Office of the Mayor

Office ofthe Mayor JESSY C. GOGUE -'.-MAYOR ,, District of Chalan Pago - Ordot . 't District of Chalan Pago - Ordot

Municipal Planning Council ~1, April 15, 2011 /. - < Resolution No. 2011- 02

Introduced by: Jessy C. Gogue, Chairman

Members: Benny N. Campos Jr. Raymond G. Chaco Carmelita C. Cruz Antonia V. Evaristo Nicklos R. Prelosky Christopher A. Roberto Rosemarie G. San Nicolas

RELATIVE TO THE ORDOT/CHALAN PAGO MUNICIPAL PLANNING COUNCIL (MPC) EXPRESSING THEIR VIEWS PERTAINING TO THE SUMMARY ZONE CHANGE APPLICATION (SZC 2010 - 41) FOR CECILIA T. Y. ROSATO, OWNER OF LOT 3329-1-1-2, REQUESTING FOR A ZONE CHANGE FROM A " R-1" (SINGLE-FAMILY DWELLING) TO A "R-2" (MULTI-FAMILY DWELLING) ZONE IN ORDER TO CONSTRUCT FOUR (4) 3-STOREY APARTMENT BUILDINGS, FOR A TOTAL OF TWENTY-FOUR (24) APARTMENT UNITS ON HER LOT IN PAGO BAY.

1 BE IT RESOLVED BY THE ORDOT/CHALAN PAGO MUNICIPAL PLANNING COUNCIL, DISTRICT 2 OF CHALAN PAGO - ORDOT WITH THE APPROVAL OF THE MEMBERS LISTED ABOVE; THE FOLLOWING 3 RESOLUTION IS ADOPTED: 4 WHEREAS, Lot 3329-1-1-2 is a vacant lot located along the Pago Bay shoreline and is currently a " R-1" 5 (Single-Family Dwelling) zoned lot, purchased by Cecilia T. Yao Robato from Lourdes P. and Joseph T. Duenas 6 on August 14, 2002; and 7 WHEREAS, Lot 3329-1-1-2 is approximately 3,031 (+/-)square meters in size (less than a builder's acre) 8 and is surrounded by "single" family residential homes on two sides of her lot (east & west) with the Pago Bay 9 shoreline to the south and a public access easement to the north; and 10 WHEREAS, after carefully reviewing the SZC 2010-41 application submitted by Mr. Monte Mafnas on 11 behalf of Ms. Cecilia T. Yao Robato, this application DOES NOT provide the minimum information required; in 12 particular, this application DID NOT identify the types of apartments to be constructed (e.g. apartment 13 density: studio, 1-2-3 .bedroom apartments); it indicated that NO archaeological feature(s) or historical sites 14 exists on the subject lot (Pago Bay, on record, is the original Chamorro village of this district prior to the 15 Spanish colonization of Guam), and that the application inadequately addresses the impact on public services 16 and the environment within the immediate area (e.g. low water pressure within the Pago Bay community, 17 traffic congestion, bussing, and the environmental impoct of a proposed "above ground" fuel storage tank 18 mentioned in this application); which are just a few of the concerns pertaining to this re-zoning application; 19 and 20 WHEREAS, in the letter to the Director, OLM, it was acknowledged that a sewer line wilf be tied into the 21 Rou te 4 sewer line approximately 1,200 feet from Ms. Robato's lot which in turn can provide some sewer 22 hookups to neighboring residents, however, that the site plan calls for an eight inch (8") sewer line, which 23 realistically, can only provide service to the twenty-four (24) apartment units proposed; and 24 WHEREAS, in accordance with 21 GCA (Real Property), Chapter 61 (Zoning Law), the implementation of 25 Public Law 21-82 allows for the submission of Summary Zone Change applications to expedite the process of 26 rezoning through the office of the Director of Land Management and states that this process is int ended for 27 landowners with "limited" financial resources to avail themselves (families) to the highest and best uses of 28 their property, and NOT for " large scale development" which this application is proposing; and

Government of Guam • P. 0 , Box 786. Hagatfia, Guam 96932 Tel. (671) 472-8.302 I 477-133.3 • Fax: (671) 477-7131 page 2 of 2

Resolution No. 2011- 02

1 WHEREAS, in reference to 21 GCA (Real Property}, Chapter 61 (Zoning Law}, § 61504 Statement of 2 Purpose: Building and Building Height Restrictions in Beach Areas, these four (4) building structures, 3-storey 3 high (24 - apartment type units) has the potential of becoming a menace to the well-being of the residents in 4 the immediate area, exceeds the height limit of twenty feet (20') which is legally established should a building 5 be constructed within seventy-five feet (75') of the mean high water mark, and could potentially increase the 6 pollution to the waters of Pago Bay, and is NOT in keeping with the laws protecting our shoreline; and 7 WHEREAS, this application proposes an "undue" concentration of apartment dwellings between two 8 "single" family, residential homes, which is NOT compatible with the properties within the Pago Bay 9 community; and 10 WHEREAS, on April 5, 2011, a public hearing was held at the Chalan Pago Community Center to gather 11 input from the Ordot/Chalan Pago community regarding this summary zone change application, and forty- 12 nine (49) residents are on record as having "signed-in" and attended this hearing to provide their input and 13 comments regarding this summary zone change application, and NO resident in attendance was in favor of 14 approving this zone change application; and 15 WHEREAS, M/M Richard & Patricia Untalan and M/M Leonard & Georgina Campos, the owners and 16 residents living in their "single" family homes adjacent to Lot 3329-1-1-2 (east & west), attended this public 17 forum and submitted their letters requesting that this application be DISAPPROVED; and 18 WHEREAS, additional letters submitted, ALL of which strongly oppose this Summary Zone Change 19 application, include letters from: Rodney C. Webb, Richard Cherry, M/M Philippe & Tahereh Gerling, 20 Ramsey G. Ramiro, Rosita Salas Brown, J. Bradley Klemm (Atty. At Law), Dr. Mary L. Spencer, Harley I. Manner, 21 Dr. Sharleen Santos-Bamba, and Annie Q. Santos, all residents of Ordot/Chalan Pago; and 22 WHEREAS, in addition to the individual letters received by this office from Ordot/Chalan Pago residents, 23 signed petitions were also submitted to the Mayor's office with one-hundred and sixty-two (162) signatures 24 OPPOSING this Summary Zone Application; and now and therefore be it further 25 RESOLVED, that the Ordot - Chalan Pago MPC recommends the DISAPPROVAL of Ms. Cecilia T.Y 26 Robato's Summary Zone Change application (SZC 2010-41); and be it further 27 RESOLVED, that the Chairman of the Ordot - Chalan Pago MPC certifies and the Secretary 28 attests to the adoption hereof, and that copies of this resolution be thereafter transmitted to the 29 Governor of Guam; Speaker, 31st Guam Legislature; Director, Department of Land Management, the Mayors 30 Council of Guam; and via the Department of Land Management, to Ms. Cecilia T.Y. Robato and/or her 31 designated representative.

DULY RECORDED AND REGULARLY ADOPTED BY THE ORDOT- CHALAN PAGO MUNICIPAL PLANNING COUNCIL ON THE lSTH DAY OF APRIL 2011.

BY: .~ RICHARD J. UNTALAN 562 HARMON LOOP ROAD #200 DEDEDO, GUAM 96929 PHONE: (671) 635-3094/95 FAX: (671) 632-3678

April 5, 2011

Jessy "Jess" C. Gogue, Mayor Chalan Pago/Ordot P.O. Box 786 Hagatna, Guam 96932

Dear Mayor Gogue:

My name is Richard Untalan, and my wife and I live in a house located right next to the proposed development. The proposed development is sandwiched right between our home and the home of Leonard and Gina Campos, both single family homes.

We oppose the application to rezone the subject lot from R-1 to R-2.

The community of Pago Bay is singularly composed of single family homes. It was planned and designed that way, and the homeowners who live there rely on this historical fact and intent. The development of Laguna Estates across the bay understates this historic fact.

The Pago Bay area was not planned and designed for economic development beyond an R-1 zone. More importantly, it is not equipped to handle development beyond an R-1 status, and intentionally so.

First, there is no sewer system; and if the applicant does install a line, it will only benefit her and perhaps some neighbors, as she readily admits in her application. It will not be a net gain for the entire community. And if you add the fact that the road will be dug up and never put back to what it should be, it will further have a negative effect on the welfare of the community.

Second, some residents are already experiencing low water pressure and it will get progressively worse when you dramatically add a significant number of users all at once, as this proposed project will.

Third, the biggest handicap facing Pago Bay to allow any economic development beyond an R-1 zone is its roadways. The main road is only a 40 feet easement and the current paved portion is barely 20 feet in width. There is only one entrance/exit to Pago Bay which makes it very vulnerable to back-ups, clogs, and worse, blockages. In addition, when traffic is dramatically increased, and it will if this zone change is approved, the chances of these problems occurring becomes even greater. The entrance to Pago Bay is sandwiched right betvyeen a home with a concrete fence and a concrete power pole, and barely 30 feet in width, and there is no turning lane from Route 4. None of these conditions are conducive for economic development beyond a R-1 zone.

Finally, it is hard to imagine what could be more disruptive to two single family homes than to allow 24 apartment units to be built right between these two homes and to use the dirt road located directly in front of them as the access.

The intent of Guam's land use law is to designate Pago Bay as a R-1 for single family dwellings, which has been relied on by its current residents, and should be able to be relied on as well by future residents, as an answer to community needs and desires, and, unless we find out differently from this public hearing, there has been no significant change in this perceived public and private desires of the Chalan-Pago community to maintain the direction, type, and quality of future growth of Pago Bay.

One final thing: if this spot zoning is approved, then it will be the beginning of a new Tumon (call it Tumon South), because once one is approved, there will be no justification to reject other applications for the same rezoning, and in time, with the population dramatically increasing, a commercial area will be necessitated and warranted. We will go from a serene, peaceful, uncongested, and friendly neighborhood to one that is noisy, congested, crowded and unsafe.

Thank you. 04-13-11; 10:55AM; ;6714798913 # 1 / 2

Leonard and Georgina Campos P.O. Box 8397 Tamuning Guam 96931 Home: 671-789-4686 Cellular: 671-687-8885

Mayor Jessy Gogue Ordot Chalan Pago

Re: Nancy Robato request for re-zone to R2

Dear Mayor:

My husband and I live to adjacent to the subject lot that Ms. Robato has requested the rezoning on. Our lot is lot 3394-1-Rl.

I've spent some time reading and studying some of the rezone request in order to understand the justification for some of the allowance. In most cases I can honestly see reasoning and purpose of the rezoning request.

Most cases I've studied in the government records that were approved documented or showed that the subject lot did not conform or was not in line with current uses around it. In some cases the justification was due to the need for that particular use in that immediate area. I've seen Day Care facilities, Mom and Pop stores, laundry facilities approved in residential areas to enhance the neighborhood and provide conveniences that are lacking in the area. They seem to make sense and the neighbors support the request. Some are just request because the remaining lot does not fit with the uses around it so the land owner is asking to rezone so that the property becomes a use comparable to the adjacent lots.

In our case, the request is just the opposite. The request will change the use to something completely outside the neighborhoods current use. The rezone will not even provide for a need or any conveniences that will enhance the neighborhood. This particular type of use in fact will go strongly against the overall feel of the neighbor.

Being that we live adjacent to the property, I object strongly to such a large scale development sandwiched between our home and Richard Untalan'. This type of development will affect our right to peace and quiet in our neighborhood and greatly impact the surrounding Wildlife Preserve in Pago Bay.

Our original desire was to cut our property into two lots as we currently have 3,500 square meters of land. When we found out that the area was a designated Wildlife Preserve we halted our efforts in an attempt to keep with the requirements of the preserve. 04-13-11;10:55AM; ;6714798913 # 2/ 2

By allowing this type of development to occur it will open the floodgates to large scale construction in Pago Bay and this will greatly impact and change the atmosphere but not for the good of the neighborhood.

I do hope that the government agencies that are responsible for this process do not allow this use. For the good of the area and the neighbors that have to deal with it. Le~a~Cam;s ~ ~ ~ April 11, 2011

Ms. Anisia B. Terlaje Director, Department of Land Management 590 S. Marine Corps Drive Suite 733 ITC Building Tamuning, GU 96913

RE: NO to Zone Change request by Ms. Nancy Robato - To change Pago Bay Lot# 3329-1-1-2 (Chalan Pago-Ordot) from R-1 to R-2

Dear Sir/Madam,

My wife Cora, our son Paul, and I are residents of Pago Bay, which is a unique, peaceful, family oriented residential community comprising more than 100 single-family homes, and is a special and pristine part of Guam.

The above-referenced zone change will adversely affect my family and many other families living in the Pago Bay area. I attended the public hearing on this matter held at the Chalan Pago Community Center on April 5, 2011, and publicly stated my opposition to the proposed zone change. The reasons why our family is opposed to this development are as follows:

1. Strain on neglected, run-down infrastructure (especially roads in disrepair, agmg GTA telephone lines, and inadequate water pressure); 2. Additional hazards to the fragile marine environment in Pago Bay (especially potential for sewage, fuel storage, trash, and water run-off); 3. An alarming and potentially dangerous increase in traffic around the entrance to Pago Bay, and safety concerns for all of the residents and their children; 4. The creation of a potentially dangerous intersection less than 500 feet from the entrance to Pago Bay, at the exit to Pago Bay Beach; 5. A dangerous precedent for R-2 development in the area that will open the flood-gates to unrestricted development and ultimately destroy one of the few solely residential communities in Guam; 6. Destroy the unique, peaceful, and pristine nature of this family-oriented residential community; and 7. Respect for the concerns of the Pago bay residents - who unanimously voted no to this proposed re-zoning at the recent public hearing.

We also concur with the testimony of other Pago Bay residents regarding the "Guidelines For Rural To Residential Summary Zone Changes" (GCA 21 S61639). It was stated at the public hearing that the prescribed rules for a Summary Zone Change do not appear to have been adhered to, and that the zone change request may therefore be illegal. Director Anisia Terlaje - please do not approve this zone change! Sincerely,

Rodney C Webb cc. Hon. Jesse Gogue 141 Chalan Tasi Mayor of Chalan Pago-Ordot Chalan Pago, Guam 96910 H: 789-7584 E: [email protected] April 11, 2011

Mr. Christopher M. Duenas Director, Department of Land Management Land Planning Division #rd Floor GICT Building Tamuning Guam 96913.

Dear Mr. Duenas,

I am writing you to voice my opposition to the application submitted to Land Management to change the zoning of lot# 3329-1-1-2, Municipality of Chalan Pago from Rl to R2. My wife and I purchased our home on Chalan Tasi, Pago Bay in 1986 because it was one of the few places located on the coast made up almost exclusively of single family residences. Pago Bay is home to a wonderful mixture of families who own their homes and are long term residents. We are a close net family, all of us.

A four ower development of 24 apartments is completely outside the norm for our community. Despite the failure of Government Agencies to comment on the application, I can tell you that the area is serviced with a 20 foot road without any shoulders or lane markings. Residents living at elevated areas now experience low water pressure and have had to install storage tanks and pumps to maintain adequate water service.

Lastly, the choice by the developer to utilize the "expedited" application process for a zoning change of this breadth is inappropriate, if not illegal. The expedited application process was developed to allow small, often home based businesses with little or no physical impact to reside within the community. It did not envision developments that would capable of housing more than 100 people in a neighborhood with limited entrance and egress, and an existing shortfall in utility infrastructure.

I commend our Mayor, Jessy Gogue, for making the effort to ensure our community was made aware of the application for zone change.

Rte~ Ckl"l"11, 140 Chalan Tasi Pago Bay Chalan Pago Guam April 7, 2011

Ms. Anisia Terlaje, J.D., MBA Director Department of Land Management Government of Guam c/o Honorable Jesse C. Gogue Mayor District of Chalan Pago-Ordot Via email to ocpmayoria{guarn.net

Ref: Cecilia Y. Robato application 2010-41 request for Summary Zone Change-lot 3329-1-1-2 in the municipality of Chalan Pago-Ordot

Dear Ms. Terlaje,

On April 5, 2011at6:00 P.M., a public hearing was held at Chalan Pago-Ordot community center to allow neighborhood response to Mrs. Robato's request for summary zone change. Many residents of Pago Bay were present and not a single one of them expressed support for Mrs. Robato's Summary Zone Change application.

While reviewing the documents presented at the public hearing, we found it necessary to request from your Department, a copy of the "Guidelines For Rural To Residential Summary Zone Changes" referenced in the Guam Code Annotated Title 21 CH. 61 §61639 which we received today. Your staff also informed us that these rules approved by the Attorney General on November 11, 1992 and submitted to the Legislative Secretary of the 21st Guam Legislature as acknowledged on December 10, 1992 are under review but still in-force as of this date.

As we understand from the rules, applicant Robato appears not to have followed the prescribed rules for the Summary Zone Change as far as we could ascertain from the public hearing. There was no "Findings of No Significant Impact" concurred by Guam EPA included in the documents and some of the required government agencies were missing as well. Moreover, planning principles outlined in the regulations do not appear to have been followed, or at least there was no evidence available that they had been followed.

From the information presented in the public hearing, it appears that all required documentation that should accompany the application were not submitted in accordance with the Rules applicable to Summary Zone Change Applications.

Mrs. Robato or her representatives appear to not have submitted the required documents outlined in the rules and regulations such as:

1) The required preliminary plans showing, as a minimum, an outlined sketch of structure location, parking, landscaping, disposal of sewage, access and accompanying covenants. " <

2) Provide recreational facilities such as a play lot, parks and/or picnic areas commensurate with the scope of the development.

3) There was no infrastructure certification from for the Guam Water Authority, the Guam Environmental Agency and the Department of Public Works filed with the Department's rules prior to the acceptance of the zone change application packets as prescribed in the Rules as far as could be determined at the public hearing.

Besides falling short of the requirements of the application as intended, Pago Bay residents for many years have suffered inconsistent water delivery due to low or no water pressure. (In fact after we built our home on the land we purchased, we were forced to purchase a water tank and a pressure pump to provide water for our family.) Power has been inconsistent as well causing power spikes and brownouts on a regular basis. Phone service has been mostly acceptable but repeated failures were attributed by GTA personnel to the fact that Pago Bay is on an old circuit that is fed from Yona and the infrastructure is very old. Adding load to the Pago Bay infrastructure would cause more burden and inconsistent service to the residents of the area.

We hereby voice our opposition to the application for Summary Zone Change referenced above on the grounds of the applicant's failure to meet the minimum requirements set out by law and regulations. We also oppose the application on the grounds that the proposed development does not fit the area's development which consists of single family homes and that the addition of traffic congestion on Justice Monessa Lujan Road which is the only access in and out of Pago Bay, will be a considerable burden on the Pago Bay community. Sincerely,CJfu{/tle1tt?il11fhvJ ; ,~'· tiif Philippe & Tahereh Gerling "- 641 Justice Monessa Lujan Rd, Pago Bay- 789 2074 p AINTING DYNAMICS, INC. LIC. # 8466 Serving Guam Since 1996 TEL#: (671) 472-0013 FAX: (671) 472-0012 E-MAIL: [email protected]

April 06, 2011

Mayor Jesse Gogue 171 Daro Rd. Ordot, Guam 96910 re: R-1 Re-Zoning to R-2 for C. Robato Lot at Pago Bay, Guam

Dear Mayor Gogue,

May this letter serve as my vote fully objecting to the request Ms. Cecilia T. Y. Robato has made for a zone change of her property described as Lot No. 3329-1-1-2 Chalan Pago.

My reasons against the zone change are common to most objections cited by nearly 100 Pago Bay property owners. Ms. Robato's development of 26-condo type units would greatly impact negatively the water, sewer, and thoroughfare of the present utilities and roadway.

Personally, the ocean view of my property Lot 7-7, Block 1, Tract 2611 would be adversely affected by an R2-zone which allows for construction of more than a 2-storey dwelling as proposed by Ms. Robato. Moreover, I am afraid the approval of such re zoning would "open the door" to more aggressive development ventures.

It was brought out at the Community Center meeting last night that Ms. Robato is a real estate professional, so I question she has any good regard for her neighbors and the neighborhood of Pago Bay.

eyG. Ramiro Pago Bay Property Owner

PAINTING #EPOXY INJECTION #CONCRETE RESTORATION OR STAJNING#DECORATIYE OVERLAYS J. BRADLEY KLEMM ATTORNEY AT LAW P.O. BOX AB HAGATNA, GUAM 96932

April 5, 2011

Mr. Carlos R. Untalan Guam Chief Planner LAND PLANNING DIVISION DEPARTMENT OF LAND MANAGEMENT GOVERNMENT OF GUAM 90 S. Marine Corps. Drive ITC Building Tamuning, Guam 96913

RE: THE APPLICANT, CECILIA Y. ROBATO, REQUEST FOR A SUMMARY ZONE CHANGE FROM "R-1" (SINGLE FAMILY DWELLING) TO "R-2" (MULTI-FAMILY DWELLING) ZONE FOR A PROPOSED FOUR (4), 3-STOREY APARTMENT BUILDINGS, CONSISTING OF 24 AFFORDABLE UNITS ON LOT 3329-1-1-2, IN THE MUNICIPALITY OF CHALAN PAGO-ORDOT, UNDER APPLICATION 2010-41

Dear Mr. Untalan:

Please be advised that my wife, Rebecca L. Klemm and I strongly oppose the above application. We are the owners of Lot Number 6, Tract Number 310, Sinajana, Guam, Estate Number 21577, Suburban. This lot is part of Pago Bay Estates.

As far as we know, all of the other 15 lot owners in Pago Bay Estates are opposed to Robato's request for a summary zone change of her lot from R-1 to R-2.

Very truly yours,

J. BRADLEY KLEMM

C56\PERSONAL G:\LTR\JBK\205-C R UNTALAN RE ROBATO REQUEST FOR SUMMARY ZONE CHANGE FROM R-1 TO R-2.DOC Dr. Mary L. Spencer Residence: 612 Chalan Inalado, Pago Bay, Guam Mailing Address: c/o Col1ege of Liberal Arts & Social Sciences University of Guam, Mangilao, Guam 96923 Ph (H): 789-4898; Ph (0) 735-2855 class [email protected]

To: Jessy C. Gogue, Mayor

From: Mary L. Spencer ~:~=z_

Re: Requested Zoning Change, RI to R2, Pago Bay - Testimony Against Request

Date: 3/26/11

Mayor Gogue, I regret that I will be on business travel on April 5 and will not be able to attend the public hearing on Ms. Robato's request for a zoning change from Rl to R2 for Pago Bay. I have lived at 612 Chalan Inalado since 1992 and I have lived on Guam since 1984. I emphatically request that this rezoning request be denied.

This idea has been discussed in earlier years and rejected. I believe the reasons for rejecting such an idea remain the same.

L An apartment complex increases the traffic and congestion in the Pago Bay Area;

2. An apartment complex changes the ambiance, of the community; replacing the current natural beauty and serenity with a commercial, car-intensive scene;

3. Insufficient information has been provided on the impact of the proposed apartment complex on the shore and bay area; however, it can be assumed that it will have greater impact than the current low density situation;

4. The above impacts will reduce the desirability and land/home values throughout Pago Bay;

5. Construction of an apartment complex sets a precedence for further commercial development of our neighborhood;

6. If Ms Robato wishes to build an apartment complex on her property, it seems more appropriate for her to identify an area that is already zoned as R2; rather than change the quality of our neighborhood and property values to satisfy her personal preferences. She must have known that her property was zoned Rl when she purchased it

Thank you for considering my view of the matter. I urge you to support my request for denial of her rezoning request. To: Jessy C. Gogue, Mayor

From: Harley I. Manner

Re: Testimony Against Requested Zoning Change, R 1 to R2, Pago Bay -

Date: March 27, 2011

I will be off-island between April 5 to 14 and therefore not be able to attend the public hearing on Robato's request for a zoning change from RI to R2 at Pago Bay. I have lived at 612 Chalan Inalado (Justice Monessa Lujan St) since 1992 and on Guam since 1986.

I bought my home in Pago Bay because of its near rural character and I suspect many other residents here eajoy the quiet serenity of the area. An apartment complex will certainly change the ambiance and environment of Pago Bay. Allowing for one rezoning request will make it extremely difficult to deny other similar rezoning requests.

I ask that Robato' s request for rezoning be denied.

Respectfully,

Harley I. Manner 612 Chalan Inalado, Pago Bay, Guam

Mailing Address: c/o CLASS, UOG UOG Station Mangilao, Guam 96923 Ph (H): 789-4898 Dr. Sharleen Santos-Bamba Residence: 620 Dongat Lane, Pago Bay, Guam Mailing Address: PO Box 2740 Hagatna, Guam 96932 Home Phone: 472-I535

TO: Jessy Gogue, Mayor

FROM: Sharleen Santos-Bamba~(,;~

RE: Rezoning Request, Pago Bay, RI to R2-Testimony Against Request

DATE: April 5, 2011

Mayor Gogue, I am a native of Guam, have lived in Pago Bay since 198 I and a homeowner since 2008. I vehemently request that the request to rezone Pago Bay from RI to R2 be denied.

1. Changing the zone from RI to R2 in Pago Bay in order to construct an apartment complex will open the door to further commercial development. 2. An apartment complex and commercial development will negatively change the serenity and lifestyle of Pago Bay residents. Congestion and increased traffic is a consequence of R2 development. 3. There is no information about the impact an apartment complex or commercial development will have on the Pago Bay environment and infrastructure, specifically the water system. 4. Rezoning from RI to R2 will impact Pago Bay property values. 5. If Ms. Robato wanted to construct an apartment complex, then R2 property should have been sought.

In closing, I'd like to reiterate the urgency in my plea to deny the request to rezone Pago Bay. Long time residents like me enjoy the quiet life that Pago Bay offers, and as a native of Guam I cannot sit back and remain silent as outsiders make attempts to encroach, change, or take away from my way of life.

Thank you for allowing my views to be heard and considered. Annie Q. Santos Residence: 618 Chalan Inalado, Pago Bay, Guam Mailing Address: PO Box 2740 Hagatna, Guam 96932 Home Phone: 789-3737

TO: Jessy Gogue, Mayor

FROM: Annie Q. Santos

RE: Rezoning Request, Pago Bay, Rl to R2-Testimony Against Request

DATE: April 5, 2011

Mayor Gogue, I am a native of Guam and I have been a resident of Pago Bay for 30 years, since 1981. I sincerely and ardently request that this rezoning request be denied.

1. The construction of an apartment complex will cause increased traffic and congestion in the Pago Bay area. 2. Changing the zone from RI to R2 and the construction of an apartment complex will open the door to further commercial development. 3. An apartment complex in Pago Bay will change the quiet living style of the community. 4. Rezoning will have a negative affect on existing residents and the value of our homes and properties.

Thank you for allowing my views to be heard and considered. Rosita Salas Brown P.O. Box 326431, Hagatna, Guam 96932 1099, Chalan Kanton Tasi, Pago Bay, Chalan Pago, 96910

April 7, 2011

Honorable Jessy "Jess" C. Gogue Mayor Village of Chalan Pago-Ordot P.O. Box 786 Hagatna, Guam 96932

Subject: Pago Bay Residents opposition to Summary Zone Change request for Lot No. 3329-1-1-2 from A-Agricultural to R2 - Multifamily.

Dear Mayor Gogue:

Please find enclosed a copy of my letter to Department of Land Management Director Anisia Terlaje and copies of petitions signed by residents in Pago Bay that are in full opposition to the Summary Zone Change request for Lot No. 3329-1-1-2 from A-Agricultural to R2-Multifamily.

Thank you for providing advance notice to our residents on the public hearing that was held at the Chalan Pago-Ordot Community Center on Tuesday evening. We are confident that you will relay our opposition on this re-zoning request to the appropriate parties.

Sincerely,

~-~~~~-'L '"""1UJSTT A SALAS BROWN Pago Bay Resident

Enclosures Rosita Salas Brown P.O. Box 326431, Hagatna, Guam 96932 1099, Chalan Kanton Tasi, Pago Bay, Chalan Pago, 96910

April 7, 2011

Ms. Anisia Terlaje Director Department of Land Management ITC Building, 6th Floor Marine Corps Drive, Tamuning 96913

Subject: Pago Bay Residents opposition to Summary Zone Change request for Lot No. 3329-1-1-2 from A-Agricultural to R2 - Multifamily.

Dear Director Terlaje:

At the request of my neighboring residents of Pago-Bay/Chalan Pago, I have enclosed their petitions, with 158 signatures, in strong opposition to the Summary Zone Change request from Ms. Cecilia T.Y. Rabato, to re-zone Lot No. 3329-1-1-2 from, A-Agricultural to R2-Multifamily. The applicant wants to develop four (4), three (3) story buildings with six (6) units each, totaling twenty four (24) units with forty-eight ( 48) parking stalls on an area of 3,031 +/- square meters.

Over fifty (50) of our residents, including myself and my family, attended the public meeting that was conducted by the Department of Land Management at the Chalan Pago Community Center on Tuesday evening. It was very evident from the testimony and the large number of residents attending the hearing that there is very major opposition in the Pago Bay community to any approval by the Department of Land Management or any other government entity to approve this zone change request. No one present at the meeting provided favorable testimony for this request.

As residents of Pago Bay, we consider this zone change request as totally incompatible with our surrounding single-family residential neighborhood. We have a right to insure our quality of life and the lives of our families that live in Pago Bay.

We are very strongly requesting your DISAPPROVAL of this summary zone change application.

Sincerely,

ROS IT A SALAS BROWN Pago Bay Resident cc: Mayor Jessy Gogue

Enclosures We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected.

Print Name Village We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six {6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected. I The zone change request is totally incompatible with our surrounding neighborhood of single family homes. We value our Pago Bay community and strongly encourage the Guam Land Use Commission to DISAPPROVE this request to drastically change our neighborhood.

Print Name Village

/ We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A·· Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected. I The zone change request is totally incompatible with our surrounding neighborhood of single family homes. We value our Pago Bay community and strongly encourage the Guam Land Use Commission to DISAPPROVE this request to drastically change our neighborhood.

Print Name Village

') . kH;i/t/4 We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected. f The zone change request is totally incompatible with our surrounding neighborhood of single family homes. We value our Pago Bay community and strongly encourage the Guam Land Use Commission to DISAPPROVE this request to drastically change our neighborhood.

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ORJG:NJI "--· ... .A We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected. I The zone change request is totally incompatible with our surrounding neighborhood of single family homes. We value our Pago Bay community and strongly encourage the Guam Land Use Commission to DISAPPROVE this request to drastically change our neighborhood.

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-- We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Be ~Kh Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected.

Print Name Signature Village

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/ f I 1 We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected.

Print Name Signature Village We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected.

Print Name Signature Village

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c...Z- ree=,-;z_. f...rACt""ff\/A s. .!>fr:. 6 (] a.t.. ~ J. Q,.:_ f c.. b «._...._ r-f ,· c- t, Cf e_ J !<-( . '"fer~ -z_ 11[~ {ft ,,1/ ?A 0 ~-0 '- ?tfgJ We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected. The zone change request is totally incompatible with our surrounding neighborhood of si~ family homes. We value our Pago Bay community and strongly encourage the Guam Land Use Commission to DISAPPROVE this request to drastically change our neighborhood.

Print Name Signature Village

I" t / ( We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected.

Print Name Signature Date: March 28, 2011

To: Mayor Jessy C. Gogue, Chalan Pago Ms. Anisia B. Terlaje, Director, Department of Land Management Mr. Jay L. Lather, Chairman, Guam Land Use Commission Governor Eddie B. Calvo

We, the undersigned residents of Chalan Pago, hereby oppose application 2010- 41 to convert Lot 3329-1-1-2 located at Pago Bay from a R-1 Zone (single family) to an R-2 (multi-family) to erect four (4) 3-story apartment buildings consisting of 24 affordable units. Said project will destroy, among other things, the single-family environment of Pago Bay.

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Print Name: Date: March 28, 2011

To: Mayor Jessy C. Gogue, Chalan Pago Ms. Anisia B. Terlaje, Director, Department of Land Management Mr. Jay L. Lather, Chairman, Guam Land Use Commission Governor Eddie B. Calvo

We, the undersigned residents of Chalan Pago, hereby oppose application 2010- 41 to convert Lot 3329-1-1-2 located at Pago Bay from a R-1 Zone (single family) to an R-2 (multi-family) to erect four (4) 3-story apartment buildings consisting of24 affordable units. Said project will destroy, among other things, the single-family environment of Pago Bay.

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Print Name: Petition

Pago Bay Residents Against Re-Zoning Pago Bay Lot #3329-1-1-2 in the Municipality of Chalan Pago-Ordot from A (R-1 Single Family Dwelling) to R-2 (Multiple Family Dwelling)

April 5, 2011 1. ------21. 2. __.:;;~~~~:::;2_~~::._:;_;~- 22. 23. 3._-if=~-=------,,~~------~ 4.--J,.

The zone change request is totally incompatible with our surrounding neighborhood of single family homes. We value our Pago Bay community and strongly encourage the Guam Land Use Commission to DISAPPROVE this request to drastically change our neighborhood. We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4} - three (3} story buildings with six (6} units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected.

Print Name Signature Village

I c We, the undersigned residents of Pago Bay, Chalan Pago, Do Not Support the request for a summary zone change of Lot 3329-1-1-2 from A - Agriculture to R2- Multifamily. The property is located along Chalan Justice Monessa G. Lujan, Pago Bay, in front of the Frank Perez Beach Park. The total lot area is 3,031 +/- square meters. The applicant, Ms. Cecilia T.Y. Rabato, intends to develop the four (4) - three (3) story buildings with six (6) units each with 48 parking slots on the current lot. A total of 24 units are proposed to be erected.

Print Name Signature Village

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cJfP Date: March 28, 2011

To: Mayor Jessy C. Gogue, Chalan Pago Ms. Anisia B. Terlaje, Director, Department of Land Management Mr. Jay L. Lather, Chairman, Guam Land Use Commission Governor Eddie B. Calvo