has initiated repealing Change of Zone Ordinance Number 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-Ten Thousand (10,000) square feet(CV-10) to Single-Family Residential-Ten Thousand (10,000) square feet(RS-10) at`Ola`a,Puna, Hawaii, TMK: (3) 1-8-002:064. Staff will make a presentation I believe. CAMERO: Thank you so much 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 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 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 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 where the Puna CDP envisions these community village type uses which include a mixture of Commercial as well as Residential types of uses. This is an aerial photo of the property with the property outlined in red with Highway 11 in the front as you can see across the street is Mountain View Gym, the Na Wai Ola Public Charter School, and the Saint Theresa Church. Mountain View Post Office is located here in the upper right-hand corner and you have a series of residences and residential uses in the surrounding area. The white structure located here is the Hawaiian Tel Switching Station and a switching station just for reference purposes this structure is located here on land designated by the Zoning Code as Limited Industrial. Currently, there is a Single-Family dwelling that is located on the subject property. This is a closer look at the site. As you can see the landowner has constructed a 2-story Single- Family residence on the property with a few related on-site improvements. The access to the property is located from Nichols Road which is to the left on your screen. This is a shot of the subject property from Nichols Road showing nothing, but a Single-Family dwelling exists on the property today. The grassy area to the right where was the proposed 1,800 square foot automobile repair shop and on-site parking was to be located. However, the landowner has not applied nor started on any construction for the proposed construction. This is the photo from the intersection of Nichols Road and Highway 11 and heading up towards to Mr. Souza and Ms. Mulliken's property to the right. As you can see while there is pavement the roadway transitions to a sub-standard roadway that is approximately thirty (30) feet wide the further you drive away from the intersection. The Planning Director is recommending that the Planning Commission forward a favorable recommendation to the County Council 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 the 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 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 not. REPLOGLE: Acknowledged by nodding his head. Would you raise your right hand please, do you swear to affirm the truth before this Commission? MULLIKEN: Yes. REPLOGLE: Okay, please proceed. MULLIKEN: I would just want to say thank you very much for all of your time in hearing this today. Tracie that was a very impressive presentation there, thank you. You said everything that I would have said, you pretty much laid it all out as you seen there, 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 he is 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, life took a different path for us and we decided not to pursue it and yeah, we decided to sell 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 sale for 2 years now with no luck because of the zoning. Everybody just wants a residential property and unfortunately this was holding it up. For us, we thought based on the bill when we read it, we assumed that it would automatically go back to the RS-10 and 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 requested this. We do have a buyer for the property and our proposed closing date is February 16'', 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 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. REPLOGLE: Anything else? Okay, I again will entertain a motion to move forward, Mr. Clarkson? CLARKSON: I move that a thank you Mr. Chair. I move that a favorable recommendation be forwarded to the County Council on the Planning Director's initiated rezone of the subject property, based on the Planning Director's recommendation, which shall be adopted. AU: I second that. REPLOGLE: It's been moved and seconded. Moved by Commissioner Clarkson and seconded by Commissioner Au that we, lets vote. Do we do a roll call or just say aye? CAMERO: I'll do the roll call. Thank you, Mr. Chairman. With that the motion on the floor is a favorable recommendation to Council as recommended by the Planning Director and we'll go ahead and make the roll call. Sorry, you guys have been cracking me up all morning I swear. Commissioner Clarkson? CLARKSON: Aye. CAMERO: Commissioner Au? AU: Aye. CAMERO: Commissioner Raffipiy? RAFFIPIY: Aye. CAMERO: Commissioner Vice-Chair Aguinaldo? AGUINALDO: Aye. EXHIBIT C 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-Salvador Secretary Windward Planning Commission EXHIBIT C 7