SUMMARY ZONE CHANGE PACKET for

Lot No. 5New-2, Tract 306, Municipality of Yigo

DIANE E.R. ARTERO

SZC 2010-23

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Legislative Secretary

Signature. If/-30th GUa~UreA -7 Building Official (Director's Office) Department of Public Works Name (print): ~t;?d . a.~ Date: /0//1..- 0 / P Time: ;;?-:; tJ ;p. ... FOR RECORDATION ONLY: Deputy Civil Registrar

THIS SECTION IS NOT APPLICABLE; SEE NOTICE OF ACTION (NOA) ATTACHED.

Signature: ______ _ Name(print): ______ _ Date: _______ _ Time: _______ _

Applicant( s)

DIANE E.R. ARTERO

Signature/ Date

Street Address: 590 S. Marine Corps Drive

Suite 733 ITC Building Tamuning, GU 96913

Mailing Address: P.O.Box 2950

HagAtfla, au 96932

Website: http://dlm.guam.gov

E-mail Address: dlmdir@guam.gov

Telephone: 671-649-LAND (5263)

Facsimile: 671-649-5383

FELIX P. CAMACHO Governor of Guahan

MICHAEL W. CRUZ, M.D.

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September 17,2010

DIPATTAMENTON MINANEHAN TANo' (Department of Land Manag,ement)

GUBETNAMENTON GUAHAN (Government of Guam)

Honorable Senator Tina Rose Muna-Barnes Legislative Secretary, 30th Guam Legislature

155 Hessler Place Hagatiia, Guam 96932

Re: Summary Zone Change Application No. SZC 2010-23 Lot No. 5New-2, Tract 306, Municipality of Yigo; For Diane E.R. Artero

Pursuant to 21 GCA (Real Property), Chapter 61 (Zoning Law), Part 3 (Changes of Zones), Section 61639 (Summary Procedure for Agricultural and Single-Family Residential Rezoning) and Executive Order 92-08 (Establishing Interim Rules and Regulations for Individual, Small Landowner Zone Changes), the Department of Land Management is herewith submitting to the Legislature, a Zone Change application for Lot No. 5New-2, Tract 306, Municipality Of Yigo, from "A" (Agricultural) to "R-2" (Multi-Family Dwelling) Zone in order to allow operations of a Day Care Facility.

As such, the Department of Land Management Approved the Zone Change with conditions as specified on September 17, 2010.

Your attention to this matter is greatly appreciated.

Sincerely,

Christo~t M. Duenas Director

PCG Attachment(s):

1. Zone Change Map F3-67S42, Amendment No. 111 2. Staff Report and Notice of Action 3. Zone Change Application 4. MPC Resolution (Yigo MPC)

Christopher M. Duenas Director

MICHAEL C. JAMES

SUMMARY ZONE CHANGE APPLICATION NO. 2010-23 DIANE E.R. ARTERO PREPARED ON APRIL 01 , 2010

FROM: "AM AGRICULTURAL

TO: "R-2" MULTI-FAMILY DWELLING

LOT NO: 5NEW-2

BLOCK NO. NJA

TRACT: 306

MUNICIPALITY: YIGO PLACE NAME: N/A

PLACE NAME: NJA

SCALE: NlA

AMENDMENT NO: A-111 ZONING MAP NO: F3-67 S 42

APPROVED WITH CONDITIONS [AS NOTED ON NOTICE OF ACTION AND PURSUANT TO TITLE 21 . GCA. CHAPTER 61 , SECTION 61639 AND EXECUTIVER ORDER 92-08] t~!

Q Mlo CHRISTOPH~ M. DUENAS DATE DIRECTOR DEPARTMENT OF LAND MANAGEMENT

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Director of Land Management Notice of Action - SZC 2010-23 Diane E.R. Artero Lot No. SNew-2, Tract 306, Yigo Page 2 of 3

Please submit this form with necessary plans to the appropriate agency. If request was tabled, approved with conditions or involved clarification, see the conditions below for further details.

NOTATION: Zone Change on Lot No. 5New-2, Tract 306, Municipality of Yigo, from "A" (Agricultural) to "R-2" (Multi-Family Dwelling) Zone in order to allow operations of a Day Care Facility.

CONDITIONS: The Department of Land Management Approved the application based on the following conditions:

1. That the applicant comply with all permitting agency conditions and requirements;

2. That the building construction site development plan provide detail of structure location, parking layout, landscaping plan, disposal of sewage and access; and that the site development plan be approved by the Guam Chief Planner prior to issuance of a building construction permit;

3. That any future increase in dwelling units or use intensity from the approved site plan shall require the owner/developer to resubmit a revised site development plan to the Guam Chief Planner for re-evaluation to determine physical and social impacts prior to requesting for a building permit;

4. That said zone change under this process shall not include the following uses or conversions: Horizontal Property Regimes ((21 GCA, Chapters 45) (Horizontal Property Act) and 47 (Time Share Ownership)), hotels/motels, and residential commercial activities such as laundry room, gift shop, and the like; and temporary workers housing facilities;

5. That the development comply with GEPA's waste-water disposal system requirements and conditions and other building permit requirements and any upgrading required by the agency;

6. That the applicant maintain green areas and use local flora for landscaping, as well as provide a trash bin location near the curb side and perimeter fencing;

Director of Land Management Notice of Action - SZC 2010-23 Diane E.R. Artero Lot No. SNew-2, Tract 306, Yigo Page 3 of 3

7. That the applicant provide 2:1 parking for each dwelling unit and parking for staff and guests of the facility.

!Carlos R. Untalan Guam Chief Planner

September 17, 2010 Date

Christopher M. Duenas Director of Land Management

September 17, 2010 Date

Case Planner: ~'rI Penmer C. Gulac, Planner III -\ Attachments: MPC Resolution 10-02 (Yigo Mayors Office)

and Petition of Support

cc: Building Permit Section, DPW

+: * ** ** *** * * * * * ** * * * * * ** ** ** ** +: * * * * * * * * ** * * * ** * * +: * 7: * * * * * * * * ** * * ** * * * ** 7: * * *** * * *** * * *

CERTIFICATION OF UNDERSTANDING

I, Diane E.R. Artero, understand and accept the conditions above as a part of the Notice of Action, and further agree to adhere to the conditions made a part of and attached to this Notice of Action as mandated by the approval of this zone change by the Department of Land Management.

Diane E.R. Artero:

~fl //:& / ~Jt0 Signature of Applicant 0 te 7

=============================================== NOT ICE: This Notice of Action must be presented by the applicant and/or their representative (engineer, contractor, etc.) to all permitting agencies in securing permits for construction.

Director of Land Management Notice of Action - SZC 2010-23 Diane E. R. Artero Lot No. 5New-2, Tract 306, Yigo Page 3 of 3

========================================================

AGREEMENT

Summary Zone Change

Application No. 2010-23

I, Diane E.R. Artero, the undersigned, acknowledge that approval of the

Zone Change request does not constitute automatic approval or guarantee the issuance

of the "Building Permit" for the construction of any dwelling. I, further understand that

the issuance of the necessary "Building Permit" will be dictated by the availability

and/or adequacy of infrastructure in the area. This will be determined by the

infrastructural agencies, i.e., Guam Environmental Protection Agency, Guam Power

Authority, Guam Waterworks Authority and the Department of Public Works.

Ai ne E.R. Artero: - ?~ .~4pU"-£~ Signature of Applicant

September 17, 2010

To:

From:

Subject:

Re:

Director, Department of Land Management

Guam Chief Planner

Staff Report - Case No. SZC 2010-23

Summary Zone Change- Lot No. 5New-2, Tract 306 Municipality of Yigo; For Diane E. R. Artero

1. PURPOSE

a. Application Summary. The Applicant, Diane E.R. Artero, is requesting for a zone change on Lot No. 5New-2, Tract 306, Municipalityof Yigo from "A" (Agricultura)1 to "R-2" (Multi-Family Dwelling) Zone in order to allow operations of A Day Care Facility.

b. Legal Authority. 21 GCA (Real Property), Chapter 61 (Zoning Law), Part 3 (Changes of Zones, Section 61639 (Summary Procedure for Agricultural and Single Family Residential Rezoning) and Executive Order 92-08 (Establishing Interim Rules and Regulations for Individual, Small Landowner Zone Changes), Public Law 21-82:4 as amended by P.L. 21-144:8.

2. FACTS:

a. Location. The subject lot fronts Chalan Lemai and is approximately 2,000 feet east off Route No.1 (Marine Corps Drive) and abuts the lot where the main day care facility (Good Day Care) is situated. It is also approximately 3,000 feet northeast of the Yigo multi-purpose gym in (see attached vicinity map).

b. Field Description. There's an existing residential structure on the lot. The topography is fairly flat all around the property. All public utilities such water, power, telephone service connections are within 100 feet along the right-of-way. There is a no public sewer in this area of Yigo.

b. Lot Area. 2,414 square meters or 25, 682 square feet

c. Present Zoning. "A" ( Agricultural) Zone

e. 1967 Master Plan. Open space / Agricultural

f. Community Design Plan. Residential; Low Density

Director of Land Management Staff Report - Case No. SZC 2010- 23

\ Lot No. 5New-2, Tract 306 Yigo Page 2

g. Surrounding Area. The surrounding area consists of single-family dwellings, duplexes and vacant lots. There's an apartment complex (Quitugua Estates) located approximately 1,500 feet to the south. There are sporadic farming activities for sUbsistence within 1, 000 feet to the east and southeast. A retail store activity is under construction approximately 1,200 feet along Route No.1 (approved by the land use commission) recently. The proposed development is conducive to the existing land use trends comprising of mix uses of single-family, multi-family and and commercial activities within 500 - 2,000 feet radius. The proposed development of an existing residential structure is not expected to have a major impact to existing infrastructure or to immediate surroundings.

3. APPLICATION CHRONOLOGICAL FACTS.

a. Date Application Accepted: February 8, 2010

b. Certifications:

DPW: No Official Certification have been received from DPW as of Staff Report Date. Per Planning Staff inspection, the property is accessible from the 40-foot wide right-of-way (Chalan Lemai) that connects from Route No.1 in (Marine Corps Drive). DLM is mandated by law to continue and process the application and file it to the legislature for their review and further actions.

GWA: Their Official Certification have been received. GWA's position considers the proposed facility as a commercial establishment thus the following conditions will be applicable:

1. The water rate for the facility will be changed from residential to commercial. 2. As a commercial customer of GWA, a back flow preventer will be required and

installed after the water meter.

GWA's position statement shall remain valid for 365 days from the date of this response. For additional information, the applicant shall contact the GWA Engineering Supervisor or the Customer Service unit at the authority.

Based on a Planning Staff site inspection, the existing structure is connected to a GWA water.

Director of Land Management Staff Report - Case No. SZC 2010- 23 Lot No. 5New-2, Tract 306 Yigo Page 2

g. Surrounding Area. The surrounding area consists of single-family dwellings, duplexes and vacant lots. There's an apartment complex (Quitugua Estates) located approximately 1,500 feet to the south. There are sporadic farming activities for subsistence within 1, 000 feet to the east and southeast. A retail store activity is under construction approximately 1 ,200 feet along Route No. 1 (approved by the land use commission) recently. The proposed development is conducive to the existing land use trends comprising of mix uses of single-family, multi-family and and commercial activities within 500 - 2,000 feet radius. The proposed development of an existing residential structure is not expected to have a major impact to existing infrastructure or to immediate surroundings.

3. APPLICATION CHRONOLOGICAL FACTS.

a. Date Application Accepted: February 8, 2010

b. Certifications:

DPW: No Official Certification have been received from DPW as of Staff Report Date. Per Planning Staff inspection, the property is accessible from the 40-foot wide right-of-way (Chalan Lemai) that connects from Route No.1 in (Marine Corps Drive). DLM is mandated by law to continue and process the application and file it to the legislature for their review and further actions.

GWA: Their Official Certification have been received. GWA's position considers the proposed facility as a commercial establishment thus the following conditions will be applicable:

1. The water rate for the facility will be changed from residential to commercial. 2. As a commercial customer of GWA, a back flow preventer will be required and

installed after the water meter.

GWA's position statement shall remain valid for 365 days from the date of this response. For additional information, the applicant shall contact the GWA Engineering Supervisor or the Customer Service unit at the authority.

Based on a Planning Staff site inspection, the existing structure is connected to a GWA water.

Director of Land Management Staff Report - Case No. SZC 2010- 23 Lot No. 5New-2, Tract 306 Yigo Page 3

GEPA: Guam EPA have submitted their official certification and had inspected the site and they stated that the existing residence is not connected to pubic sewer, however there is GWA water service. They also note that there is no water wells within 1,000 feet of the subject lot.

Guam EPA disapproves of the proposed Summary Zone Change with conditions and recommendations as noted on attached Position Statement dated April 12, 2010.

GPA: The Authority has submitted their official certification. GPA has no objections, however, the customer is required to comply with all requirements pursuant to the National Electric Safety code and GPA's Service Rules and Regulations as noted in their official certification (attached).

(Note): Pursuant to Section 61639 (a)((1), failure to provide the Department of Land Management, from any infrastructure agency as to the availability and/or adequacy of infrastructure (water, power, sewer), within ten (10) working days from receipt of this request, shall constitute an assumption by DLM that the agency not answering the request has no objection to the rezoning.

c. Municipal Public Hearing: Pursuant to P. L. 21-144:3, the public hearing on this zone change application has been waived and any hearing is deferred to the Mayor and the Municipal Planning Council of Yigo.

d. Municipal Planning Council (MPC) Resolution and MPC Approval: The Mayor of Yigo a received a copy of the application packet for the proposed development Ms. Diane E.R. Artero. MPC Resolution No. 10-02, dated February 10, 2010, approving the zone change was received by DLM on February 26, 2010.

4. STAFF RECOMMENDATION: Planning Staff recommends Approval of the Summary Zone Change request with the following conditions:

1. That the Applicant comply with all permitting agency conditions and requirements;

2. That the building construction site development plan provide detail of structure location, parking layout, landscaping plan, disposal of sewage and access; and that the site development plan be approved by the Guam Chief Planner prior to issuance of a building construction permit;

Director of Land Management Staff Report- Case No. SZC 2010-23 Lot No. 5New-2, Tract 306, Yigo Page 4

3. That any future increase in dwelling units or use intensity from the approved site development plan shall require the owner/developer to resubmit a revised site development plan to the Guam Chief Planner, Department of Land Management for re-evaluation and re-assessment to determine physical, as well as, social impacts prior to requesting for a building permit;

4. That said zone change under this process shall not include the following uses or conversions: Horizontal Property Regimes (Title 21, GCA Chapters 45 (Horizontal Property Act) and 47 (Time Share Ownership), hotels/motels, and residential commercial activities such as laundry room, gift shop, and the likes; and temporary workers housing facilities;

5. That the development comply with GEPA's waste-water disposal system requirements and conditions and other building permit requirements and any upgrading required by the agency;

6. That the applicant maintain green areas using local flora for landscaping, as well as provide a trash bin location near the curb side and perimeter fencing;

7. That the applicant provide 2:1 parking for each dwelling unit and parking for staff and guests of the facility.

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t::CG w/attachments

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('.~'C!"ld~!" W. CRUZ FEUX P . Ct\lviACt-iO GOVEmlOR OF GUAI4

P.O. Box 22439 GflilF 0 BARRIGADA, GUAM 96921 TEL: 475-1658/9 0 FAX: 477-9t!,02 l T. Go1!E~r·'QL'i! OF GUf.\fc'

MEMORANDUM APR 12 2010

TO: Director, Department of Land Management

ATTN: Division of Planning

FROM: Administrator

SUBJECT: Lot No.5 NEW-2, Tract 306; Municipality ofYigo, (Diane E.R. Artero), Summary Zone Change (SZC), Public Law 21-82, Section 4, as amended by P.L. 21-144 and Executive Order 92-08; SZC 2010-23

Buenas. The Guam Environmental Protection Agency has reviewed the subject application for a summary zone change. The zone change is from "A" (Rural-Agricultural) to "R-2" (Multi-Family Dwelling). Ms. Diane E.R. Artero mentions the reason for the SZC is because they would like to convert an existing single residential dwelling to a Child Day Care Facility.

A site visit was conducted determining that the subject lot is not connected to the public sewer system. There are no water wells within 1000 ft. radius from subject lot and GWA water is available. An environmental assessment was not required for submittal for this application. The review of this application generated the concerns below.

The Guam EPA disapproves of this proposed Summary Zone Change with conditions as noted:

• The water pressure and water supply is not adequate to support the demand for "R-2" Multi-Family Dwellings. This area has a history oflow water to no water pressure.

• The owners need to provide a drainage system to contain stormwater run off within their property.

• The owners need to provide supporting information on sketch plan reflecting the density information, all setbacks, parking information, recreational area, connection of public power/water, and entrance and exit to facility.

SZC 2010-23 Continued.

• The owners need to provide infonnation on current size of septic tank and leaching field. Also computations showing that exiting septic tank/leaching field capacity can accommodate the proposed use.

• Conditional use rather than a summary zone change might be more appropriate for the proposed use.

/I.·~ .' ","" \ ------ ~

LORILEE T~RISOSTOMO

.. . GUAM POWER AUTHORITY

ATURIOAT ILEKTRESEOAT GUAHAN P.O.BOX 2977 · AGANA, GUAM U.S.A. 96932'~~E[))

February 23,2010 M V, MEMORANDUM MAR 01 2010

To: Director, Department of Land Management De~,!!~ })!,1And ~an~nt Ttme. 4! :;JL Intl.~

From:

Subject:

General Manager, Guam Power Authority

Lot SNEW-2, Tract 306, Municipality ofYigo, (Diane E.R. Artero); Summary Zone Change Application No. 2010-23 SZC

t' 3-03-'20l0 CvMLA.

r ltr ~ CctJe Pi ~f ~

Guam Power Authority has reviewed the above-referenced application for Zone Change from "A" (Agricultural) to "R-2" (Multi-Family Dwelling) in order to allow operations of a Child Care Facility.

GP A understands that the zone change will allow the property owners to maximize the use and enjoyment of the property and that it is the intent of the applicant to bring the proposed subdivision into compliance with zoning regulations of Guam.

Agency Position:

GP A places no objection to the zone change.

Impact Statement on GPA facilities:

Electrical service is available in the immediate area. There is no major impact to the Authority concerning the zone change. No additional load from the applicant was submitted.

INFRASTRUCTURE CERTIFICATION FORM

Agency Certifying: Guam Power Authority Applicant: Diane E.R. Artero Location: Lot SNEW-2, Tract 306, Yigo Type of Application: Summary Zone Change GLUC/GSPC Application No. 2010-23 SZC Brief Project Description: Summary Zone Change from "A" to "R-2" in order to allow operations of a Child Care Facility.

For the purposes of this Certification, GOVERNMENT SERVICES, FACILITIES, and INFRASTRUCTURE include, but are not limited to: power lines poles and facilities; water lines, pumps and facilities; sewer and liquid waste disposal; storm water disposal; solid waste disposal; telephone lines and facilities; schools; health facilities; police and fire fighting service and facilities; roads; traffic and street lights; parks and recreational activities.

1. I hereby certify that the required GOVERNMENT SERVICES, FACILITIES and INFRASTRUCTURE are currently AVAILABLE AND IN PLACE to support this project:

Yes !SJ No 0

2. If the answer to #1 above is YES, then: I hereby certify that the required GOVERNMENT SERVICES, FACILITIES and INFRASTRUCTURE are currently ADEQUATE to support this project:

Yes !SJ No 0

3. If the required GOVERNMENT SERVICES, FACILITIES and INFRASTRUCTURE currently in place are NOT A V AILABLE or they are AVAILABLE, BUT NOT ADEQUATE, itemize the services, facilities and infrastructure that are needed, the estimated cost thereof and whether funds are currently available and identified to develop such services, facilities and infrastructure:

Services, Facilities and Cost of Funds Date Available Funds Infrastructure Needed Upgrades Available Identified Please see comments below

I hereby certify that the foregoing is true and correct to the best of my knowledge.

,~ ~~ -~

GUAM AUTHORITY 578 North Marine Corps. Drive

Tumon, Guam 96931 Phone: 646-7810 Fax: 647-2621

February 18,2010

Christopher M. Duenas Director Department of Land Management Government of Guam P.O. Box 2950 Hagatna, Guam 96932

Subject: ARC# 2010-23; Summary Zone Change for Lot No.5 New-2 Tract 306 Municipality of Yigo Applicant: Diane E.R. Artero

Guam Waterworks Authority has reviewed the Summary Zone Change application requesting approval to rezone the subject lot from an "A" (Agriculture) to "R-2" (Multi-Family Dwelling) in order to allow operations of a Child Care Facility. GWA understand the building structure, along with the water and wastewater system, already exist and that only interior renovations will be required to convert the family dwelling to a child care facility. This letter shall serve as GW A's position statement to the summary zone change application.

GW A considers a Child Care Facility a commercial establishment thus the following conditions will be applicable:

1) The water rate for the facility will be changed from residential to commercial 2) As a commercial customer of GW A a backflow preventer will be required and

installed after the water meter.

This GWA Position Statement shall remain valid for 365 calendar days from the date of this response. For additional information please contact Mr. Thomas Cruz, P.E. Engineering Supervisor at 646-7810.

ard J. Olive, ScD General Manager

Itt;z~ Martin L. Roush, P.E. Chief Engineer

MUNICIPALITY OF YIGO Mayor's Council of Guam P.o . Box 11670 Yigo, Guam 96929

Robert O

/ (

Page 2 of 2 February 19, 2010 Resolution No. 10-02

WHEREAS, the Yigo Municipal Planning Council, met on February 3, 2010, at the Yigo Senior Citizen

Center, during the regular monthly meeting, and reviewed, discussed and unanimously approved the

application subject to conditions set forth; Therefore be it

RESOLVED, that the applicant comply with the following:

1. That the applicant comply with all, rules, regulations, cedes and government agencies

conditions and requirements.

2. That no additional expansion and construction to the existing structure occur.

3. That the applicant be restricted to ONLY operate a Child Day Care Facility.

4. Should the applicant wish to operate any other form of business, that the applicant re-apply

for another zone request: Be it further

RESOLVED, that the Chairman of the Yigo Municipal Planning Council certifies and the Secretary attests

the adoption hereof and that copies of this resolution be therefore transmitted to the Director, Planning

Division and Summary Zone Section, Department of Land Management, and to Mrs. Diane E.R. Artero.

DULY RECORDED AND REGULARLY ADOPTED BY THE YIGO MUNICIPAL PLANNING COUNCIL ON THE 3rd

DAY OF FEBRUARY 2010.

Attested: Certified

I

e S. Lizama C-Chairman and Mayor of Yigo

Street Address: 590 S . Marine Corps Drive

Sutte 733 ITC Building Tamuning. GU 96913

Mailing Address: P.O. Box 2950

.. Hagatfia. GU 96932

Website: http://dlm.guam.QOv

E-mail Address : dlmdir@dlm.guam.gov

Telephone: 671 -649-LAND (5263)

Facsimile: 671-649-5383

FELIX P. CAMACHO Governor of Guam

MICHAEL W. CRUZ, M.D. Lieutenant Governor of Guam

DIPA TTAMENTON MINANEHAN TAN01

(Department of Land Manag,ement) GUBETNAMENTON GUAHAN

(Government of Guam)

CHRISTOPHER M. DUENAS Director

MICHAEL C. JAMES

1iI!M~."''''' 77 .""~~~_'Y __ ~-":~""'~;~ _ _ :~ ... ___ --""'~-.J. lt~..2.,\;_~t· 'l9'" .~ .. 8e~~ D~~.c~o~~ .~_,." February 8, 2010

From: Guam Chief Planner

Subject: Request for Certification / ARC

Attached for your review and action is an application under Public Law 21-82, Section 4; Summary Zone Change Program.

Applicant(s): DIANE E.R. ARTERO

Application No. SZC 2010-23

Project Description: To rezone the property from "A" (Agricultural) to "R-2" (Multi-Family Dwelling) Zone in order to allow operations of a Child Care Facility. (Lot NO.5 New- 2, Tract 306, Municipality of Yigo.

Date Received: February 4, 2010

Date Accepted: February 8, 2010

** Due Date for Certification: February 19, 2010 (PubliC Law 21-144, Section 8(b)(A)(1)

Certification must be directed to Director, Department of Land Management, Division of Planning. If you have any questions, please call 649-5385 or 5390, and ask for Pen mer C. Gulac, the assigned case planner.

Thank You.

Carlos R. Untalan Guam Chief Planner

-fPCG Attachment: as noted

Street Address: 590 S. Marine Corps Drive

Suite 733 ITC Building Tamuning, GU 96913

Mailing Address: P.O. Box 2950

Hagatr'ia, GU 96932

Website: http://dlm .guam.gov

E-mail Address: dlmdir@dlm.guam.gov

Telephone: 671-649-LAND (5263)

Facsimile: 671-649-5383

FELIX P. CAMACHO Govemor of Guam

MICHAEL W. CRUZ, M.D. Lieutenant Governor of GUClm

ebruary 10, 2010

DIPATTAMENTDN MINANEHAN TAND" (Department of Land Manag,ement)

GUBETNAMENTDN GUAHAN (Government of Guam)

Honorable Robert "Bob" Lizama Mayor of Yigo,

CHRISTOPHER M. DUENAS Director

MICHAEL C. JAMES Deputx Director

c/o Municipal Planning Council ifAYOHS' COUNCIL

OF GUAM Dear Mayor Lizama:

An application has been filed with the Department of Land Management, Division of planning by:

Diane E.R. Artero, owner of Lot No.5 New-2, Tract 306, Municipality of Yigo, under Application No. SZC 2010-23, for a Zone Change from "A" (Agricultural) to "R-2" (Multi-Family Dwelling) Zone in order to allow operations of a Day Care Facility.

Pursuant to Public Law 21-144, Section 3 (Waiver of Formal Public Hearing), the Department of Land Management hereby waives the requirement of a formal public hearing and defers any hearing on the application to your Municipal P~anning Council (the MPC). .

Although the Department has waived the requirements of a formal public hearing, a mandatory MPC Resolution is required prior to any final action on the application. To ensure that our recommendation is consistent with the desire of your community, we request that your MPC submit a Resolution stating its position (Le., support, objections, concerns, conditions, etc.) on the zone change. The Resolution should be transmitted within fourteen (14) days from the date of DLM filing with your office. The Resolution can be faxed to the Department at 649-5383 to the attention of Summary Zone Change Section, Land Planning.

Thank you for your attention to this matter

Sincerely,

ChristoPher l. Duenas PCG Attachments: Application Packet

SUMMARY ZONE CHANGE Ii.. Ilu ( (Po L 21-82:4 Short Form 3~ Amended bV P.L 21.144:8)

TO: Director, Department of Land Management Application No.: I aa c/o Division of Land Planning Diane E.R. Artero Government of Guam r- -P.O. Box 2950, Hagatna, Guam 96932 "- Accepted Date 8-Feb-10 The Undersigned owner(s)/Jessee(s) of the Case Planner: PenmerG request consideration for a Zone Change.

1. Information on Applicant:

Name of Applicant: Diane. [ .'1.. lh .. fe.r D u.s. Citizen: N Yes [] No Mailing Address: --:P V. Box US9Z Y(jD I Ga 1.///;.1 Telephone No.: Business: lR53 -1lJ; 11 Home: u53-.;l80f

2. Location, Description and Ownership: (NOTE: The maximum lot cannot exceed two (2) acres or 8,093.743 square meters or 87,120 square feet, gross arBa.)

Subdivision Name: Fun{jo / La I

cha.Y1cL Lot(s): Lv+- S jJwJ d. Block: Tract: 360 Lot Area: Acres: Square Meters: "z'l / 'f !.. Square Feet: Village: jigD Municipality: 'iir:/ Registered Owner(s): Diane E·J(· Bth:ro Certificate of Title No.: Recorded Document No.:

~ (Gift, Warranty, etc.): G-it+ Deed Document No.: 5&:&, t90

3. Current and Proposed Land Use:

Current Use: SiYljle.i Fa.mi l~ DlPell i tl3 ~\lA . ~ Current Zoned: {:rnGl,L V

Re .. La t !;" A)ell.' '- 2- SUMMARY ZONE CHANGE .. 7'1'tut 30.> y".~

5. Supporting Information (Continuation):

e. The most recent survey map, certified and recorded at the Department of Land Management, showing the subject property.

f. For "R-1" Zone Change request: A proposed property map showing how many lots are to be subdivided.

g. For "R-2" Zone Change request: Preliminary sketch plan should be drawn to scale and show the following items:

(1 ) Density: Number of units and type. (Le. Eight (8) units, three (3) bedroom, two baths, etc .. )

(2) All setbacks or distance from proposed building to property boundary line. (2) Parking Stalls must be numbered. Also, show one parking for persons with

disabilities for every sixty (60) regular stalls (minimum). (4) Recreational area or playground must be provided for children of tenants. (5) Show nearest location of sewer, water, power connection or hook-up. (6) Entrance and Exit of project area. (9) Etc ... Any other information you feel is necessary or pertinent to your request. (10) In addition the following information is required by the Agencies as follows:

GUAM ENVIRONMENTAL PROTEACnON AGENCY GUAM POWER AUTHORITY 3. Copy of Site Layout showing the existing building

2. Include Ownership and Encumbrance structures and the outlIne of the septic tank and Title Report. leaching field system, if not connected to public

Provide Proposed Power Demand!n sewer.

2. 4. Copy of building Permits for any extensions Kilovolt Amps (KVA). (addHional structures) to the existing dwelling

unit

6. Filing Fee: Twenty-Five Dollars ($25.00) filing fee as per the passage of Bill 74, signed and approved by the Govemor of Guam on May 18, 2007, under Public Law 29-02, Chapter V, Part III (Fees and Charges Assessed by the Department of Land Management).

7. Required Signatures: All legal owners/lessees of deSignated parcel shall sign form with name(s) typed or handwritten, signed and dated:

I/We hereby certify that all information contained In this application and its supplements are true and correct. UWe also understand that any misrepresentation In this application shall void the entire submission.

LJalJ'c 6.7f.. /lrlrrD!;J~./£t~ Owner (Print/Sign) I Owner (Print/Sign)

~/ / c2P/ I/) D~te 7 Date

Representative (If any) Date

THIS FORM SHALL NOT BE MAILED. APPLICANT OR REPRESENTATIVE SHALL SUBMIT IN PERSON, BY APPOINTMENT ONLY, TO THE LAND PLANNING DIVISION,

DEPARTMENT OF LAND MANAGEMENT.

DLM SUMMARY ZONE CHANGE FORM - Revised June 2008 Page 1 of 2

·1"1(::····· ". January 28, 2010 r.::. ~ c, ,

TO:

Subject:

Mr. Christopher M. Duenas Director of Land Management C/O Planning Division Summary Zone Change Section Government of Guam

Zone Change Application on Lot 5 New 2 Tract 306, Yigo ( Rezone from "A" to "R-2" for Child Day Care Facility.

Pursuant to Public Law 21-82 (as amended by Public Law 21-144, Section 8), I, Diane E. R. Artero, submit an application for a Summary Zone Change (SZC) on Lot 5 New 2 Tract 306 containing and area of2,414+ _ S.M .. Check No.

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402-FY86, filed on September 29, 1986, instrument no.376543. The I /1 tJ following infonnation is provided pursuant to the SZC process: (;(//6 ~ -y ,; t \\

1. What is the current zone on the property? "A" (Agriculture) 1r 0 ~ t t~' ryJ 2. Who currently owns the property? Diane E. R. Artero " ~ I~l 3. How did you acquire the property? Deed of Gift from Craig W. Reilly and pi (JI t1 f'

Jeanette T. Reilly on August 12, 1998 under Document No. 588895. 4. What is currently on the property? Single Family Dwelling. 5. Are you hooked up to public sewer? No, (it is on a septic tank and leaching field

system) 6. What are your intentions or plans? To allow for the conversion ofresidence to

business as a Child Day Care Facility. 7. Surrounding uses: There are single family residences. 8. Topography: The property is a generally flat grassy area. 9. Access: The property is served by a 40'wide easement that connects to Lemai

Street and Chalan La Chanch Street. 10. All Others: The proposed child day care facility will benefit the community as a

whole. It will provide for the expansion of our current child day care facility in order to meet the demand for quality child care. Currently our facility has a waiting list for child enrollment and is unable to accommodate the demand. Our services will provide care for children whose parents must enter or return to the workforce. Our services will also provide equal opportunity of community members to become employed.

Mr. Duenas, Thank you for your time to review my Application. I am hoping for a favorable consideration and action on the rezone request. I look forward to your quick response to this matter.

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PETITION IN SUPPORT

We the undersigned have been advised that Mr.(§~iSS DiM e. E~}! flvl-e\~[), owner of Lot 5 /Jew ;;L Block Tract BDw .:::::..--,

Mun.icipality of ~lfJ 0 , has applied to rezone their property from II A II (Jt~1'cuJfu..~) -h) "'R-L" ( ) according to Public Law 21-82, Section 4, as amended by Public Law 21-

144, Section 8.

We understand that Mr@Miss O/ctne e. "12.. Ib--ferD has complied with all Government requirements for rezoning, including their application

directe~ to the Municipal Planning Council for their review and preparation of the MPC

Resolution.

It Is the applicanfs intention to establish t!. ctJJ DtIj &v-e. f:'ci t·ry In light of the above I am in support of this Zone Change, Application No. ____ filed

with the Department of Land Management as acknowledged by my signature below.

Name (Print) Signature LotiBlocklTract Resident Of Both

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DEPARTHENT OF LAND t1ANAGEf!1HlT PLANNING DIVISION

Staff Report

Territorial Planning Commission

Date; 6/23/80

Chai rpet'son, ella i rpN'son, Terri tori cd Seashore Protection Commiss'ion

From: Territorial P'l armer

Subject: Lot No. 6 , Tract 306 District: Yigo

~---.--- ----~.--

Application Summary: The Application, Craig W. Reilly and Jeanette T. Reilly is requesting a conditional use for a Child Care Center.

GENERAL H1FOfU1ATIOf.J:

1. Author'ity foy' TPC/TSPC to consider app'l'ication: Zoning La\:J: Title 18,; Ch .. -3; sec 17102: Conditional Use

II. Legal Prerequisites for TPC/TSPC Approval:

III. Location: Approximately, 1350' NorthEast from the intersection of Fungo St. and Route 1

IV. Lot Area: 47680.28 ft2 or 4468.63m2

V. Field Conditions: A) Newly constructed building B) Water, power, and coral base road (22' wide) C) Topography, flat

VI. Zonin9:

111. Location: Approximately, 1350' NorthEast from the intersection of Fungo St. and Route 1 '

IV. Lot Area: 47680.28 ft2 or 4468.63m2

V. Field Conditions: A) Newly constructed building B) Water, power, and coral base road (22 1 wide) C) Topography, flat

VI. Zoning: Agriculture

VI!. Surrounding Land Use: Single-Family Dwellings and Agriculture

'\{ot ,#6'", Tract ' 306,' Yigo (C. Reilly) Child Care Center, APPROVED, JNEDEDOG/ ,JBIGGS

Mr. Reilly is requesting a conditional use to operate a child care center. Subject lot is located approximately 1350' northeast from the intersection of Fungo Street and Route 1 in Yigo.

It was mentioned that building is already in existence, and it has met all requirements of the Planning Division. Mr. Reilly informed the Commission that Public Health will not clear his application until he obtains approval from the Commission. He has already received EPA's approval.

Regarding a fence, Mr. Reilly stated that he was informed that a fence is not really that critical as a requirement. It would be nice to have; however, application can be approved without the fence. Mr. Sablan added that a fence is highly recommended for future development.

The Commission granted approval of this application.

SUBDIVISION

Lot #3-R3, Tract 1031A, Ypa9pao (J.Cruz) Tentative Subdivision--APPROVED; Waiver of Improvement--DISAPPROVED, VPHILLIPS/JNEDEDOG

The Chair recognized Mr. Jimmy Cruz, the applicant; and Mr. Ricardo Salas.

Mr. Cruz is requesting a tentative subdivision approval and subdivision variance for waiver of construction of curbs, gutters, and sidewalks. Subject lot is located 500' south of Ypaopao Estates, Tract 276 in Dededo.

Mr. Sablan reported SDRC's recommendation favoring approval of a waiver of all subdivision improvements and tentative plans; however, requesting ~r. Ricardo Salas to provide detailed construction plans of the roads, water, 2nd sewer systems throughout the subdivision. In this regard, Mr. Cruz stated that they are currently working on the preliminary plans.

)ne of the commissioners inquired if there are any reactions from the neigh-)ors in the area about the project? Mr. Sablan replied that he has not leard anything so far.

Ir. Chairman inquired of Mr. Sablan why SDRC is asking a waiver of all im-.rovements. Mr. Sablan replied that if all improvements are included, the ubdivision would not be eligible for FmHA applicants. In this regard, Mr. hairman reminded the commissioners that in the past the Commission'S ractice is to encourage the proper development of , s:ubdivisions, which eans the provision of all improvments. Mr. Ricardo Salas responded to r. Chairman's comment, saying that if they do put in sidewalks, gutters, nd curbs, it would push up the price of the lots" which would not be worth t. Commissioner Ruth added his comment that curbs, gutters, and sidevlalks r-e essential in a subdivision. Commissioner Biggs also commented that ~ople in the area are sensitive h)JOut the types of development that go up ::-ound them. He further suggested that the developer check ' into that matter.

le Commission approved a tentative subdivision plan; howeV:,er, disapproved : rt W~; ,Tl=lr ~..f= .; ........ ___ ...... __ ___ .L_

SUMMARY ZONE CHANGE FINAL ACTION FORlVl

Application No. SZC 2000-001

June 5, 2000

Date

HIM Craig W. & Jeanette T. Reilly

Applicant(s) - Print

"I HAVE REVIEWED THE CERTIFICA nONS FROM THE CERTIFYING AGENCIES, GUAM ENVIRONMENTAL PROTECTION AGENCY (GEPA), GUAM WATETWORKS AUTHORITY (GWA), GUAM POWER AUTHORITY (OPA), AND DEPARTMENT OF PUBUC WORKS (DPW). FURTHERMORE, I HAVE BEEN ADVISED OF THE REQUIREMENTS OF THE RULES AND REGULATIONS GOVERNING ZONE CHANGE REQUEST UNDER THE SZC PROGRAM WITH RESPECT TO MY APPLICATION AND AFTER CONSULTATION WITH THE DEPARTMENT OF LAND MANAGEMENT, HAVE MADE THE FOLLOWING DECISION:

i. __ . Proceed forward with my application as per SZC procedures.

2. ~ Withdraw my SZC application effective June 5, 2000

Comments/Reasons for withdrawal:

Applicants had applied for a Conditional Dse with the Territorial

Planntng Commission (TPC) on June 23, 1980. The Conditional Use

was granted ,

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2339 - Part 1.pdfNotice of Action 2339.pdf