HomeMy WebLinkAboutCOM 0728.000 2018-2020 ,tV OF q
Harry Kim Roy Takernoto
HaYor Managing Director
Barbara J.Kossow
Dcpiay Managing Director
Guttfv of(Pbbjavi
(Offirr of fhrapr
25 Aupuni Street,Suite 2603 * Hilo,flawai'i 96720 * (808)961-8211 o Fax(808)961-6553
KONA: 74-5044Ane.Keohokaloleliwy.,Bldg.C * Kailua-Kona,liawai'i 96740
(808)323-4444 Fax(808)323-4440
January 23, 2020
Aaron S. Y. Chung, Council Chair
and Members of the County Council
County of Hawai'i
25 Atipuni Street
Hilo, HI 96720
Dear Chair Chung and Members:
SUBJECT: Change of Zone Application (REZ 19-000239)
Request: RS-20 to CV-10
Applicant: RTA Kilauea Lodge, LLC
Tax Mal) Key: 1-9-004:004
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Windward Planning Commission's letter and
enclosures regarding the above-referenced requests.
Sin, r y,
11 ARRY VIM
Mayor
'FC(.)Lli)cilRT'ALodgeREZ19-239
Enclosures
cc: Planning Department
1
Comm. No.
9Q"
Ref. ToPC,
—
County of Hawaii is air Equal Opportututy Provider and Einployer, :
Ref. Date_.JAN 2 0)[1 .
Harry Kim Ilq
Joseph Clarkson, Chair
Mqyor Thomas Raffipiy,Vice Chair
Gilbert Aguinaldo
Roy Takernoto
Managing Director Dean Au
Donn Dela Cruz
John Replogle
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center * 101 PaUahi Street,Suite 3 * Hilo,Hawaii 96720
Phone(808)961-8288 * Fax(808)961-8742
JAN 2 2 C)2_0
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of flawai'i
25 Aupum Street
Hilo, HI 96720
Dear Chair Chung and Council Members:
SUBJECT: Change of Zone Application (REZ 19-000239)
Applicant: RTA Kilauea Lodge, LLC
Request: RS-20 to CV-10
Tax Map Key: 1-9-004:004
The Windward Planning Commission, at its duly held public hearing on January 8, 2020,
recommended for your approval the proposed legislative bill for a Change of Zone from an Single-
Family Residential—20,000 square feet(RS-20)to a Village Commercial— 10,000 square feet(CV-
10)zoning district. The property is located on the north side of Old Volcano Road,approximately 500
feet west of its intersection with Wright Road, '01a'a Suninier Lots, Block "B", Puna, Hawaii.
The Commission voted to forward a favorable recommendation to the County Council for Change of
Zone Application REZ 19-000239 with changes to Condition F(Roadway Frontage Improvements),
which changed the timing and mechanism for the applicant's provision of roadway frontage
improvements as recommended by the Department of Public Works for commercial zoning.
The Ordinance conditions attached to this letter reflect the Windward Planning Commission changes
discussed above. The following is the original Planning Director's Recommendation to the Planning
Commission which may or may not be consistent with the ordinance conditions attached.
The applicant is requesting to change the zoning district from Single-Family
Residential —20,000 square feet (RS-20) to Village Commercial — 10,000 square feet (CG-
10) zoning district for 1.176 acres of land in order to develop a new, 1,920-square foot retail
Har ai'i County is an Equal Opportunity Provider and Employer phnlmw a hwAad
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 2
building along the Old Volcano Road frontage, construct three(3)cottages on the north west
corner of the property, and construct related improvements on the subject parcel. While the
application indicated that the cottages will be used as Short-Term Vacation Rentals, further
discussion with the applicant indicated that the proposed cottages are to be used as lodge units,
as an expansion of and accessory to the existing Kilauea Lodge on the adjacent parcel the
north;the proposed cottages will not have any kitchen/food preparation areas.The applicant is
proposing a 26-stall parking lot (including two handicapped stalls) and a bus parking area to
accommodate customer and employee parking. This on-site parking and landscaping will be
provided as required by the Zoning Code.
In order to consider an area for any type of zoning designation, the applicable goals,
policies and standards of the General Plan must be adequately addressed. It is only through
such a comprehensive policy analysis approach that evaluations and decisions can be made to
better time and stage developments to achieve growth determined by the General Plan and
related planning documents.The implications of these evaluations and decisions must also be
considered as they may have an impact on similar areas in the County.
The change of zone request from an RS-20 to a CV-10 zoning district conforms to
applicable goals, policies and standards of the General Plan.
The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan
is a representation of the document's goals and policies to guide the coordinated growth and
development of the County. It reflects a graphic depiction of the physical relationship among
the various land uses. The request to change the zoning to a CV-10 district conforms to the
LUPAG Map, which designates the property and the surrounding area as Medium Density
Urban. Such designation allows village and neighborhood commercial and single family and
multiple family residential and related functions (multiple family residential - up to 35 units
per acre). In addition to being consistent with the LUPAG Map,the request would also support
the following goals and policies of the General Plan Land Use and Economic elements:
• Designate and allocate land uses in appropriate proportions and mix and in keeping
with the social, cultural and physical environments of the County.
• Provide for commercial developments that maximize convenience to its users.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 3
■ Provide commercial developments that complement the overall pattern of
transportation and land usage within the island' s regions, communities, and
neighborhoods.
• Commercial development shall maintain or improve the quality of the present
environment through the consideration of visual,access,landscaping,and other design
elements in their development.
• Preference shall be given to commercial lands with a reasonably level topography.
• Encourage the development of a visitor industry that is in harmony with the social,
physical, and economic goals of the residents of the County.
• Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
• Provide an economic environment which allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
In addition, the proposed change of zone is consistent with the Puna Community
Development Plan(PCDP),as the subject property is situated within the Volcano Community
Village Center located along Old Volcano Highway between Haunani Road and Wright Road
as designated by the PCDP. Finally, the Volcano Community Association (VCA) indicated
that the proposed change of zone is consistent with their draft long range plan as the "Old
Volcano Road is in the proposed business district in the draft plan and the proposed buildings
are consistent with the existing facilities." Moreover, the VCA expressed a desire for the
retention of as many 'Ohi'a trees and other native trees and plants on site and the use of best
management practices to avoid introducing additional Rapid '01ii'a Death (ROD) during
construction of the project.
The change of zone from RS-20 to a CV-10 zoning district will not result in a
substantial adverse impact upon the surrounding area, community or region.
The property is rectangular in shape with approximately 156 feet of frontage along Old
Volcano Road and the topography is fairly level. There is an approximately three(3) foot
tall rock wall along the roadway frontage with a driveway on the eastern end of the property.
According to the applicant, based on aerial photos from the 1960s, the property has been
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 4
previously cleared and used for cattle grazing. While the majority of the property is currently
heavily vegetated, the applicant indicated that this is secondary growth and not intact native
forest. Furthermore, a portion of the parcel has been recently cleared and used as employee
parking for the adjacent Kilauea Lodge operation. Finally, there is a twelve (12)-foot wide
perpetual easement for a road right-of-way for use in common situated along the entirety of the
eastern property line that provides legal access to the parcel to the east of the subject property.
However, it appears that the current driveway does not align with the access easement and the
easement's intersection with Old Volcano Road is blocked by a section of rock wall. A
prohibition of blocking this roadway easement will be added as a condition of approval.
There is a mixture of residential,village commercial and agricultural zoning and uses
in the area. The properties directly adjacent to the west and north west are similarly zoned
Village Commercial(CV-10)and consist of the existing Kilauea Lodge properties.Properties
adjacent to the north and east are zoned Single-Family Residential (RS-20) and consist of
residential dwellings; the property to the directly to the south (across Old Volcano Road) is
zoned agricultural(A-20a)and currently vacant.The subject property is located approximately
one(1)mile from the Volcano School of Arts and Sciences and approximately 0.3 miles from
the Cooper Center, and proximate to commercial areas, a hardware store and post office.
In 1995,the County Council approved Ordinance No. 95-101 which similarly rezoned
2.537 acres of land directly adjacent to the north of Kilauea Lodge property from RS-20 to
CV-10 in order to allow expansion the lodge operation. A condition of that Ordinance
approval required the applicant to consolidate the two properties together as the proposed uses
would be accessory to the existing lodge operation. The required consolidation was
subsequently granted in 1996. As the proposed retail store is intended to be primarily
accessory to the lodge use and the proposed new cottage units are intended to be accessory to
the same,a condition of approval will require consolidation of the subject parcel with Kilauea
Lodge Parcel (TMK (3) 1-9-004:055) prior to the issuance of Final Plan Approval for ally
commercial use.
All essential utilities and services are available to the site. The subject parcel is
currently accessed via a driveway on the eastern side of the subject property from Old
Volcano Road, a divided, two (2) lane, County owned and maintained roadway with
approximately 38 feet of pavement within an approximately 42-foot right-of-way. Proposed
access to the property includes a twenty(20)-foot wide asphalt concrete driveway for access
to retail structure and parking situated on the northern end of the subject property. The
applicant further proposes the cottages and related parking be accessed by a twenty(20)-foot
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 5
wide gravel driveway connecting to the paved driveway toward the southern side of the
subject property. These driveways will not impede the twelve(12) foot wide road easement
along the southern boundary of the subject property. Standards for commercial zoning
include requirements for paved driveways and parking,therefore,the applicant will be required
to pave all driveways for the subject development.
Based on the proposed zoning,the Department of Public Works(DPW)recommends
that the applicant provide improvements to the subject property's entire Old Volcano Road
frontage consisting of, but not limited to pavement widening with concrete curb, gutter, and
sidewalk, drainage improvements, and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act and the approval of the Department of
Public Works. The driveway connections shall also conform to Chapter 22,County Streets,of
the Hawai'i County Code.Additionally,Access to Old Volcano Road,including the provision
of adequate sight distances, shall meet with the approval of the Department of.public Works,
Engineering Division. Finally, DPW recommends that the applicant install streetlights and
traffic control devices as may be required by the Traffic Division, Department of Public
Works. The applicant shall be responsible for the design, purchase, and installation of such
devices.
According to the applicant,the proposed retail store use is anticipated to generate 20 to
40 outside visitors per day.The timing of the associated vehicular trips is expected to be fairly
evenly distributed during hours of operation (likely 7:00 AM — 5:00 PM) with peaks near
mealtimes. The applicant expects no more than two (2)to three(3)round trips per lodge unit
per day(totaling nor more than nine).The applicant indicates that while the timing of the trips
will likely occur during the day, they are not focused on work and school hours like a
residential use.
As the proposed change of zone is intended to allow the expansion of the existing
Kilauea Lodge operation,the Department requested estimates of the existing traffic conditions
to the Lodge and restaurant. According to the applicant,the existing Kilauea Lodge operation
has fifteen (15) rental units, one of which is a two (2)bedroom unit. Each unit averages two
(2) to three (3)round trips per day, which at full occupancy would be the equivalent of 30 to
45 round trips per day for the existing lodge. The existing lodge restaurant is open seven(7)
days a week from 7:30 AM to 9:00 PM,serving breakfast,lunch and dinner.The restaurant has
approximately ten(10)to thirteen(13)tables depending on the size of parties. Assuming that
dining parties travel together, and on a busy day they may seat each table twice for each meal,
that gives 69 round trips per day for the restaurant. Timing of trips is strongly correlated to
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 6
mealtimes especially for lunch and dinner. The applicant anticipates that at a maximum, all
existing and proposed uses of the Kilauea Lodge operation would generate approximately 46
trips per hour at full capacity. As a change of zone can allow an applicant to develop any
permitted use in the CV zoning district, a condition of approval will require the applicant to
submit a Traffic Impact Analysis Report(TZAR)should they develop a land use that generates
over fifty(50) peak hour trips.
The project site has no severe geological or topographical problems which cannot be
properly rectified, or which would render the land unusable. The property is located in
flood zone "X" which is an area determined by FEMA to be outside the 500-year flood
plain.
According to the Department of Water Supply (DWS), the subject property is not
within the service limits of their existing water system facilities. Section 25-2-46(n) flawai'i
County Code,related to concurrency states, "to facilitate the development of'village centers in
rural areas that are not currently served by a public wetter system,, the council may waive the
water supply requirenientsfin-rezonings.fbi-commercial or light industrial uses in areas that
do not currently have apublic q,atersystern, and where the department ofwalersupply has no
plans to build a public water system, and which are (1) designated as an "urban or rural
center"or "industrial are"on Table 14-5 of'the General Plan and(2) designated.ft)r urban
use on the Land Use Pattern Allocation Guide Map of the General Plan; provided that
conditions ofZoningshall require water supp[v consistent with public health and safety needs
such as sanitation and"firefighting.
Volcano Village is listed as an Urban/Rural Center on Table 14-5 of the General Plan;
therefore, this section of the Zoning Code applies.The proposed project will include a stand-
alone,20,000-gallon rainwater catchment tank for Fire Department use, and a separate water
holding tank for trucked in potable water. According to the Department of Health's Safe
Drinking Water Branch, authority on drinking water quality is based on the definition of a
"public water system."Federal and state regulations define a public water system as a system
that serves 25 or more individuals at least 60 days per year or has at least 15 service
connections. All public water system owners and operators are required to comply with
I-lawai'i Administrative Rules, Chapter 11- 20 (HAR 11-20), and titled "Rules Relating to
Public Water Systems."As the intent of this change of zone and subsequent development is to
expand the existing Kilauea Lodge and the applicant estimated 30 to 50 visitors a day to the
it
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 7
property, a condition of approval will require the applicant to develop a "Public Water
System"meeting the requirements of DOH for sanitation and potable water.Additionally,the
applicant will be required to comply with Fire Department requirements for fire suppression
water availability.
There is no County sewer in the area so the applicant will be required to install an
individual wastewater system meeting with the requirements of the State Department of
Health. The preceding will be added as a condition of approval.
There are no municipal waste collection services in the County. According to the
application, solid waste will be handled by commercial haulers who will dispose of the refuse
at an approved County landfill site.
Electrical,telephone and internet services are available to the property.Police services
are available in Kea'au, fire services are available in Volcano and medical services are
available in Hilo.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The site is located approximately twelve (12)-miles from the nearest
shoreline and therefore will not be impacted by coastal hazard and beach erosion.There is no
record of a designated public access that traverses the property. No valued cultural,historical
or natural resources exist on the property and there is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that
the proposed request will have any adverse impact on cultural or historical resources in the
area.
In view of the Hawaii State Supreme Court's"PASH"and"Ka Pa'akai OKa'Aina
decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed
in terms of the cultural, historical, and natural resources and the associated traditional and
customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance survey,
oral history of kama'aina accounts of the area, historical Survey of documentary
records, or botanical study was included in the application.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 8
• The valued cultural, historical, and natural resources found in the rezoning area: No
professional archaeological and cultural study was conducted of the property as it has
been previously cleared and used for agricultural/cattle grazing purposes.A request for
review has been submitted to the Department of Land and Natural Resources - State
Historic Preservation Division to determine if any historic properties would be affected
by the proposed change of zone. Additionally, while no professional floral or faunal
survey was conducted of the property, the applicant indicates that the site and
surrounding area are known habitats for several native plants(including 'Ohi'a Lehua
trees and Hapu'u ferns),birds and invertebrates. Many native birds are present in the
area including the 'Apapane, 'Amakihi, 'I'iwi, 'Oma'o, 'Elepaio,and Hawaiian Hawk
(Vo). It would also be possible, but not likely to find the Hawaiian Owl (Pueo),
endangered Hawaiian goose(NCne). In addition,introduced bird species(such as dove,
Japanese White-eye, house Finch, myna) are common in this area. Domestic animals
such as cats and dogs, and other animals like rats and mongoose are also present.
These are all common and not endangered. According to the US Fish and Wildlife
Service(USFWS),there are four(4)listed animal species in the immediate vicinity of
the project area: The federally endangered Hawaiian hoary bat, Hawaiian hawk,
Hawaiian goose, and the 'Piwi. Additionally, the endangered Hawaiian petrel, hand-
rumped storm-petrel, and the threatened Newell's shearwater may transit the project
area flying to upland breeding colonies. USFWS provided guidance on measures to
avoid and minimize project impacts to the listed species.That guidance will be added
as conditions of approval.
• Possible adverse effect or impairment of' valued resources: Native plants and/or
endangered species maybe impacted by proposed ground alteration and development.
Conditions ol'approval will be added to mitigate these impacts.
• Feasible actions to protect native Hawaiian rights: No laiown gathering is taking place
on the site. Thus, to the extent to which traditional and customary native Hawaiian
rights are exercised, the proposed action will not affect traditional Hawaiian rights;
therefore, no action is necessary to protect these rights.
Lastly,this recommendation is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in connection
with the proposed use, prior to its commencement or establishment upon the subject
properties. Additional governmental requirements may include the issuance of building
permits, the installation of approved wastewater disposal systems, compliance with the Fire
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 9
Code, installation of improvements required by the American with Disabilities Act (ADA),
among many others. Compliance with all applicable governmental requirements is a condition
of this approval; failure to comply with such requirements will be considered a violation that
may result in enforcement action by the Planning Department and/or the affected agencies.
Based on the above findings, the request to rezone the property from a Single-Family
Residential- 10,000 square feet(RS-10)to Village Commercial- 10,000 square feet(CV-10)
zoned district would result in an appropriate land use pattern that would further benefit the
general public.
The accompanying draft bill to amend Section 25-8-23(Volcano-Mt.View),Article 8,Chapter
25 (Zoning Code) of the Hawaii County Code (2016 Editions, As Amended), is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the draft bill.
We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power
point presentation and a draft transcript of the hearing for your information to be provided under
separate cover.
Sincerely,
Digitally signed by Joseph
Joseph B. B.Clarkson
Date:2020.01.22
Clarkson 09:09:45-10'00'
Joseph Clarkson, Chairman
Windward Planning Commission
LRTAKilauealodgeREZI 9-239wpc2
Enclosures
cc: Zendo Kern
RTA Kilauea Lodge, LLC
Department of Public Works
Department of Water Supply
Ronald Kim, Esq., Corporation Counsel
13RTAKi1aeuaLodgeLLCRE-Z.crk.12.19,19
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
RTA KILAUEA LODGE LLC
CHANGE OF ZONE APPLICATION (REZ 19-000239)
RTA KILAUEA LODGE LLC has submitted an application for a Change of Zone from a
Single-Family 20,000 square feet (RS-20) to a Village Commercial 10,000 square feet (CV-10)
zoning district for approximately 1.176 acres of land, The subject property is located on the north
side of Old Volcano Road, approximately 500 feet west of its intersection with Wright Road,
Olaa Summer Lots, Block"B", Puna, Hawaii, TMK: (3) 1-9-004:004.
PROPOSED ACTION
1. Applicant's Request: Change the zoning district from Single-Family Residential—
20,000 square feet (RS-20) to Village Commercial 10,000 square feet (CV-10) zoning
district for 1.176 acres of land. According to the Zoning Code, the Village Commercial
district provides for a broad range or variety of commercial and light industrial uses that
are necessary to serve the population in rural areas where the supplementary support of
the general business uses and activities of a central commercial district is not readily
available. Requirements for establishing a land use in the CV district, including a list of
the variety of permitted land uses, are shown in Section 25-5-120 to 128 of the Zoning
Code. (Planning Department Exhibit I —Zoning Code Requirements for Village
Commercial Districts)
2. Proposed Development: The applicant is proposing 1) an expansion of the existing
Kilauea Lodge on the adjacent parcel to the west, 2) the construction of a new, 1,920
square-foot retail building along the property's Old Volcano Road frontage, and 3) the
construction of three (3) cottages along the north west comer of the property. While the
application proposed that the cottages will be used as Short-Tenn Vacation Rentals,
further discussion with the applicant revealed that the cottages are proposed to be used as
lodge units, accessory to the existing Kilauea Lodge and will not have any kitchen/food
-I-
preparation areas. In addition, while the retail store will be open to the public, the intent
of the store is to primarily serve lodge guests. The applicant is proposing a 26-stall
parking lot (including two handicapped stalls) and a bus parking area to accommodate
customer and employee parking. On-site parking and landscaping will be provided as
required by the Zoning Code. (P.D. Exhibit 2 - Change of Zone Application dated
May 21, 2019 and additional information dated December 16, 2019 and December
20, 2019)
3. Project Timetable and Cost: The applicant expects construction to be completed within
two (2) years of approval of the change of zone and estimates the cost of this project at
$350,000.
4. Landowner: RTA Kilauea Lodge LLC.
STATE, COUNTY & COMMUNITY PLANS
5. State Land Use District: Urban.
6. General Plan LUPAG Map Designation: Medium Density Urban, which allows village
and neighborhood commercial and single family and multiple family residential and
related functions (multiple family residential -up to35 units per acre).
7. County Zoning: Single-Family Residential-20,000 square feet (RS-20).
8. Puna Community Development Plan (PC.DP): The PCDP was adopted by Ordinance
No. 08-116, which became effective on August 27, 2008. The subject property is situated
within the Volcano Community Village Center located along Old Volcano Highway
between Haunani Road and Wright Road as designated by the PCDP.
9. Draft Volcano Long Range Plan: The Volcano Community Association(VCA) drafted
a long-range plan in 2014. According to a comment letter from the VCA, "Old Volcano
Road is in the Proposed business district in the draft plan and the proposed buildings are
consistent with the existing facilities." Moreover, the VCA expressed a desire for the
retention of as many 'Ohl'a trees and other native trees and plants on site and the use of
best management practices to avoid introducing additional Rapid 'Ohi'a Death (ROD)
during construction of the project.
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10. Special Management Area (SMA): The subject property is not situated within the SMA
and is located approximately twelve (12)-miles away from the nearest shoreline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
11. Subject Property: The property is rectangular in shape with approximately 156 feet of
frontage along Old Volcano Road and the topography is fairly level. There is an
approximately three (3) foot tall rock wall along the roadway frontage with a driveway on
the eastern end of the property. According to the applicant, based on aerial photos from
the 1960s, the property has been previously cleared and used for cattle grazing. While the
majority of the property is currently heavily vegetated, the applicant indicated that this is
secondary growth and not intact native forest. Furthermore, a portion of the parcel has
been recently cleared and used as employee parking for the adjacent Kilauea Lodge.
Finally, there is a twelve (12)-foot wide perpetual easement for a road right-of-way for
use in common situated along the entirety of the eastern property line that provides legal
access to the parcel to the east of the subject property. However, it appears that the
current driveway does not align with the access easement and the easement's intersection
with Old Volcano Road is blocked by a section of rock wall.
12. Surrounding Land Uses/Zoning: There are a mixture of residential, village commercial
and agricultural zoning and uses in the area. The properties directly adjacent to the west
and north west are similarly zoned Village Commercial (CV-10) and consist of the
existing Kilauea Lodge; properties adjacent to the north and east are zoned Single-Family
Residential (RS-20) and consist of residential dwellings; the property to the directly to
the south (across Old Volcano Road) is zoned agricultural (A-20a) and currently vacant.
The subject property is located approximately one (1) mile from the Volcano School of
Arts and Sciences and approximately 0.3 miles from the Cooper Center, and proximate to
commercial areas, a hardware store and post office.
13. Flood Zone: Zone X, an area detennined by FEMA to be outside the 500-year flood
plain.
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14. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the
property as it was previously cleared for grazing purposes in the 1960s. The property is
currently heavily vegetated with secondary growth of both native and introduced plant
species, including 'Ohi'a Lehua trees and Hapu'u ferns. According to the applicant, the
site and surrounding areas are known habitats for habitat for several native plants, birds
and invertebrates, however the project site is not an intact native ecosystem and the
applicant does not believe that rare or endangered floral or faunal resources are likely to
be found within the subject site. Many native birds are present in the area including the
`Apapane, 'Amakihi, 'I'iwi, 'Oma'o, 'Elepaio, and Hawaiian Hawk(I'o). It would also
be possible, but not likely, to find the Hawaiian Owl (Pueo), endangered Hawaiian goose
(Nene). In addition, introduced bird species (such as dove, Japanese White-eye, house
finch, myna) are common in this area. Domestic animals such as cats and dogs, and other
animals like rats and mongoose are also present. These are all common and not
endangered. According to the US Fish and Wildlife Service (USFWS), there are four (4)
listed animal species in the immediate vicinity of the project area: the federally
endangered Hawaiian hoary bat, Hawaiian hawk, Hawaiian goose (Nene), and the 'I'iwi.
Additionally, the endangered Hawaiian petrel, band- rumped storm-petrel, and the
threatened Newell's shearwater may transit the project area flying to upland breeding
colonies. USFWS provided guidance on measures to avoid and minimize project impacts
to the listed species.
15. ArchaeologicaUCultural/HistoricaI Resources: No professional archaeological and
cultural study was conducted of the property as it has been previously cleared and used
for agricultural/cattle grazing purposes. There are no known historic sites on the property
as listed on the State or National Register of Historic Places. A request for review of the
application was sent to State Historic Preservation Division (SHPD) as a part of this
application process in October 2019. As of the date of this writing the Planning
Department has not received a response from SHPD. There are no known valued cultural,
-4-
historical or natural resources exist on the property and there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site.
16. Public Access: There is no public access to the mountains or the shoreline that traverses
the property.
17. Traffic: According to the applicant, the proposed retail store use is anticipated to
generate 20 to 40 outside visitors per day. The timing of the trips is expected to be fairly
evenly distributed during hours of operation (likely 7:00 AM— 5:00 PM) with peaks near
mealtimes. The applicant expects no more than two (2) to three (3)round trips per lodge
unit per day (totaling nor more than nine). The applicant indicates that while the timing of
the trips will likely occur during the day, they are not focused on work and school hours
like a residential use. Furthermore, the existing Kilauea Lodge operation has fifteen (15)
rental units, one of which is a two (2)bedroom unit. Each unit averages two (2) to three
(3) round trips per day, which at full occupancy would be the equivalent of 30 to 45
round trips per day for the existing lodge. The existing lodge restaurant is open seven (7)
days a week from 7:30 AM to 9:00 PM, serving breakfast, lunch and dinner. The
restaurant has approximately ten (10) to thirteen(13) tables depending on the size of
parties. Assuming that dining parties travel together, and on a busy day they may seat
each table twice for each meal, that gives 69 round trips per day for the restaurant.
Timing of trips is strongly correlated to mealtimes especially for lunch and dinner. The
applicant anticipates that at a maximum, all existing and proposed uses of the Kilauea
Lodge operation would generate approximately 46 trips per hour at full capacity.
UTILITIES AND SERVICES
18. Access: The subject parcel is currently accessed via a driveway on the eastern side of the
subject property from Old Volcano Road, a divided, two (2) lane, County owned and
maintained roadway with approximately 38 feet of pavement within an approximately
42-foot right-of-way. Proposed access to the property includes a twenty (20)-foot wide
asphalt concrete paved loop driveway for access to retail structure and parking, The
applicant further proposes the cottages to be accessed by a (20)-foot wide gravel
-5-
driveway connecting to the paved loop driveway. Based on the proposed zoning, the
Department of Public Works (DPW)recommends that the applicant provide
improvements to the subject property's entire Old Volcano Road frontage consisting of,
but not limited to pavement widening with concrete curb, gutter, and sidewalk, drainage
improvements, and any required utility relocation, meeting the requirements of the
Americans with Disabilities Act and the approval of the Department of Public Works.
The driveway connections shall also conform to Chapter 22, County Streets, of the
Hawaii County Code. Additionally, Access to Old Volcano Road, including the
provision of adequate sight distances, shall meet with the approval of the Department of
Public Works, Engineering Division. Finally, DPW recommends that the applicant install
streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. The applicant shall be responsible for the design, purchase,
and installation of such devices.
19. Water: According to the Department of Water Supply (DWS), the subject property is not
within the service limits of DWS' existing water system facilities. Hawaii County Code
Chapter 25-2-46 (n) Concurrency requirements provides allowance for the County
Council to waive the water supply requirements for zoning amendments for the
following: Commercial or light industrial uses in areas that do not have a public water
system and where the Department of Water Supply has no plans to build a public water
system; and which are (1) designated as an "urban and rural center" on table 14-5 of the
General Plan and (2) designated for urban use on the land use pattern allocation guide
map of the General Plan; provided that conditions of zoning shall require water supply
consistent with public health and safety needs such as sanitation and firefighting.
According to the applicant, the proposed project will include a stand-alone, 20,000-gallon
rainwater catchment tank for Fire Department use, and a separate water holding tank for
trucked in potable water. Alternately, the project may develop an on-site water system
meeting the requirements of the Department of Health for potable water. The Department
of Health' s Safe Drinking Water Branch authority on drinking water quality is based on
-6-
the definition of a "public water system." Federal and state regulations define a public
water system as a system that serves 25 or more individuals at least 60 days per year or
has at least 15 service connections. All public water system owners and operators are
required to comply with Hawaii Administrative Rules, Chapter 11- 20 (HAR 11-20), and
titled "Rules Relating to Public Water Systems."
20, Wastewater: There is no County sewer in the area so the applicant will be required to
install an individual wastewater system meeting with the requirements of the State
Department of Health.
21. Solid Waste: There are no municipal waste collection services in the County. According
to the application, solid waste will be handled by commercial haulers who will dispose of
the refuse at authorized landfill sites.
22. Utilities and Services: All essential utilities and services are available to the property.
Police services are available in Kea'au, fire services are available in Volcano and medical
services are available in Hilo.
AGENCY COMMENTS PROVIDED
23. Department of Public Works-Engineering Division: (Planning Department
Exhibit 3-November 14, 2019 memo.)
24. Department of Water Supply: (Planning Department Exhibit 4-November 8, 2019
memo.)
25. State Department of Health: (Planning Department Exhibit 5-November 22, 2019
memo.)
26. State Department of Land and Natural Resources-Engineering Division: (Planning
Department Exhibit 6-October 30, 2019 memo.
27. U.S. Fish and Wildlife Service: (Planning Department Exhibit 7-November 8, 2019
letter.)
28. Volcano Community Association: (Planning Department Exhibit 8-November 25,
2019 letter.)
-7-
AGENCIES -NO COMMENTS OR OBJECTIONS
29. Department of Environmental. Management, Police Department.
AGENCIES -NO RESPONSE
30. Fire Department, Department of Health(Solid Waste Division), State Department of
Land and Natural Resources— State Historic Preservation Division.
PUBLIC COMMENTS
31. As of this writing, the Plarming Department has not received any written comments or
objections from the general public or adjacent landowners on the subject application.
1
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ZONING § 25-5-115
Section 25-5-115. Minimum building site average width.
Each building site in the CG district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, see 2; ratified April 6, 1999.)
Section 25-5-1.16. Minimum yards.
The minimum yards in the CG district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX district, there shall be a side yard which conforms to
the side yard requirements for dwelling use of the adjoining district.
(1996, ord 96-160, see 2; ratified April 6, 1999.)
Section 25-5-117. Landscaping of yards.
(a) All front yards in the CG district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CG district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, see 2; ratified April 6, 1999; am 2005, ord 05-155, see 12.)
Section 25-5-118. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CG district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CG district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, see 2; ratified April 6, 1999; am 2005, ord 05-155, see 13; am 201.5,
ord 15-33, see 4.)
Division 12. CV,Village Commercial Districts.
Section 25-5-120. Purpose and applicability.
The CV (village commercial) district provides for a broad range or variety of
commercial and light industrial uses that are necessary to serve the population in rural
areas where the supplementary support of the general,business uses and activities of a
central commercial district is not readily available.
(1.996, ord 96-160, see 2; ratified April 6, 1999.)
25-107
Planning Dept.
Exhibit--L—
25-5-121 HAWAVI COUNTY CODE
Section 25-5-121. Designation of CV districts.
Each CV (village commercial) district shall be designated by the symbol"CV"
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes,
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Convenience stores.
(15) Crematoriums, funeral homes, funeral services, and mortuaries.
(16) Crop production.
(17) Day care centers.
(18) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(19) Dwellings, multiple-family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(20) Dwellings, single-family.
(21) Family child care homes.
(22) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and. operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area..
(23) Financial institutions.
25-108
sill
ZONING 25-5-122
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
(26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories, medical and research.
(29) Lodges.
(30) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail
establishments located in the immediate community, as approved by the
director.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops, which are designed to primarily serve the local area.
(40) Repair establishments, major, when there are not more than five employees,
as approved by the director.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Short-term vacation rentals.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Theaters.
(49) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CV district, provided that a use permit is issued for each
use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
25-109 SUPP. 6 (7-2019)
25-5-122 HAwAN COUNTY CODE
(c) Residential uses in connection with the operation of any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
(1996, ord 96-160, see 2; ratified April 6, 1999; am 2012, ord 12-28, see 14; am 2014, ord
14-86, see 12; am 2018, ord 18-114, see 1.2.)
Section 25-5-123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, ord 96-160, see 2; ratified April 6, 1999.)
Section 25-5-124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, see 2; ratified April 6, 1999.)
Section 25-5-125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, see 2; ratified April 6, 1999.)
Section 25-5-126. Minimum yards.
The minimum yards in the CV district shall be asfollows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX district, there shall be a side yard which conforms to
the side yard requirements for dwelling use of the adjoining district.
(1996, ord 96-160, see 2; ratified April 6, 1999.)
Section 25-5-127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CV district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, see 2; ratified April 6, 1999; am 2005, ord 05-155, see 14.)
SUPP. 6 (7-2019) 25-110
ZONING § 25-5-128
Section 25-5-128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CV district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 15; am 2015,
ord 15-33, sec 4.)
Division 13. MCX, Industrial-Commercial Mixed Districts.
Section 25-5-130. Purpose and applicability.
The purpose of the MCX (industrial-commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for areas of diversified businesses and employment opportunities by permitting
a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-131. Designation of MCX districts.
Each MCX (industrial-commercial mixed use) district shall be designated by the
symbol "MCX" followed by a number which indicates the minimum land area, in
number of thousands of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile sales and rentals.
(6) Automobile service stations.
(7) Bars, nightclubs and cabarets.
(8) Broadcasting stations.
(9) Business services.
(10) Car washing.
(1.1) Catering establishments.
(12) Cemeteries and mausoleums, as permitted under chapter 6, article I of'this
Code.
(13) Churches, temples and synagogues.
25-111
ZENDO KERN PLANNING CONSULTANT LLC
194 Wiwoole St. Hilo, HI 96720 7�19 f9gy ?q pq P
Phone: 808-333-3393
Email: info@zendokern.com PLiAN�,il`11_� !"!,-","JTiMENT
(MUNlY 0F_ HAWAII
May 21, 2019
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee:
Subject: Change of Zone Application
Applicants: RTA Kilauea Lodge LLC
Volcano,Puna, Hawaii,TMK: (3) 1-9-004: 004
Transmitted herewith for your review and processing is an application requesting the
rezoning of a 1.176-acre parcel of land from the Residential (RS-20) zone to the Village
Commercial (CV-10)zone. The property is adjacent to the east of the Kilauea Lodge in
Volcano. Specifically, it is located on the north side of Old Volcano Road, approximately
500 feet west of the intersection of Wright Road and Old Volcano Road.
If approved, the applicant wishes to construct a retail store and three cottages for vacation
rental use.
The transmittal includes the a) the original and twenty (20) sets of the application form,
departmental questionnaire, and environmental report, which includes the location and
proposed site plan; b)processing fee of$500; c) a list of surrounding property owners within
three hundred (300) feet; d) a real property tax clearance form; e) a full-size (2' x 3')plot
plan to scale containing the metes and bounds description of the property; and I) letter of
authorization from applicant allowing Zendo Kern to process the application.
We trust that everything is in order for your acceptance and processing of this application. If
not or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
Sincerely,
ZENDO KERN
Planning Consultant
Enclosures
Copy—RTA Kilauea Lodge LLC
Planning Dept. 125575
Exhibit
>
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information) "7 co
K
M CJ1
APPLICANT: RTA Kilauea Lodge Z C.0
APPLICANT'S SIGNATURE: DATE: LH
ADDRESS: 2082 Michelson Dr #300 Irvine, CA 92612-1214
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.)_ (Fax)
LANDOWNER(S): RTA Kilauea Lad Li,6) n
LANDOWNER SIGNATURE(S):, - ( )Wk-JI DATE: ?--14-0
(_V--"- (may by letter)
LANDOWNER(S)ADDRESS: 2)82 Michelson Dr. #300, Irvine, CA 92612-1214
REQUEST: RS-20 TO CV-10
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 1-9-004:004
STREET ADDRESS OF PROPERTY:
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 1.176 acres
AGENT:-Zendo Kern Planning Consultant LLC
ADDRESS: 194 Wiwoole St, Hilo, Hl 96720
TELEPHONE:03us. 808-333-3393 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Agent COPIES: Applicant
i
i
I
r
I
1
TO WHOM IT MAY CONCERN: 1
1
As landowner of parcel identified by TMK: (3) 1-9-004:004, 1 hereby consent and authorize
Zenda Kern of Zenda Kern Planning Consultant to file and process a Change of Zane Application II �
on behalf of RTA Kilauea Lodge LLC.
I
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By: I
R ilauea Lodge LLC (DATE) 1
r
By its: 1
HARRY KIM DEANNA S.SAKO
MAYOR FINANCE DIRECTOR
STEVEN A.HUNT
DEPUTY DIRECTOR
4"
COUNTY OF HAWAII
Department of Finance - Real Property Tax
Aupuni Center,101 Pauahi Street,Suite 4 1 Hilo Hawaii 967204224 Fax(808)961-4224
Appraisers(808)961-8354 1 Clerical(808)961-82011 Collections(808)961-8282
West Hawaii Civic Center 174-5044 Ane Keohokalole Hwy I Bldg D 2nd Floor I Kaflua Kona,Hawai'i 96740
Fax(808)327-35381 Appraisers(808)32348811 Clerical(808)3234880
REAL PROPERTY TAX CLEARANCE
Date: Thursday, May 16, 2019
TMK: (3)1-9-004-004-0000 Rta Kilauea Lodge LIc
This is to certify that the real property taxes due to the County of Hawaii on the parcel listed
above have been paid for the tax year up to and including June 30, 2019.
The County's real property taxes are levied on July 1st each year. The taxes become a lien
on the property assessed as of the levy date.
This clearance was requested on behalf of Rta Kilauea Lodge LIc and is issued for this parcel
only.
by Namele Walker, Tax Clerk
REAL PROPERTY TAX DIVISION
Paid up to and including June 30, 2019.
TAX CLEARANCE FOR PLANNING DEPARTMENT REV(2/2018)
Hawail County is an Equal Opportunity Provider and Employer
TB325HIHAW
ATTACHMENT
Comm eicjal,RM ,Resort; Industrial
PLANNING DEPARTMENT
COUNTY OFHAW AII
APPLICATDN FOR CHANGE OF ZONE
1. if yourmquestis appmved,do you intend to subdilide
the subjactbnd ii accordance wih the appmved change
ofzone? NO
I[yei�,,2l~ase answer the mstofquesthn Iand then 10
quest hn 3.
a. H ow m any acres of the requested aura do you Mend t)
subdirBe? N/A
b. Int)whatbtsizes? N/A
C . if yourmquestis approved,appmxjn atly how bng
affe-rthe date of appmvaldo you ex-pecttD subm:t
yoursubdirisbn pbns to the Pbnn:hg D epartm ent
fDrpmlh-nary appmvaL) N/A
If you :htnd tD subd-ivBe,pbase subm is pmlti iiary
schem ath subdivbbn p-bn tDgetherw ih yourchange of
zone appli--atbn Erin .
2. Ifyou nave no flim pJans of subdi7jJbg the subjectama,
do you mend t:):
a. Sellor-base the hnd to som eone who has 5m
phns? NO
b. Sell or-base the bnd to som eone who has tentative
phns? NO
C . Sellorbase the hnd to som eone who has no phns? NO
Cl. Keep iL9 YES
e. other phase state)
f Ifyou iatBnd b do eihera,b,orc,phase ehboiate
on the khd ofpIans the otherparty has.Please,also,
hcbde ii youransw erappmxin ately how soon af.Br
appmvalofyourmzon:hg do you expectto transferthe
subj:cthnd tD anotherpaty.
N/A
3. W hatspecfr-buibhg phns do you have frthe sub�cthnd?
licbdeh youransw erthe fD-Tbw hg:type ofbu:bhg
(apaztn ent;of5ce,Jaundemtte,et.);fnanchg anangem ent;
tin etabb fDrconsttucton;and any other:h:bn at w hich you
feelm ththeA)us evaluating your inquest
Plans for the property include construction of retail building and three(3) rental
cottages to complement the existing lodge on the adjacent property.
4. H ave you peifbim ed any study whhh wou-b dem onstnte a need fDr
yourpmposed buRlhg and/ordevebpm ent2 Yes
ifso,phase ebboiate on yourfndings h the space pmvjJed
bebw.
Evaluation of recent trends and changes in registration processes for short term
vacation rentals indicates that availability of vacation rentals in the Volcano area
will be reduced in the near future. The proposed project will help to meet the
increased demand for vacation rentalsin the area.
-2-
5. Have you perl-Dim ed any study which discusses the
envimm entalin pacts yourmquestwoub nave on the
sumundhg area and/orthe County? Yes
If so,phase e-bboiate on your ffidings h the space
p,mviled bebw.
Environmental considerations were discussed in the change of zone application.
All impacts were determined to be insignificant.
6. Am them anybu2Jhgs on the subj2ctama? No
If so, whatkind?
N/A
W hatdo you intend tD do w jffi those buidiigs fyour
requestt approved?
N/A
Is the sub�cthnd currents beteg used brant'
agrtultuialactKrity? No
if so,phase Istthe kinds ofpmducts gmwn on and
how m any squan feetoracms ofhnd perpioduct?
N/A
-3-
II
8. To your knowbdge,has them been any fbodiig and/or
drainage pmb-bm on the sub�ctama? No
Ifso,phase descrbe the pmb-bm
9, D o you th:hk thatthe mads badiig to the sub�cta ma
needs in pmvem ent? No
lEso,what:Lhd?
Is the mad adequate br the pmposed tmffr-vohm e
orbad? Yes
10. W hatsorLofgove=entalassistance andkrin pmvem encs
do you telwflbe needed in the sub�ctama when
devebped?
yes
a. Schools x
b. Roads x
Sewer x
Drahage x
e. Polte Pmtecthn x
f. Fim Pmtectbn x
X
9. Recm atbnalFaci±L-s
h. RecmathnalFac2l2es x
i 0 ther
Forthose checked '�es;'pbase ebbozate whattype orknds of
inpmvem ents and/or assistance am needed.
i
N/A
i
11.H ave you pert rn ed any histori--sites study and/or survey of the
subj�ctama? If so,whatwem the msuh? Pbase,abo,
subm to copy ofthe study togetherw ith this change of zone
suppbrn ent
No.
i
Signature:
Addmss: 194 Wiwoole St Hilo HI 96720
Te-bphone: (808) 333-3393
D at: j
I
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633BAi50A
P.D.5M
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (RS-20 to CV-10)
RTA KILAUEA LODGE LLC.
VOLCANO, PUNA, HAWAII
TMK: (3) 1-9-004:004
I. INTRODUCTION
RTA Kilauea Lodge LLC. ("applicant") is requesting to rezone the subject
property of 1.176 acres in Volcano, Puna, Hawaii (Figure 1). The subject
property is located north of Mamalahoa Hwy off Old Volcano Rd, adjacent to
the Kilauea Lodge.
The applicant requests to rezone the subject property from RS-20 to CV-10
zoning. If approved, the applicant intends to build a retail building and three
new cottages for short term vacation rental use.
PROJECT LOCATION
The subject site consists of 1.176 -acres of land and is identified by TMK: (3)
1-9-004: 004. This parcel is adjacent to the east of the Kilauea Lodge in
Volcano. Specifically, it is located on the north side of Old Volcano Road,
approximately 500 feet west of the intersection of Wright Road and Old
Volcano Road (Figure 2).
The primary access to the site is from Old Volcano Road which accesses the
entire southern boundary of the subject site.
PROJECT DESCRIPTION
A. Project Concept and Components
The subject site consists of 1.176 acres and is vacant of any
structures. The applicant wishes to construct a retail store and three
cottages for vacation rental use as shown on the Site Plan Figure 3.
The proposed retail building will be accessed from Old Volcano Road
via a paved loop driveway. The cottages are planned to be built on the
northwest corner of the parcel, opposite the Old Volcano Road
frontage, and will be accessed by a 20 ft wide gravel drive connecting
to the paved loop driveway that also services the retail building.
Twenty-six (26) parking stalls, two of which are ADA compliant, plus
one bus parking area are planned for the new buildings.
9/7/1995 .1 AS
-- N A T!A 9
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46z DO,
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4�3 70
....... .....
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Subject
V Property
NO to,
wR,GH r ROAD
BLOCK 17
PLAr 03
ffi ti=p= Figure I
nor,
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Upon the change of zone being granted, the Applicant/landowners
plan to work towards compliance with all conditions and work toward
permitting and construction of the cottages and retail space.
The applicant intends to two to five staff in support of the new lodge
facilities. When completed the applicant expects 30 to 50 visitors to
the site per day.
As there is no County water system in the area, water for fire
suppression and flushing will come from a catchment system, while
drinking water will be trucked in. The applicant will ensure sufficient
quantity and flow of water for fire suppression needs as determined by
the Fire Department, as well as overhead utility lines for power,
phone, and cable services.
There has always been a relative shortage of lodging options in the
Volcano area. In recent years unregulated short-term vacation rentals
have proliferated in the area. The recent passing of Bill 108, regulating
short term vacation rentals is likely to curtail the number of new
vacation rentals and reduce the number of existing vacation rentals
available. This will likely increase the availability of residential rentals
in the area, while at the same time increasing the demand for
registered vacation rentals. This project would help to satisfy this
need.
B. Project Timetable and Cost
The Applicant hopes to secure the rezoning as soon as possible and
begin construction immediately thereafter. Construction is estimated to
be completed within 2 years of approval, The estimated cost of the
improvements is $350,000.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The entire subject site is designated State Land Use Urban. As such
no State Land Use Commission action is required. The County of
Hawaii can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map, if scaled, has dual designations. The vast majority
(1.158 acres) of the site is Medium Density Urban with the small
triangular remainder in the northeast corner (0.018 ac) is designated
as Low Density Urban. The Medium Density Urban designation allows
consideration for uses that are village and neighborhood commercial
and single and multiple family residential and related functions and the
Low Density Urban designation allows consideration for uses such as
residential, with ancillary community and public uses, though the area
designated LDU is negligible.
The proposed rezoning amendment would be consistent with the
Medium Density Urban designation. As such, no General Plan
amendment would be required to effectuate this project.
C. Puna Community Development Plan
The Puna Community Development Plan (PCDP) attempts to further
define the General Plan and serves as agqjk for decision-makers.
While the PCDP does not go into much detail on lodging houses or
village commercial facilities, this rezoning request is in general
alignment with the goals and objectives of the PCDP.
Section: 3.1.1 Goals
a. Puna retains a rural character while it protects its native natural and
cultural resources.
b. The quality of life improves'and economic opportunity expands for
Puna's residents.
c. Services and community facilities are more accessible in
village/town centers that are distributed throughout the region,
including the underserved subdivisions that have been experiencing
higher levels of development growth.
Section: 3.1.2 Objectives
c. Enhance the role of existing and new village/town centers by
allowing expanded commercial uses, facilitating the development of
farmers markets and community gathering places, opportunities for
special needs housing, and infrastructure to support more compact
development form and multi-modal travel.
e. Target investments in public services and infrastructure to promote
the development of village/town centers and, secondarily, to serve the
peripheral subdivision areas.
Section: 3.2.1. Goals
g. Local job growth is primarily in "green"industries such as
agriculture, alternative energy, communications technology, eco-
tourism and natural resources management
D. County Zoning
The current County zoning of the subject property is (RS-20). As
noted above, the LUPAG map shows the area as Medium Density
Urban and a very small Low Density Urban area, which is consistent
with the proposed rezoning (CV-10) request. There are several other
CV-10 zoned properties adjacent to and nearby the subject property.
Other immediately surrounding properties are zoned RS-20.
If approved, the Applicant would begin the process of developing it in
a manner meeting zoning codes. All uses and standards consistent
with the requested CV-10 zone would be adhered to.
E. Relationship to SMA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). No SMA Use Permit is required. However, as the entire island
falls within the Coastal Zone Management (CZM) area, a discussion of
the request in relationship to the CZM Program follows.
The site is not adjacent to the ocean; it sits approximately twelve (12)
miles from the shoreline. As such, the proposed amendments should
not have any adverse impacts on the area's coastal recreational and
marine resources, nor have any impacts on beach protection.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all. As mentioned above, the site is located almost twelve (12) miles
from the ocean.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards. Relative to the managing development
objective, this function is more applicable to the "authority" or
approving agencies. However, it is noted that the requested
amendments would operate and be constructed within the scope of
the Zoning Code. The subject site would be zoned CV-10 and the
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requested use and design/parameters (parking, height, setback, etc.)
would be consistent with said zoning. In that regard, the project would
be consistent with this policy.
The proposed rezoning will not impact the area's historic resources.
As the site was previously mostly cleared and used since the early
'60s, no commissioned archaeological survey of the site was made.
However, if needed, an archaeological monitoring plan can be
prepared and implemented in conjunction with further land clearing
activity.
Furthermore, in the event any inadvertent discoveries are made during
any land disturbance activity relating to this project, work will cease
and the Applicant will immediately notify the Planning Department and
the State DLNR and secure their clearances before proceeding
further.
The proposed action will eventually involve the construction of
improvements in a medium density urban setting. However, given the
nature of the improvements and the surrounding area, there is little
potential visual impact to the area's scenic and open space
resources. Given the current use by the applicant of the neighboring
parcel and planned improvements the proposed action would be
cohesive with the surrounding community.
Further, the proposed action could aid the general economy and the
overall economic use of this site and the surrounding area by
stimulating further potential for small business development.
In terms of the public participation objective, this is generally a
public agency function. This is achieved through the Marine and
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will become public through the
posting of a sign on the property, as well as sending two (2) notices to
surrounding property owners — one at the time the application is filed
and one prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating
to Special Management Area.
F. Other PermittingRequirements
Other permits would still be required. These would be of the
"ministerial' variety, such as Building Permits, etc.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel is generally rectangular in shape and is accessed via Old
Volcano Rd. Old Volcano Road is owned and maintained by the
County of Hawaii. The site is currently vacant of any structures.
The site is fairly level with no significant on-site undulations and is
situated at about the 3,700-foot elevation with the highest point being
at the northwest end of the parcel. There does not appear to be any
topographic constraint in developing and utilizing the site.
The mean annual rainfall in this area ranges between 120 to 140
inches. The wetter months tend to occur between October through
April. The mean annual temperature is about sixty (60) degrees
Fahrenheit. Wind patterns are generally trade winds (easterly) during
the day, and westerly during the evenings.
The lot has about 150 feet of frontage along Old Volcano Road. The
lot is primarily cleared with some remnant native and introduced
vegetation.
B. Soils and Topography
The topography of the site slopes slightly in a west to east direction
with the highest portion being at the northwest end. The grade,
however, is less than 5 percent.
The U.S.D.A Soil Survey Report identifies the soil on the subject site
as "Puhimau ashy silt loam" with 2 to 10 percent slopes. This type of
soil consists of moderately well-drained ashy silt loam that formed in
volcanic ash over pahoehoe lava to a depth of approximately 13 to 23
- inches. Permeability is moderate, runoff is high, and the erosion
hazard appears to be moderate.
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According to the Natural Resource Conservation Service's Land Study
Bureau Overall Master Productivity Rating, the site does not have a
classification as it is in the State Land Use "Urban" District.
According to the Agricultural Lands of Importance to the State of
Hawaii (ALISH) classification system, the land is "unclassified".
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate map (FIRM) identifies the project area as Zone
'X' (areas outside of the 500-year flood).
Pursuant to county drainage requirements, appropriate drywell
and/or similar means to capture runoff from any improvements
will be built, if necessary, in conjunction with the appropriate
permitting process,
2. Volcanic, Earthquake and Tsunami Hazards
According to the United States Geological Survey maps, the
project site is located within Lava Flow Hazard Zone 3, on a
scale of ascending risks 9 to 1, 9 being the lowest risk and 1
being the greatest risk. The entire City of Hilo and most of Puna
falls in this category. There is very little that can be done to
mitigate this situation which reflects an ongoing threat to all
residents and businesses in these areas.
The Building Code designates the entire island of Hawai'i
Earthquake Zone "D" and contains certain structural
requirements to address the relative seismic hazard. All
structures would have to comply with this standard.
As the site is located approximately twelve (12) miles from the
ocean, it is located outside of the Civil Defense's Tsunami
Evacuation Zone.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral or
faunal resources of the site, the applicant does not believe that rare or
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endangered floral or faunal resources are likely to be found within the
subject site.
Volcano is unique in that it is located within a native rain forest. The
subject property is situated amidst native 'ohia lehua trees and hapu'u
ferns. Most of the forests in the area are old growth areas with some
second growth forest where lots had been cleared for personal
residences or previous agricultural endeavors from the early 1950's
and 1960's. Aerial photos acquired in 1965 show the subject property
mostly cleared, especially in the southern two-thirds of the property.
The site has been degraded by the widespread invasion of introduced
plant species and by understory disturbance by feral pigs. Though the
site is a habitat for several native plants, birds and invertebrates, the
project site is not an intact native ecosystem.
Many native birds are present in the area including the: 'Apapane,
'Amakihi, liwi, 'Oma'o, 'Elepaio, and Hawaiian Hawk (I'o). It would
also be possible, but not likely to find the Hawaiian Owl (Pueo),
endangered Hawaiian goose (Nene). Since the clearing proposed is
limited in area and the timing of clearing, there should be little impact
to the native forest or native birds. To reduce the potential for
interactions between nocturnally flying birds and external lights and
man-made structures, all projects in Hawai'i should ensure that any
external lighting be shielded, in keeping with Hawai'i County Code
§14-50 et seq. which requires the shielding of exterior lights to prevent
disorientation of seabirds.
Volcano Village is surrounded by protected areas which include: the
Kahuale'a Natural Area Reserve (16,700 acres), the 'Olay Forest
(10,500 acres), Pu'u Maka'ala Natural Area Reserve (12,000 acres),
the Mt. View section of the 'Olga Forest Reserve (4,300 acres), and
Hawaii Volcanoes National Park (360,000 acres) which helps to
preserve the native birds and plants of the area.
In addition, introduced bird species (such as dove, Japanese White-
eye, house finch, myna) are common in this area. Domestic animals
such as cats and dogs, and other animals like rats and mongoose are
also present. These are all common and not endangered.
As such, it is unlikely that the additional development of the subject
property would cause any adverse floral or faunal impacts.
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E. Historic/Cultural/Archaeological Resources
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The proposed amendments will not impact the area's t
historic/cultural/archaeological resources. The majority of the site
was formerly cleared and has been used periodically. Although no
commissioned archaeological survey of the site was made, an
archaeological monitoring plan can be prepared and implemented in l
conjunction with further land clearing activity if needed.
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Furthermore, in the event any inadvertent discoveries are made during
any land disturbance activity relating to this project, work will cease
and the applicant will immediately notify the Planning Department and
the State DLNR and secure their clearances before proceeding f
further. ;
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F. Valued Cultural Resources
1
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical and natural resources,
as well as the associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and coastal access is not
an issue. 1
f
It is not known whether the subject property or immediate surrounding
area have been used in the recent past for the gathering of plants by
Native Hawaiians. The applicant has not observed any Native
Hawaiians on the site or adjoining properties gathering plants, thus it
would appear unlikely that the site would serve such purpose today
and/or in the recent past.
t
There are also no known archaeological features on the subject
property.
In the event legitimate gathering claims are made by Native
Hawaiians, the applicant intends to respect and honor such claims
and provide the needed access within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area
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G. Water and Coastal Resources
The subject site is located approximately twelve (12) miles from the
coastline. As such, coastal impacts resulting from discharge of
wastewater systems from the site should not be significant. Likewise,
being a non-coastal property, no coastal access will be affected.
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Cesspools will not be allowed and individual systems such as septic
tanks or higher level, meeting with the approval of the State
Department of Health, will be installed in conjunction with the actual
development of the property. }
H. Noise, Air Quality, and Dust ;
Mamalahoa Highway serves as the major thoroughfare in this area. It
connects to the Old Volcano Road which serves as the principal
access for the subject property and the Village of Volcano.
The existing ambient traffic level in this area ranges from low to
moderate, as Mamalahoa Highway is screened by an approximately
400 ft wide natural vegetation buffer near the subject property.
Additionally, the general area is a village commercial mix of uses. As
such, the corresponding noise level is comparable to the other existing
uses in the area.
There may, however, be short-term noise impacts associated with the
construction of infrastructure and cottages. In that event, contractors
will be required to comply with appropriate noise and related mitigation 1
measures of the State Department of Health.
While the proposed development may add to the traffic, and in turn,
affect the ambient noise level, the impact should not be any more than
a general residential level except for a slightly higher frequency.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant.
Especially considering higher EPA standards for automobile air
emissions, the air quality impact should be negligible.
All of the required parking areas within the project site must be paved
with an all-weather, dust free surface. As such, with the exception of
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construction dust in the beginning, long term dust generated by the
project should be minimal.
1. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or
areas listed as being scenic resources. The subject site is not listed as
a scenic site. However, there were a few examples cited within the
Volcano area: the scenic views of Mauna Loa from Volcano-Ka'u
Highway, scenic views of the shoreline between Pahala and Punalu'u
(approximately 27 miles southwest of Volcano), Ninole Cove and
Springs (approximately 31 miles southwest of Volcano). The site is
located on the Puna side of Kilauea and is screened by forested
areas, and as such, will not affect any of the views described.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The mixture of land uses in this area depicts residential lots and
village commercial urban use. The surrounding properties consist of a
mix of the following zonings: properties adjacent to the west are zoned
CV-10, properties adjacent to the north and east are zoned RS-20,
The property to the South (Across Old Volcano Rd) is zoned A-20a.
The subject property is located approximately one (1) mile from the
Volcano School of Arts and Sciences and approximately .3 miles from
the Cooper Center, and proximate to commercial areas, a hardware
store and post office.
Given the existing conditions, the proposed rezoning amendments
would not be incongruous with the existing village commercial nature
of the area.
B. Economic Impacts
The requested rezoning would have some measure of economic
impact, as it would make expansion of the Kilauea Lodge possible.
This would provide more employment opportunities to area residents,
and allow for more lodging options for visitors to the area. The project
will also support construction jobs and purchases from local suppliers.
C. Agricultural Impacts
The site has a LUPAG designation of Urban and has not had any
recent agricultural activities. The lot size and soil quality make it
unsuited to commercial agriculture. Therefore, a village commercial
zoning is consistent with the overall land use designation and other
zonings in the adjacent area.
VIII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
The subject site is accessed by the Old Volcano Road, which borders
the entire southern boundary of the property. Old Volcano Road is
owned and maintained by the County.
B. Water
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There is no county water system in the subject area. The project will
include a stand-alone system for fire department use, and a holding
tank for trucked in potable water. Alternately, the project may develop
an on-site water system meeting the requirements of the Department
of Health for potable water. Plans include construction of a new water
tank of at least 20,000 gallons.
Hawaii County Code Chapter 25-2-46 Concurrency requirements (n)
allows the council to waive the water supply requirements for zoning
amendments for commercial or light industrial uses in areas that do
not have a public water system, and where the department of water
supply has no plans to build a public water system, and which are (1)
designated as an "urban and rural center" on table 14- 5 of the general
plan and (2) designated for urban use on the land use pattern
allocation guide map of the general plan, provided that conditions of
zoning shall require water supply consistent with public health and
safety needs such as sanitation and fire-fighting.
The requested rezoning meets the concurrency requirements outlined
in Chapter 25-2-46 and will comply with related conditions for
rezoning.
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C. Wastewater
There is no county wastewater system in the subject area. As such,
septic tank systems meeting with the approval of the Department of
Health will be allowed.
D. Solid Waste
Solid waste will be handled through commercial haulers into
authorized landfill sites or transfer stations. With the requested CV-10
zoning, the potential for uses with toxic or related chemical waste
would be minimal, if at all.
E. Other Government Services
As this area is part of the Volcano Village area, it is already being
serviced. No extension of government services would be required.
Keeau Police Station is approximately 19 miles away. There is a
volunteer fire station within 1 mile and the Volcano Fire Station is
approximately 3 miles away.
Volcano School of Arts and Science is located approximately 1 mile
away and the Cooper Center is approximately 0.3 miles away.
To emphasize, the project should not result in the extension of any
government services and the required public facilities are located
reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the planned expansion of the Kilauea
Lodge would not proceed. The lot would remain idle and likely be
overgrown with invasive weeds. If the zoning amendment is approved,
the applicant will proceed with the planned expansion and continue to
operate, maintain and improve upon the Kilauea Lodge.
B. Irreversible and Irretrievable Commitment of Resources
As the site has been relatively disturbed in the past, it is not likely that
its development would result in an irreversible commitment of natural
or archaeological resources.
It is also unlikely that the site has any significant archaeological
features, which is evidenced by the prior grading of the majority of the
site. Again, if needed, a monitoring program can be conducted during
any land disturbance activity.
C. Mitigative Measures
The applicant intends to make improvements if required, generally
consistent with the development process. For any construction
activity, contractors will be obligated to comply with appropriate State
noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop
immediately and clearance will be secured before work is resumed.
There is no existing drainage way on the property. Any and all
required grading or grubbing work will be done in conjunction with the
required permits, This is to assure that the development of this site
does not adversely affect the drainage of surrounding properties.
The areas surrounding the project site do not appear to have suitable
nest sites for Hawaiian hawks and construction activity is planned to
minimize disturbance to vegetation so no significant impacts to the
flora or fauna of the site are anticipated.
Finally, there will be no person or businesses to be dislocated by this
project.
D. Alternatives to the Proposed Project
1 No Proiec
Under this status quo alternative, the site would remain in its
present condition. Economic development and employment
opportunities would not be realized.
14
Then, too, the site would not be utilized to its fullest land use
potential, as outlined in the County General Plan.
2. Alternative Agriculture-Zoned Site
An Agricultural zoning would be possible. However, as the soils
and lot size are not favorable for commercial agriculture, this lot
would not likely be successfully used for agriculture.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure have not and would not appear to be pronounced.
Certain mitigative measures will be taken to address any
possible impacts associated with the development of this
project. Further, the project is consistent with the land use
objectives sought to be accomplished by the County General
Plan LUPAG map.
The proposed CV-10 zoning would not frustrate the long-term
Medium Density Urban objective of the General Plan.
Finally, as noted above, Agriculture use —given the lot size and
relatively poor soil quality — may not be suitable.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
proposed CV-10 zoning.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the Island of Hawai'i. It provides direction for balanced
growth in the County. The LUPAG map designates the site Medium
Density Urban and Low Density Urban (minor component). This
designation allows the proposed CV-10 zoning without a General Plan
amendment.
B. General Plan Polices
The proposed zoning is consistent with the goals, policies, and
standards of the General Plan document.
is
Regarding the Economic Elements of the General Plan, the
proposed rezoning is consistent with the following goals and policies:
• Provide residents with opportunities to improve their quality of life
through economic development that enhances the County's
natural and social environments.
• Economic development and improvement shall be in balance with
the physical, social, and cultural environments of the island of
Hawaii.
• Strive for diversification of the economy by strengthening existing
industries and attracting new endeavors.
• Provide an economic environment which allows new, expanded, or
improved economic opportunities that are compatible with the
County's cultural, natural and social environment.
• The County shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
• Support all levels of educational, employment and training
opportunities and institutions.
• Identify and encourage primary industries that are consistent with
the social, physical, and economic goals of the residents of the
County.
• Identify the needs of the business community and take actions that
are necessary to improve the business climate.
• Encourage the development of a visitor industry that is in harmony
with the social, physical, and economic goals of the residents of
the County,
Discussion
The request would provide opportunities for existing business to
expand in an area that showcases a uniquely beautiful part of Hawaii.
Further, the area is located proximate to other similar Village
Commercial uses and thus the surrounding areas will not be adversely
affected. These uses include the applicant's restaurant and guest
cottages. The nearest residences are approximately 300 ft to the east
on the opposite side of Old Volcano Road. The proposed project
would not be significantly different than current uses in the area as the
main Kilauea Lodge operation is approximately 500ft from these
residences currently. Thus, the established zoning and the current
uses of the subject parcel will have no detrimental effect to the
community.
16
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The project would also be consistent with the goals, policies, and
standards of the Energy elements of the General Plan. The applicant
intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage
of the sun and wind patterns.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns: air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not violate any of those objectives.
The only discernable impact to air quality could be associated with
vehicular traffic to and from the site. While there will be an impact to
the ambient air quality, the impact should not be significant, especially
considering the higher EPA standards for automobile air emissions. All
wastewater systems would be consistent with the requirements of the
State Department of Health. This should be sufficient to address any
potential groundwater or coastal water impacts.
If required, while not necessary for a project of this nature and size, a
solid waste management plan could be prepared and implemented.
The project will also be minimal in noise. While the potential land
development may add to the traffic, and in turn, affect the ambient
noise level, the impact should not be as pronounced as traffic on
Mamalahoa Highway. Further, with the current zoning, any traffic is
expected to be diurnal and not nocturnal. Thus, the impacts to
residences should be less.
The project area is outside of any floodway. Nonetheless, if required,
a drainage system will be designed and constructed in a manner to
protect the property as well as to minimize the volume of surface
runoff generated by this development.
The site does not appear to have historic sites due in large measure
to the prior clearing activity on the site. Nonetheless, work will cease if
unanticipated archaeological remains are discovered during the
development of this project. Work will resume only after proper
clearances from the State and/or County have been received.
While there have been sightings of the Hawaiian Hawk (Fo) or the
short-eared owl (Pueo), this area is not their primary habitat. As such,
17
the subject project should not have any significant impacts on rare or
endangered plant or animal life in this area.
Although the project will not directly generate new residential lots, the
increased employment and economic opportunities may indirectly help
fulfill the objectives of the housing element. The Plan also
emphasizes that developments be mindful of an area's natural beauty.
In this situation, the project, with the protective conditions, will be used
in a manner where it blends with the existing environment.
As the project site is approximately twelve (12) miles from the ocean,
the usual coastal resources concern is not pronounced. There will
be no interference with shoreline access. Also, through the use of
septic systems or other acceptable form of wastewater system,
impacts to coastal water will be minimized.
There will be marginal impact to public facilities. The wastewater
system will be private, and water will be supplied by catchment since
no county water system exists in the area. As discussed above the
requested rezoning meets the concurrency requirements outlined in
Chapter 25-2-46 and will comply with related conditions for rezoning.
Vehicular access to the site is already via a County road and
accessible by emergency vehicles. Public facilities are also located
proximate to the site, most of them being less than four (4) miles
away.
Finally, in terms of the Land Use and Commercial Development
elements, the pertinent goals, policies, and standards of the General
Plan note the following:
Goals
• Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County. (hand Use Element)
• Provide for commercial developments that maximize convenience
to users. (Commercial Development Element)
• Provide commercial developments that complement the overall
pattern of transportation and land usage within the island's regions,
communities, and neighborhoods. (Commercial Development
Element)
is
Policies
• Allocate appropriate requested zoning in accordance with the
existing or projected needs of neighborhood, community, region
and County. (Land Use Element)
• Encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and
social environment. (Land Use Element)
• Distribution of commercial areas shall meet the demands of
neighborhood community and regional needs. (Commercial
Development Element)
• Encourage the concentration of commercial uses within and
surrounding a central core area. (Commercial Development
Element)
• The development of commercial facilities should be designed to fit
into the locale with minimal intrusion while providing the desired
services. Appropriate infrastructure and design concerns shall be
incorporated into the review of such developments. (Commercial
Development Element)
Standards
• Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public
services and utilities, access, and public need. (Land Use Element)
Discussion
As Volcano and its surrounding area continues to grow, there will be a
need for more village commercial zoned lands. This request also
reflects this demand.
The subject project, in addition to attempting to meet this need, also
fulfills other policies and standards articulated in the General Plan.
The site is already serviced by adequate infrastructure —fire protective
services are available within 4 miles of the site, police services are
available approximately 19 miles away, wastewater systems will be
the designed to meet the requirements of the Department of Health,
and all other utilities besides county water, are available to the site,
19
and the requested rezoning meets the concurrency requirements
outlined in Chapter 25-2-46 and will comply with related conditions for
rezoning. As such, this development should not require additional
public services to be provided.
The site does not have any on-site developmental constraints. The
land is relatively level, and there are no flood or other hazardous
conditions that would render the site a developmental problem and
pose a burden to public agencies.
Being mostly cleared previously, the prospects of the site serving as a
habitat for rare or endangered plant or animal life appear remote.
Likewise, surface and subsurface archaeological remains do not
appear to be likely on this site.
The use is also compatible with the surrounding area. Although there
are residences in the area, there are natural buffers. Accordingly, the
requested zoning would not be incongruous with existing and
projected uses for this area. Also, since there are other uses of a
similar nature in this area, such as the existing Lodge, the requested
zoning would not be incompatible with those activities.
Lastly, according to the Natural Resource Conservation Service's
Land Study Bureau Overall Master Productivity Rating, the site does
not have a rating or classification as it is in the State Land Use
"Urban" District. As such, this location meets the criteria for Village
Commercial.
C. Puna Community Development Plan
The Puna Community Development Plan (PCDP) attempts to further
define the General Plan and serves as a g.u!Lde for decision-makers.
While the PCDP does not go into much detail on education and
church facilities, based on the following, the requested rezoning is in
alignment with the goals and objectives of the PCDP.
Section: 3.1.1 Goals
a. Puna retains a rural character while it protects its native natural and
cultural resources.
b. The quality of life improves and economic opportunity expands for
Puna's residents.
c. Services and community facilities are more accessible in
village/town centers that are distributed throughout the region,
20
including the underserved subdivisions that have been experiencing
higher levels of development growth.
Section: 3.1.2 Objectives
c. Enhance the role of existing and new villageltown centers by
allowing expanded commercial uses, facilitating the development of
farmers markets and community gathering places, opportunities for
special needs housing, and infrastructure to support more compact
development form and multi-modal travel.
e. Target investments in public services and infrastructure to promote
the development of villageltown centers and, secondarily, to serve the
peripheral subdivision areas.
D. Zoning and Subdivision
,The designated zoning of the site is RS-20. Should the CV-10 zoning
be approved, the requirements of the zoning codes would generally be
complied with, including use and related development standards.
These include the possible incorporation of appropriate restrictive
covenants relating to density, use, and design restrictions.
E. State Land Use Agricultural Standards
As the State Land Use Designation is Urban the requested rezoning to
CV-10 should not be contrary to the State Land Use Agriculture
Standards.
X. CONCLUSION
Based on the consistency of the proposed change of zone request with the
County's land use policies, approval of this request would be logical and
reasonable.
In addition, the request will help generate additional property tax revenue for
the County during a time of an impending budget crises.
Lastly, the requested density is consistent with the surrounding area and
properties. The alternative of leaving the land in residential zoning would not
be a reasonable option and would greatly limit its potential land use. While
other zonings of an agricultural nature could be achieved, the requested CV-
10 zoning is the most sensible.
21
Qr?' Is' 2,1-1O
Christian
From: John Pipan ,]ohn@zendokem.com` �1� � .{� — - �[� �k[T �
Sent Monday, December 16, 2019 122 PM
To: Kay, Christian � |
Cc Darrow,Jeff;Jackson, K4aija; Kato Nonen; Zendo Kern; Wm [hiodo
Subject: RE:URGENT: �
— � �
Attachments: 638964-66aerial photojpg
Aloha Christian,
| collected your questions regarding the K'bzdge rezone below and responses follow in italics. `
°
is there any reason you are asking for CV-10 instead of CV-20(similar to the RS-20 in the current zoning?). | �
| �
[V-1Dzoning brequested osit isconsistent with the neighboring parcels 10the west ofthesub/ec�prope�y �
` | �
including the main Kilauea Lodge parcel. Alternative zonings were considered in section D of the report however, )
CV-20 was not evaluated as it was not consistent with the existing adjacent CV zoned properties. | �
/
w
In several places, the application indicates that the property was mostly cleared and used previously. What were
those previous uses?Also, based on aerial photos and confirmed during the site visit, only small portion of the | i
lot is cleared and appears to be used for parking, but the rest if heavily vegetated. Will you please clarify the | i
� {
preceding for the record? |
Based onaerial photoafrom296f (see attached) the site appears mostly cleared,presumo6/yfovgrazing. Also | \
visible/nthe historic aerial photo, the subject property is bordered by non-native trees(appear to be cypress or /
sug/pine)planted near property lines. The 'heavily vegetated"current state ofthe parcel bsecondary growth |
and not intact native forest. No information is readily available on any other post uses of the land aside from the
more recent use osemployee parking for the Lodge. |
|
/ f
° The application is a bit nebulous about what the three proposed cottages are.There is no definition for cottage | �
in our Zoning Code,therefore it is not a permitted use in the CV zone. Will these cottages be single-family �
dwellings (with full kitchens, etc.) to be rented as STVR units or do you anticipate them being lodge units
accessory to the existing Kilauea Lodge operation (in the zoning questionnaire,you indicate that the three rental ^
cottages are intended to complement the existing lodge on the adjacent property)? �
The three cottages ore intended tobelodge units, accessory to the existing prep
'
'' � ' ' - | |
areas are planned/nthe new cottages.
• Can you provide usclarity on the relationship between the proposed use and the existing Kilauea Lodge use?
Does the applicant see this as an expansion of the lodge?Will it be operated and managed by the lodge or will it
have a standalone management entity? Has there been any thought given to consolidating the subject parcel �
with the existing lodge parcel (I think we spoke about this early on and you indicated probably not)? �
Yes, this isbasically on expansion of the Kilauea Lodge. It will beoperated and managed by the Kilauea Lodge. �
Future plans Joinclude possible consolidation ufthe two parcels.
�
| hope these responses assist in processing this request. �
^
Best,
Planning ����t" / 129981 2 9K� 8 1 |
Dept.
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Kay, Christian ^,:1n_r,rn
From: John Pipan <john@zendokern.com>
Sent: Friday, December 20, 2019 2:22 PM i
To: Kay, Christian
Cc: Darrow, Jeff,Jackson, Maija; Kato, Norren;Zendo Kern; Kim Chiodo
Subject: RE: URGENT: RTA Kilauea Lodge REZ Questions
Aloha Christian,
i
Though there is not adequate time to provide a thorough and quantitative discussion of cumulative traffic impacts by
the end of the week, I will provide some reasoning for our best estimates.
1
For the proposed three new cottages, since most guests use the lodge as a base for exploration of the Hawaii Volcanoes
National Park,we expect no more than 2 to 3 round trips per lodge unit per day.At full occupancy that is 9 round trips.
Timing of trips is mainly diurnal, but not focused on work and school hours as residential uses are.
For the proposed new retail store we anticipate approximately 20 to 40 outside visitors per day.Timing of trips is
expected to be fairly evenly distributed during hours of operation (likely 7AM—5PM)with peaks near meal times.
The existing Kilauea Lodge has 15 rental units,one of which is a 2 bedroom unit.Applying the same 2 to 3 round trips
per unit per day, full occupancy gives 30 to 45 round trips per day for the existing lodge.Timing of trips is mainly diurnal,
but not focused on work and school hours as residential uses are.
The existing restaurant is open seven days a week from 7:30 AM to 9 PM,serving breakfast, lunch and dinner.The
restaurant has approximately 10 to 13 tables depending on the size of parties. If we assume that dining parties travel
together, and on a busy day they may seat each table twice for each meal,that gives 69 round trips per day for the
restaurant.Timing of trips is strongly correlated to meal times especially for lunch and dinner.
In summary:
Existing uses at Kilauea lodge generate approximately 100 to 115 trips per day at maximum occupancy and peak
restaurant business.
Proposed uses at the lodge expansion are likely to generate 30 to 50 trips per day at maximum occupancy.
For worst case peak hour estimates I would assume (a very unlikely scenario to occur) everyone leaving from the lodge
to dine elsewhere while the restaurant filled to capacity, and at the same time and the retail store saw half of their
average daily visitors.That would give (3+15+13+15=46 trips/hour).
As these are estimates based on busy periods and a worst-case traffic scenario, normal peak trips are expected to be
somewhat less. Further the nature of the lodge, combining lodging, dining and proposed retail, encourages guests to
stay at the lodge for meals and convenience items, lessening the traffic impact on nearby roads.
Best,
John Pipan
Land Use Administrator
Zendo Kern Planning Consultant LLC
Ph: 808-333-3393
1
Planning Dept. 129984
Exhibit
/
|
`
/
From: Kay,Christian<Chrbtian.Kay@hawai|county.gov> �
Sent:Tuesday, December 17, ZO19l3GP&4 /
To:John Pipan"john@zendokern.com> !
Cc: Darrow,Jeff~deff Darroxv@hawaiicounty.gov>;Jackson, Maija<KAaijaJachson@hawaiicounty.gov>; Kato, Norren '
<Norren.Kato@phmwoiicounty.gov>; ZendoKern <zendo@zendnkern.com>; Kim Chiodo<kim@zendokernznm>
Subject: RE: URGENT: RTA Kilauea Lodge REZQuestions �
�
Aloha John, |
Thanks for the clarity you provided onthe questions below.4shisnow clear that the cottages are going tobeaccessory
lodge units,we will likely recommend a condition requiring consolidation of the subject property with the adjacent
lodge property prior tooccupancy pfthose cottage units.
There is very little discussion of expected traffic to the subject parcel for the retail store/cottage use outside of an
anticipated 30 to 50 visitors to the property per/day.Will you please provide some discussion on the anticipated
number of vehicle trips to the property and how many of them are expected to be peak hour trips?
Additionally, as the intent of the proposed rezone is to expand the existing Kilauea Lodge operation,we need to better
understand the cumulative traffic impact(both existing and anticipated traffic).To this end, please provide some
discussion about the existing traffic to the Kilauea Lodge facility(for both lodge and restaurant uses),as well as current
peak hour vehicle trips to and from the property.This information will help form the basis for future traffic study |
requirements.
Please provide this information ASAP as we are trying to finalize the Background and Recommendation reports this
week.
Please let meknow ifyou have any questions.
Maha(o'
Christian
Christian Kay, Planner
County ofHamai'iPlanning Department
4upuniCenter, 101PauahiStreet, Suite No, 3
Hilo, Hawaii 9672O �
Phone: (8O8) 95l-8136 �
Fax: (8O8)95l-8742
Email:
From:John Pipan
Sant: Monday, December 1i2O291:22PM
To: Kay, Christian
Cc: Darrow,Jeff ]ackson, K4aija Kato Nnrren
ZenduKern ; Kim[hiodo
Subject: RE: URGENT: RTA Kilauea Lodge REZQuestions
Aloha Christian,
I collected your questions regarding the K-Lodge rezone below and responses follow in italics.
DEPARTMENT OF PUBLIC WORKS
�7
COUNTY OF HAWAII
HILO, HAWAII
DATE: November 14, 2019
TO: Michael Yee, Planning Director
FROM: ' Department of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 19-000239)
Request: RS-20 TO CV-10
Applicant: RTA Kilauea Lodge, LLC
{
TMK: 1-9-004:004
We have reviewed the subject application forwarded by your memo dated October 28,
2019 and offer the following comments for your consideration:
1. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control, of the Hawaii County Code.
2. All driveway connections and construction within the Old Volcano Road Right-of-
Way shall conform to Chapter 22, County Streets, of the Hawaii County Code.
Access to Old Volcano Road, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works, Engineering
Division.
3. Based on the proposed zoning, we recommend the applicant provide
improvements to the subject property's Old Volcano Road frontage consisting of,
but not limited to, pavement widening with concrete curb, gutter, and sidewalk,
drainage improvements, and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act and the approval of the
Department of Public Works.
4. Install streetlights and traffic control devices as may be required by the Traffic
Division, Department of Public Works. The applicant shall be responsible for the
design, purchase, and installation of such devices.
5. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage study shall be prepared by a licensed
civil engineer and submitted to the Department of Public Works prior to the
Planning Dept.
Exhibit 3
County of Hawaii is an Equal Opportunity Provider and Employer 129327
-------------------------------- -----------
of WAT8,R.,
q
DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII
345 KEKUANAb'A STREET, SUITE 20 - HILO, HAWAII 96720
TELEPHONE(808)961-8050 - FAX(808)961-8657
November 8,2019
IN3
TO: Mr, Michael Yee,Director
Planning Department == --S
FROM: Keith K. Okamoto,Manager—Chief Engineer N3
SUBJECT: Change of Zone Application (REZ 19-000239)
Applicant—RTA Kilauea Lodge,LLC
Request—RS-20 to CV-10
Tax Map Key 1-9-004:004
We have reviewed the subject application and have the following comments and conditions,
Please be informed that the subject property is not within the service limits of the Department's
existing water system facilities.
Therefore, the Department's existing water system facilities cannot support the proposed change of
zone at this time. Extensive improvements and additions,which may include,but not be limited to
source, storage, booster pumps,transmission, and distribution facilities,would be required.
Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
Keith K. Okamoto,P.E.
Manager—Chief Engineer
TS:dfg
copy--RTA Kilauea Lodge, LLC
129271
Planning Dept. — Water, Our Wost ftecious Wfsource. . . K# Waig 9�ne. . .
L The Department of Water Supply is an Equal Opportunity provider and employer.
Exhibit�A
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to the construction of any proposed structures on the property.
6. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate
Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is
an area determined to be outside the 500-year floodplain.
Questions may be referred to Bryce Harada at 961-8042.
County of Hawaii is an Equal Opportunity Provider and Employer
DAVID Y.Y.iGE .% yNa h BRUCE S.ANDERSON PhD.
s .....,, <., DIRECTOR OF HEALTH
GOVERNOR OF HAWAII �,�` �9sa,'��.,9,x
F.
{
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.Box 916
HILO,HAWAII 96721-1916
-v
MEMORANDUM
v
DATE: November 22, 2019
70
TO: Mr. Michael Yee -
Planning Director, County of Hawaii
FROM: Eric Honda
District Enviro mental. Health Program Chief
SUBJECT: Change of Zone Application (REZ-19-000239)
Applicant: RTA Kilauea Lodge, LLC;
Request: RS-20 to CV-1.0
TMK: 1-9-004:004
The applicant would need to meet the requirements of our Department of Health Air Pollution.
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff"at Ph. 933-0401.
Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on
drinking water quality is based on the definition of a"public water system." Federal and state
regulations define a public water system as a system that serves 25 or more individuals at least
60 days per year or has at least 15 service connections. All public water system owners and
operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR I I-
20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated
by the Department of Health and shall be in compliance with the Hawaii Administrative Rules,
Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water
System,
Concerns on water quality for lead, copper, algae and microbiological and chemical
contaminations in private water systems have identified the need for self monitoring. The
Department of Health does not support the use of these private rain catchment systems for
drinking purposes since the quality may not meet potable water standards.
All new public water systems are required to demonstrate and meet minimum capacity
requirements prior to their establishment, per HAR. 11-20-29.5,titled"Capacity Demonstration
and Evaluation." This requirement involves demonstration that the system will have satisfactory
technical,managerial and financial capacity to enable the system to comply with safe drinking
water standards and requirements.
Planning Dept. 129547
Exhibit -.5_._.....
Michael Yee
November 22, 20 J 9
Page 2 of 6
Projects that propose development of new sources of potable water serving or proposed to serve
a public water system must comply with the terms of HAR H-20-29. This section requires that
all new public water system sources be approved by the Director of Health (Director)prior to its
use. Such approval is based primarily upon the submission of a satisfactory engineering report
which addresses the requirements specified in HAR 11-20-29.
The engineering report must identify all potential sources of contamination and evaluate
alternative control measures which could be implemented to reduce or eliminate the potential for
contamination, including treatment of the water source, In addition, water quality analyses for
all regulated contaminants, performed by a laboratory certified by the State Laboratories
Division of the State of Hawaii, must be submitted as part of the report to demonstrate
compliance with all drinking water standards. Additional parameters may be required by the
Director for this submittal or additional tests required upon his or her review of the information
submitted.
All sources of public water system sources Must undergo a source water assessment which will
delineate a source water protection area. This process is preliminary to the creation of a source
water protection plan for that source and activities which will take place to protect the source of
drinking water.
Projects proposing to develop new public water systems or proposing substantial modifications
to existing public water systems must receive construction plans approval by the Director prior to
construction of the proposed system or modification in accordance with HAR 11-20-30, titled
"New and Modified Public Water Systems". These projects include treatment, storage and
distribution systems of public water systems. The approval authority for projects owned and
operated by a County Board or Department of Water or Water Supply has been delegated to
them.
All public water systems must be operated by certified distribution system and water treatment
plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public
Water System Operators".
All projects which propose the use of dual water systems or the use of a non-potable water
system in proximity to an existing potable water sy'stem,to meet irrigation or other needs must be
carefully design and operate these systems to prevent the cross-connection of these systems and
prevent the possibility of backflow of water from the non-potable system to the potable system.
The two (2)systems must be clearly labeled and physically separated by air gaps or reduced
pressure principle backflow prevention devices to avoid contaminating the potable water supply.
In addition backflow devices must be tested periodically to assure their proper operation.
Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs
to prevent the inadvertent consumption on non-potable water. Compliance
�ompliance with HAR Chapter
11-21, titled Cross-Connection and Backflow Control is also required.
All projects which propose the establishment of a potentially contaminating activity (as
identified in the Hawaii Source Water Assessment Plan)within the source water protection area
of an existing source of water for a public water supply should address this potential and
activities that will be implemented to prevent or reduce the potential for contamination of the
drinking water source.
Michael Yee
November 22, 2019
Page 3 of 6
For further information concerning the application of capacity, new source approval, operator
certification, source water assessment, backflow/cross-connection prevention or other public
water system programs, please contact the SDWB at 586-4258.
The Department of Health(DOH), Clean Water Branch(CWB), acknowledges receipt of the
subject document on October 29, 2019. The CWB has reviewed the limited information
contained in the subject document and offers the following comments.
Permit Issuance
Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
A Section 401 Water quality Certification (WQC) is required if your
project/activity:
- Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
- May result in a discharge into State waters. The term "discharge" is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: bttr)s://elia-cloud.doh.liawai��ov/et)et-iiiit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. FIAR, Chapter 11-54 is available on
the CWB website at: littp:Hhealth.hawaii.
go /cwb/
y�_
Michael Yee
November 22, 2019
Page 4 of 6
* National Pollutant Discharge Elimination. System (NPDES) permit coverage is
required for:
-Storm water associated with construction activities for land disturbances of
one (1) acre or more. band disturbance includes, but is not limited to,
clearing, grading, grubbing,excavation.,demolition, uprooting of vegetation,
equipment staging, and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through
(ix) and(xi).
-Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
-Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permit must be submitted at least 1.80
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
lett):;Jelza-cloud.doli.hawaii.yov/epermit/.
A Notice of Intent(NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e-Permitting Portal website located at:
lits s:/�-cloLt .doh.liawaii.gov/e ermit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 1.1-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55,Appendices B through.M are available on the C WB
website at: lits ://health.hawaii. xov/cw•b%.
p According to State law, all discharges related to the project construction or
operation activities,whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
Michael Yee
November 22, 2019
Page 5 of 6
+ Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 4011 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
+ Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
+ Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
+ Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: wwNv.hawai:i.gg� doitedrunoffcvntrc�l.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. "Flhe contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with snufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at 933-
0917.
We recommend that you review all of the Standard Comments on our website:
hitp:://h,waii..�-,ov_/health/enviroiamental/env-plaiirliiig/la.nciuse/lIandtise.11tinl. Any comments
specifically applicable to this project should be adhered to.
'rhe same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group(BEWG)of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
Michael Yee
November 22. 2019
Page 6 of 6
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
SUZANNE U.case
DAVID Y.(GE CHAIRPERSON
GOVERNOR OF HAINAR �c, � BOARD O1 LAND AND N TV12,11.RESOURCES
COMMISSION O1 W V I'ER RESOURCE
MANAGEMEN
z arotrA(
V
sTATE (.)F RANVAif
DEPARTINIENT OF LAND AND NATURAL RESOURCES
LAND DIVtS[ON
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
October 30, 2019 '
z .�M
MEMORANDUM
j.-r O: DLNR Agencies:
_Div, of Aquatic Resources
—Div. of Boating & Ocean Recreation
X Engineering Division
X Div. of Forestry&Wildlife
Div. of State Parks j
X Commission on Water Resource Management
_Office of Conservation & Coastal Lands
X Land Division—Hawaii District
e X Historic Preservation
PR6-m Russell Y. Tsuji, Land Administrator
SUBJECT: Change of Zone Application (REZ 19-000239)— Request to ReZone from
RS-20 to CV-10
LOCATION: Volcano, Puna, Island of Hawaii; TMK: (3) 1-9-004:004
APPLICANT: County of Hawaii on behalf of RTA Kilauea Lodge, LLC
Transmitted for your review and comment is information on the above-referenced
subject matter. Please submit comments by November 22, 2019,
i
If no response is received by this date, we will assume your agency has no comments,
If you have any questions about this request, please contact Darlene Nakamura at 587-0417 or
by email at dariene.k.nakamura(a)hawaii.gov. Thank you.
i
( } We have no objections.
i
( ) We have no comments.
( V ) Comments ar attached.
Signed: t
Print Name: a4 S. ng, Chief Engineer
Date:
Attachments
cc: Central Files
Planning Depi,
Exhibit__!?
DEPARTMENT 171+ LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: Change of Zone Application (REZ 19-000239) - lZecitiest to ReZone from
RS-20 to CV-l0
Location: Volcano, Puna, Island of Hawaii
TMK(s): (3) 1-9-004:004
Applicant: County of Hawaii on behalf of R,rA Kilauea Lodge, LLC
COMMENTS
The rules and regulations of the National Flood Insurance Program(NFIP), Fitle 44 of
the Code of Federal Regulations (44CFR), are in effect when development falls within a
Special Flood Hazard Area (high risk areas). State projects are required to comply with
44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the
minimum standards as set forth by the NFIP. Local community flood ordinances may
stipulate higher standards that can be more restrictive and would take precedence over the
minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated
on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood
Hazard Assessment Tool (FHAT) (http:Hgis,hawaiinfip,org/FHAT).
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
o Q
1q: City and County of Honolulu, Department of Planning and Permitting
(808) 768-8098,
a Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253.
• Kauai: County of Kauai, Department of Public Works (808) 241-4896.
Signed:
CART Cl-AN CHIEF ENGINEER
Date:
{@�eNT Or�� zsu aw nu•F
apQ' F ssKWCE
:-� United States Department of the Interior
GH�a,g FISH AND WILDLIFE SERVICE ` *
Pacific Islands Fish and Wildlife Office
300 Ala Moana Boulevard, Room 3-122
Honolulu, Hawaii 96850
In Reply Refer To:
01EPIF00-2020-TA-0050 November 8,2019
Mr. Michael Yee
Planning Director
County of Hawaii
74-5044 Ane Keohokalole Highway
Kailua-Kona, Hawaii 96740
Subject: Technical Assistance for the Change of Zone Application for RTA Lodge LLC in
the Construction of Retail Store and Cottages in Volcano, Island and County of
Hawaii
Dear Mr Yee:
The U.S. Fish and Wildlife Service (Service) received your correspondence on October 30, 2019,
requesting technical assistance for the change of zone application for RTA Kilauea Lodge LLC
construction project located in Volcano (TMK: (3) 1-9-004: 004). The Service offers the
following comments to assist you in your planning process so that impacts to trust resources can
be avoided through site preparation, construction, and operation. Our comments are provided
under the authorities of the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531
et seq.).
Project description
The project site consists of 1.176 acres and is vacant of structures. RTA Kilauea Lodge wishes to
construct a retail store and three cottages for vacation rental use. The proposed retail building
will be accessed from the Old Volcano Road via a paved loop driveway. The cottages are
planned to be located on the northwest corner of the parcel opposite of Old Volcano Road
frontage and will be accessed by a 20 foot wide gravel driveway connecting to the paved loop
driveway that will also service the retail building. Twenty-six parking stalls,two ofwhich will.
be ADA compliant, plus one bus parking area, are planned to be included in the construction.
Based on information you provided in the Use Permit Application and pertinent information in
our files, including data compiled by the Hawaii Biodiversity and Mapping Project, there are
four listed animal species in the immediate vicinity of the project area: The federally endangered
Hawaiian hoary bat (Lasiurus cinereas semotus), Hawaiian hawk(Buten solitarius), Hawaiian
goose (Branta (=Nesochen) sandvicensis), and the Iiwi (Vestiaria coccinea). Additionally, the
Planning Depi.
Exhibit--l-_
Mr. Michael Yee 2
endangered Hawaiian petrel(Pterodroma sandwichensis), band-romped storm-petrel
(Oceanodronia castro), and the threatened Newell's shearwater (Pu Pinus auricillaris nelvelli)
may transit the project area flying to upland breeding colonies.
The Service recommends the following measures to avoid and minimize project impacts to the
following listed species:
Hawaiian hoary bat
The Hawaiian hoary bat roosts in both exotic and native woody vegetation across all islands and
will leave young unattended in trees and shrubs when they forage. If trees or shrubs 15 feet or
taller are cleared during the pupping season, there is a risk that young bats could inadvertently be
harmed or killed since they are too young to fly or may not move away. Additionally, Hawaiian
hoary bats forage for insects from as low as 3 feet to higher than 500 feet above the ground and
can become entangled in barbed wire used for fencing.
To avoid and minimize impacts to the endangered Hawaiian hoary bat we recommend you
incorporate the following applicable measures into your project description:
• Do not disturb, remove, or trim woody plants greater than 15 feet tall during the bat
birthing and pup rearing season (June I through September 15).
• Do not use barbed wire for fencing
Hawaiian hawk
The Hawaiian hawk is known to occur across a broad range of forest habitats throughout the
Island of Hawaii. Loud, irregular and unpredictable activities, such as using heavy equipment or
building a structure, near an endangered Hawaiian hawk nest may cause nest failure, Harassment
of Hawaiian hawk nesting sites can alter feeding and breeding patterns or result in nest or chick
abandonment. Nest disturbance can also increase exposure of chicks and juveniles to inclement
weather or predators.
To avoid and minimize impacts to Hawaiian hawks we recommend you incorporate the
following applicable measures into your project description:
• If work must be conducted during the March I through September 30 Hawaiian hawk
breeding season, have a biologist familiar with the species conduct a nest search of the
project footprint and surrounding areas immediately prior to the start of construction
activities.
o Pre-disturbance surveys for Hawaiian hawks are only valid for 14 days. If
disturbance for the specific location does not occur within 14 days of the survey,
conduct another survey.
• No clearing of vegetation or construction activities should occur within 1,600 feet of any
active Hawaiian hawk nest during the breeding season until the young have fledged.
• Regardless of the time of year, no trimming or cutting trees containing a hawk nest, as
nests may be re-used during consecutive breeding seasons.
Mr. Michael Yee 3
Hawaiian petrel, Newell's shearwater, and band-rumped storm petrel
Hawaiian seabirds may traverse the project area at night during the breeding, nesting and
fledging seasons (March I to December 15). Outdoor lighting Could result in seabird
disorientation, fallout, and injury or mortality. Seabirds are attracted to lights and after circling
the lights they may become exhausted and collide with nearby wires, buildings, or other
structures or they may land on the ground. Downed seabirds are Subject to increased mortality
due to collision with automobiles, starvation, and predation by dogs, cats, and other predators.
Young birds (fledglings) traversing the project area between September 15 and December 15, in
their first flights from their mountain nests to the sea, are particularly vulnerable.
To avoid and minimize potential project impacts to seabirds we recommend you incorporate the
following applicable measures into your project description:
• Fully shield all outdoor lights so the bulb can only be seen from below bulb height and
only use when necessary.
• Install automatic motion sensor switches and controls on all outdoor lights or turn off
lights when human activity is not occurring in the lighted area.
• Avoid nighttime construction during the seabird fledging period, September 15 through
December 15.
Hawaiian goose
I lawaiian geese (Nene) are found on the islands of Hawaii, Maui, Molokai, and Kauai. They are
observed in a variety of habitats, but prefer open areas, such as pastures, golf courses, wetlands,
natural grasslands and shrublands, and lava flows. Threats to the species include introduced
mammalian and avian predators, wind facilities, and vehicle strikes.
To avoid and minimize potential project impacts to Nene we recommend incorporating the
following applicable measures into your project description:
• Do not approach, feed, or disturb Nene.
• If Nene are observed loafing or foraging within the project area during the Nene breeding
season (September through April), have a biologist familiar with the nesting behavior of
Nene survey for nests in and around the project area prior to the resumption of any work.
Repeat surveys after any subsequent delay of work of three or more days (during which
the birds may attempt to nest).
o Cease all work immediately and contact the Service for further guidance if a
nest is discovered within a radius of 150 feet of proposed work, or a
previously undiscovered nest is found within said radius after work begins.
• In areas where Nene are known to be present, post and implement reduced speed limits,
and inform project personnel and contractors about the presence of endangered species
on-site.
liwi
Hawaiian forest birds' current ranges are predominately restricted to montane forests (above
3,500 feet in elevation) due to habitat loss and threats at lower elevations. Hawaiian forest bird
habitat has been lost due to development, agriculture, grazing, wildfire, and spread of invasive
Mr. Michael Yee 4
habitat-altering species. Forest birds are also affected by mosquito-borne diseases. Mosquitoes
are not native to Hawaii: their occurrence increases in areas where ungulate presence results in
small pools of standing water. Actions Such as road construction and development increase
human access and result in increased wildfire and invasive species threats. Grazing results in
reductions in woody vegetation and increased grass cover., which reduces forest habitat quality
and results in increased wildfire risk on the landscape.
Avoid conducting activities within forest bird habitat that:
• Promote the spread or survival of invasive species.
• Increase mosquito populations or stagnant water habitat.
• Increase wildfire threat to montane forest habitats.
• Remove tree cover during the peak breeding season between January I and June
30.
Biosecurity and Invasive Species
Please see the attached Biosecurity Protocols to prevent the introduction and spread of harmful
invasive species on the island of Hawaii.
Thank you for participating with us in the protection of our endangered species. If you have any
further questions or concerns regarding this consultation, please contact Eldridge Naboa, Fish
and Wildlife Biologist, 808-284-0037, e-mail: eldridge�_naboa@ftvs.gov. When referring to this
project, please include this reference number: 01EPIF00-2020-TA-0050.
Sincerely,
Igned by
MICHELLE MDilitallyICHELLE BOGARDUS
Date:2019.1108
BOGARDUS 17:57:39-10 0'0'
Michelle Bogardus
Island Team Manager
Maui Nui and Hawaii Island
Mr. Michael Yee 5
BIOSECURTY PROTOCOL—HAWAII ISLAND (JULY 2018)
The following biosecurity protocol (based on National Park Service, State of Hawaii, U.S. Fish
and Wildlife, U.S. Geological Survey, and the DOI Office of Native Hawaiian Relations
guidance) should be followed when operating on Hawaii Island to prevent the introduction of
harmful invasive species including frogs, ants,weeds, and ftingi into local natural areas (e.g.,
Hawaii Volcanoes National Park, Hakalau Forest National Wildlife Refuge, State of Hawaii
"Natural Areas") and areas with native habitat (habitat that is primarily composed of native
vegetation), other islands in Hawaiian archipelago, or the U.S. mainland. The protocol also
includes suggestions for keeping field staffsafe from certain invasive species.
1. All work vehicles, machinery, and equipment should be cleaned, inspected by its user,
and found free of mud, dirt, debris and invasive species prior to entry into the natural
areas or native habitat.
a. Vehicles, machinery, and equipment must be thoroughly pressure washed in a designated
cleaning area and visibly free of mud, dirt, plant debris, insects, frogs (including frog eggs) and
other vertebrate species such as rats, mice and non-vegetative debris. A hot water wash is
preferred. Areas of particular concern include bumpers, grills, hood compartments, areas under
the battery, wheel wells, undercarriage, cabs, and truck beds (truck beds with accumulated
material (intentionally placed or fallen from trees) are prime sites for hitchhikers).
b. The interior and exterior of vehicles, machinery, and equipment must be free of rubbish and
food. The interiors of vehicles and the cabs of machinery must be vacuumed clean. Floor mats
shall be sanitized with a solution of>70% isopropyl alcohol or a freshly mixed 10% bleach
solution.
c. Any machinery, vehicles, equipment, or other supplies found to be infested with ants (or other
invasive species) must not enter natural areas or native habitat. Treatment is the responsibility of
the equipment or vehicle owner and operator.
2. Little Fire Ants—All work vehicles, machinery, and equipment should be inspected for
invasive ants prior to entering the natural areas or native habitat.
a. A Visual inspection for little fire ants should be conducted prior to entry into natural areas or
native habitat.
b. Hygiene is paramount but even the cleanest vehicle can pick up a little fire ant. Place
MaxForce Complete Brand Granular Insect Bait(1.0% Hydramethylnon;
http://Iittlefireants.com/Maxforce%2OComplete�.pdfl into refillable tamper resistant bait stations.
An example of a commercially available refillable tamper resistant bait station is the Ant Cafe
Pro (https://www.antcafe.coiiV). Place a bait station (or stations) in vehicle. Note larger
vehicles, such as trucks, may require multiple stations. Monitor bait stations frequently (every
week at a minimum) and replace bait as needed. If the station does not have a sticker to identify
the contents, apply a sticker listing contents to the station.
c. Any machinery, vehicles, equipment, or other supplies found to be infested with ants(or other
invasive species) must not enter natural areas or native habitat until it is sanitized and re-tested
following a resting period. Infested vehicles must be sanitized following recommendations by
Mr. Michael Yee 6
the Hawaii Ant Lab "'-fit"t"-Ic-I-ff,,�i ni's.-i-o ii i;) or other ant control expert and in accordance
with all State and Federal taws. Treatment is the responsibility of the equipment or vehicle
owner.
d. Gravel, building materials, or other equipment such as portable buildings should be baited
using MaxForce Complete Brand Granular Insect Bait (1.0%Hydramethylnon;
0(. or AmdroPro (0.73% Hydramethylnon;
http://littlefireants.com/Anidro%2OPro.pdo following label guidance.
e. Storage areas that hold field tools, especially tents,tarps, and clothing should be baited using
Max.Force Complete Brand Granular Insect Bait (1.0% Hydramethylnon;
littp://Iittlefweants.con-L/Maxforce%2OCoMplete.pdo or AmdroPro (0.73% Hydramethylnon;
http://Iittlefireants.com/Amdro�/`2OPro.pdf) following label guidance.
3. Base yards and staging areas inside and outside areas must be kept free of invasive
species.
a. Base yards and staging areas should be inspected at least weekly for invasive species and any
found invasive removed immediately. Pay particular attention to where vehicles areparked
overnight, keeping areas within I0-meters of vehicles free ordebris. Parking on pavement and
not tinder trees, while not always practical is best.
b. Project vehicles or
equipment stored outside of a base yard or staging area, such as a private
1p
residence, should be kept in a pest free area.
4. All cutting tools must be sanitized to prevent the Rapid Ohia Death (ROD) fungus.
a. Avoid wounding ohia trees and roots with mowers, chainsaws, weed eaters, and other tools.
Cut only the minimum amount of trees and branches as approved for the project.
b. All cutting tools, including machetes, chainsaws, and toppers must be sanitized to remove
visible dirt and other contaminants prior to entry into natural areas or areas with native habitat,
and when moving to a new project area within the native habitat area. Tools may be sanitized
using a solution of>70% isopropyl alcohol or a freshly mixed 10% bleach solution. One minute
after sanitizing, you may apply an oil based lubricant to chainsaw chains or other metallic parts
to prevent Corrosion.
c. Only dedicated tools and chainsaws should be used to sample known or suspected ROD
infected trees.
d. Vehicles, machinery, and equipment must be cleaned as described in (1) above.
5. Imported firewood, logs, and ohia parts:
a. Ohia firewood,ohia logs, and ohia parts should not be transported.
6. For individuals working in the field:
a. Before going into the field, visually inspect and clean your clothes, boots, pack, radio
harness, tools and other personal gear and equipment, for seeds, soil, plant parts, insects, and
other debris. A small brush is handy for cleaning boots, equipment and gear. Soles of shoes
Mr. Michael Yee 7
should be sanitized using a solution of>70% isopropyl alcohol or a freshly mixed 10% bleach
Solution.
b. Immediately before leaving the field, visually inspect and clean your clothes, boots, pack,
radio harness, tools, and other personnel gear and equipment, for seeds, soil. plant parts, insects,
and other debris. Soles of shoes Should be sanitized using a solution of>70% isopropyl alcohol
or a freshly mixed 10% bleach Solution.
c. Little fire ants nest in trees. If you are under a tree and that tree is bumped or somehow
stressed, the threat response of the ants is to fall from the leaves and sting the person Linder the
tree. If you are Subject to an ant attack, do not panic. The ants are extremely small but their
stings are painfid so make sure you remove all ants from your body and clothing. The stings
cause inch long welts that are itchy and painful, and can last for weeks. Treat stings as you
would other insect stings. In some persons stings can produce life threatening reactions.
Stocking antihistamine in the first aid kit is a reasonable precaution.
d. Rat Lungworm disease is caused by a parasite that can infect humans who consume raw or
undercooked infected snails or slugs or consume raw produce that contains a small infected snail
or slug. Infection is rare but can be serious. Symptoms can include severe headache, neck
stiffness, low grade fever, nausea, and vomiting anywhere from 1-6 weeks after exposure. The
disease is not spread person to person. Anyone who handles snails or slugs should wear gloves
and/or wash hands. Eating unwashed produce is discouraged.
ID
Volcano Community Association
PO .Box 600, '?olcano, 111 96785 wAvw.,,,alcanc)cornn-urxit.y.c)rg • vcainfo(sz)yakoo.coni.
e VOLCANO
Keiko Mercado
Long Range Planner
(808) 961-8134
County of Hawaii Planning Department 11/25/19
101 Pauahi St., Suite 3
Hilo, HI 96720
Aloha, Keiko
Thank you for including the Volcano Community Association (VCA) in your request for
feedback on the Kilauea Lodge's zoning change permit proposal and building plans.
The board of the VCA feels that the proposal from the Kilauea Lodge is consistent with the
Draft Volcano Long Range Plan. Old Volcano Road is in the proposed business district in the
draft plan and the proposed buildings are consistent with the existing facilities.
Our concern is that as many on-site 'ohi'a trees and other native trees and plants be retained
as possible, and that all efforts are made during the construction to avoid introducing new
ROD to the native 'ohi'a trees. It has been shown that ROD introduction in the Volcano area
can occur when there is damage to 'ohi'a trees and their root systems caused by the use of
excavators, and heavy equipment.
Here's a link to a recent article on this in our newsletter: htti2s:/,(30d9d21d-0896-4bbb-9c76-
5b7b12dbd2a5.filesusr.com/ugd/59267b 4c9a2a7b3fd84b01825ede92efc59e52.pdf
Thank you again for considering our input. We're looking forward to working with you and
your colleagues at the Planning Department on our Draft Long Range Plan. The VCA Board
decided to make this work a focus in the coming year.
Mahalo,Vicki
President,Volcano Community Association
vcainfo@,yahoo.com
Planning Dept,
Exhibit<6
RTA KILAUEA LODGE LLC
CHANGE OF ZONE APPLICATION (REZ 19-000239)
REVISED SITE PLAN AND REVISED LANGUAGE FOR BACKGROUND AND
RECOMMENDATION REPORTS
The Planning Department inadvertently omitted the attached revised site plan submitted by the
applicant on September 5, 2019. Based on the revised site plan,the Director is recommending
amendments to the access language starting on page 5 of the Background Report and on page 4
Recommendation Report as follows (material to be deleted is bracketed and struck-through; new
material is underscored):
The subject parcel is currently accessed via a driveway on the eastern side of the subject
property from Old Volcano Road, a divided, two (2) lane, County owned and maintained
roadway with approximately 38 feet of pavement within an approximately 42-foot right-
of-way. Proposed access to the property includes a twenty(20)-foot wide asphalt
concrete [paved loop] driveway for access to retail structure and parking situated on the
northern end of the subject property. The applicant further proposes the cottages and
related parking [to] be accessed by a twenty(20)-foot wide gravel driveway connecting
to the paved [loop] driveway toward the southern side of the subject property. These
driveways will not impede the twelve(12) foot wide road easement along the southern
boundary of the subject property.
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OLD VOLCANO
RRTAKi1aeuaLodgeLLCREZ.crk.12.19.19
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
RTA KILAUEA LODGE LLC
CHANGE OF ZONE APPLICATION (REZ 19-0002391
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone from Single-Family Residential—20,000 square feet (RS-20) to Village Commercial—
20,000 square feet (CV-10) zoning district for 1.176 acres of land be forwarded to the
County Council. Since this recommendation is made without the benefit of public testimony,
the Director reserves the right to modify and/or alter this position based upon additional
information presented at the public hearing. This favorable recommendation is based on the
following findings:
The applicant is requesting to change the zoning district from Single-Family
Residential—20,000 square feet (RS-20) to Village Commercial— 10,000 square feet
(CG-10) zoning district for 1.176 acres of land in order to develop a new, 1,920-square
foot retail building along the Old Volcano Road frontage, construct three(3) cottages on
the north west comer of the property, and construct related improvements on the subject
parcel. While the application indicated that the cottages will be used as Short-Tenn
Vacation Rentals, further discussion with the applicant indicated that the proposed
cottages are to be used as lodge units, as an expansion of and accessory to the existing
Kilauea Lodge on the adjacent parcel the north; the proposed cottages will not have any
kitchen/food preparation areas. The applicant is proposing a 26-stall parking lot
(including two handicapped stalls) and a bus parking area to accommodate customer and
employee parking. This on-site parking and landscaping will be provided as required by
the Zoning Code.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an RS-20 to a CV-10 zoning district
conforms to applicable goals, policies and standards of the General Plan.
The Land Use Pattern Allocation Guide(LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The request to change the zoning to a CV-10
district conforms to the LUPAG Map, which designates the property and the surrounding
area as Medium Density Urban. Such designation allows village and neighborhood
commercial and single family and multiple family residential and related functions
(multiple family residential -up to 35 units per acre). In addition to being consistent with
the LUPAG Map, the request would also support the following goals and policies of the
General Plan Land Use and Economic elements:
■ Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
■ Provide for commercial developments that maximize convenience to its users.
■ Provide commercial developments that complement the overall pattern of
transportation and land usage within the island' s regions, communities, and
neighborhoods.
■ Commercial development shall maintain or improve the quality of the present
environment through the consideration of visual, access, landscaping, and other
design elements in their development.
■ Preference shall be given to commercial lands with a reasonably level topography.
■ Encourage the development of a visitor industry that is in harmony with the
social, physical, and economic goals of the residents of the County.
■ Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
-2-
■ Provide an economic environment which allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
In addition, the proposed change of zone is consistent with the Puna Community
Development Plan(PCDP), as the subject property is situated within the Volcano
Community Village Center located along Old Volcano Highway between Haunani Road
and Wright Road as designated by the PCDP. Finally, the Volcano Community
Association (VCA) indicated that the proposed change of zone is consistent with their
draft long range plan as the"Old Volcano Road is in the proposed business district in the
draft plan and the proposed buildings are consistent with the existing facilities."
Moreover, the VCA expressed a desire for the retention of as many 'Ohi'a trees and other
native trees and plants on site and the use of best management practices to avoid
introducing additional Rapid 'Ohi'a Death(ROD) during construction of the project.
The change of zone from-RS-20 to a CV-10 zoning district will not result in a
substantial adverse impact upon the surrounding area, community or region.
The property is rectangular in shape with approximately 156 feet of frontage along Old
Volcano Road and the topography is fairly level. There is an approximately three(3) foot
tall rock wall along the roadway frontage with a driveway on the eastern end of the
property. According to the applicant, based on aerial photos from the 1960s, the property
has been previously cleared and used for cattle grazing. While the majority of the
property is currently heavily vegetated, the applicant indicated that this is secondary
growth and not intact native forest. Furthermore, a portion of the parcel has been recently
cleared and used as employee parking for the adjacent Kilauea Lodge operation. Finally,
there is a twelve(12)-foot wide perpetual easement for a road right-of-way for use in
common situated along the entirety of the eastern property line that provides legal access
to the parcel to the east of the subject property. However, it appears that the current
driveway does not align with the access easement and the easement's intersection with
Old Volcano Road is blocked by a section of rock wall. A prohibition of blocking this
roadway easement will be added as a condition of approval.
-3-
There is a mixture of residential,village commercial and agricultural zoning and
uses in the area. The properties directly adjacent to the west and north west are similarly
zoned Village Commercial (CV-10) and consist of the existing Kilauea Lodge properties.
Properties adjacent to the north and east are zoned Single-Family Residential (RS-20) and
consist of residential dwellings; the property to the directly to the south (across Old
Volcano Road) is zoned agricultural (A-20a) and currently vacant. The subject property
is located approximately one(1) mile from the Volcano School of Arts and Sciences and
approximately 0.3 miles from the Cooper Center, and proximate to commercial areas, a
hardware store and post office.
In 1995, the County Council approved Ordinance No. 95-101 which similarly
rezoned 2.537 acres of land directly adjacent to the north of Kilauea Lodge property from
RS-20 to CV-10 in order to allow expansion the lodge operation. A condition of that
Ordinance approval required the applicant to consolidate the two properties together as
the proposed uses would be accessory to the existing lodge operation. The required
consolidation was subsequently granted in 1996. As the proposed retail store is intended
to be primarily accessory to the lodge use and the proposed new cottage units are
intended to be accessory to the same, a condition of approval will require consolidation
of the subject parcel with Kilauea Lodge Parcel (TMK(3) 1-9-004:055)prior to the
issuance of Final Plan Approval for any commercial use.
All essential utilities and services are available to the site. The subject parcel is
currently accessed via a driveway on the eastern side of the subject property from Old
Volcano Road, a divided, two (2) lane, County owned and maintained roadway with
approximately 38 feet of pavement within an approximately 42-foot right-of-way.
Proposed access to the property includes a twenty (20)-foot wide asphalt concrete paved
loop driveway for access to retail structure and parking. The applicant further proposes
the cottages to be accessed by a(20)-foot wide gravel driveway connecting to the paved
loop driveway. Standards for commercial zoning include requirements for paved
driveways and parking, therefore, the applicant will be required to pave all driveways for
the subject development.
Based on the proposed zoning, the Department of Public Works (DPW)
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recommends that the applicant provide improvements to the subject property's entire Old
Volcano Road frontage consisting of, but not limited to pavement widening with concrete
curb, gutter, and sidewalk, drainage improvements, and any required utility relocation,
meeting the requirements of the Americans with Disabilities Act and the approval of the
Department of Public Works. The driveway connections shall also conform to Chapter
22, County Streets, of the Hawaii County Code. Additionally, Access to Old Volcano
Road, including the provision of adequate sight distances, shall meet with the approval of
the Department of Public Works, Engineering Division. Finally, DPW recommends that
the applicant install streetlights and traffic control devices as may be required by the
Traffic Division, Department of Public Works. The applicant shall be responsible for the
design,purchase, and installation of such devices.
According to the applicant, the proposed retail store use is anticipated to generate
20 to 40 outside visitors per day. The timing of the associated vehicular trips is expected
to be fairly evenly distributed during hours of operation(likely 7:00 AM—5:00 PM) with
peaks near mealtimes. The applicant expects no more than two (2) to three (3)round trips
per lodge unit per day(totaling nor more than nine). The applicant indicates that while
the timing of the trips will likely occur during the day, they are not focused on work and
school hours like a residential use.
As the proposed change of zone is intended to allow the expansion of the existing
Kilauea Lodge operation, the Department requested estimates of the existing traffic
conditions to the Lodge and restaurant. According to the applicant, the existing Kilauea
Lodge operation has fifteen(15) rental units, one of which is a two (2) bedroom unit.
Each unit averages two (2) to three(3)round trips per day, which at full occupancy
would be the equivalent of 30 to 45 round trips per day for the existing lodge. The
existing lodge restaurant is open seven (7) days a week from 7:30 AM to 9:00 PM,
serving breakfast, lunch and dinner. The restaurant has approximately ten(10) to thirteen
(13) tables depending on the size of parties. Assuming that dining parties travel together,
and on a busy day they may seat each table twice for each meal, that gives 69 round trips
per day for the restaurant. Timing of trips is strongly correlated to mealtimes especially
for lunch and dinner. The applicant anticipates that at a maximum, all existing and
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proposed uses of the Kilauea Lodge operation would generate approximately 46 trips per
hour at full capacity. As a change of zone can allow an applicant to develop any
permitted use in the CV zoning district, a condition of approval will require the applicant
to submit a Traffic Impact Analysis Report (TIAR) should they develop a land use that
generates over fifty(50) peak hour trips.
The project site has no severe geological or topographical problems which cannot
be properly rectified, or which would render the land unusable. The property is located in
flood zone"X" which is an area determined by FEMA to be outside the 500-year flood
plain.
According to the Department of Water Supply (DWS), the subject property is not
within the service limits of their existing water system facilities. Section 25-2-46 (n)
Hawaii County Code, related to concurrency states, "to facilitate the development of
village centers in rural areas that are not currently served by a public water system, the
council may waive the water supply requirements for rezonings for commercial or light
industrial uses in areas that do not currently have a public water system, and where the
department of water supply has no plans to build a public water system, and which are
(1) designated as an "urban or rural center"or "industrial are"on Table 14-5 of the
General Plan and(2) designated far urban use on the Land Use Pattern Allocation Guide
Map of the General Plan;provided that conditions of zoning shall require water supply
consistent with public health and safety needs such as sanitation and firefighting.
Volcano Village is listed as an Urban/Rural Center on Table 14-5 of the General
Plan; therefore, this section of the Zoning Code applies. The proposed project will
include a stand-alone, 20,000-gallon rainwater catchment tank for Fire Department use,
and a separate water holding tank for trucked in potable water. According to the
Department of Health's Safe Drinking Water Branch, authority on drinking water quality
is based on the definition of a"public water system." Federal and state regulations define
a public water system as a system that serves 25 or more individuals at least 60 days per
year or has at least 15 service connections. All public water system owners and operators
are required to comply with Hawaii Administrative Rules, Chapter 11- 20 (HAR 11-20),
and titled"Rules Relating to Public Water Systems."As the intent of this change of zone
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and subsequent development is to expand the existing Kilauea Lodge and the applicant
estimated 30 to 50 visitors a day to the property, a condition of approval will require the
applicant to develop a"Public Water System"meeting the requirements of DOH for
sanitation and potable water. Additionally, the applicant will be required to comply with
Fire Department requirements for fire suppression water availability.
There is no County sewer in the area so the applicant will be required to install an
individual wastewater system meeting with the requirements of the State Department of
Health. The preceding will be added as a condition of approval.
There are no municipal waste collection services in the County. According to the
application, solid waste will be handled by commercial haulers who will dispose of the
refuse at an approved County landfill site.
Electrical, telephone and internet services are available to the property. Police
services are available in Kea'au, fire services are available in Volcano and medical
services are available in Hilo.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The site is located approximately twelve (12)-miles from the
nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion.
There is no record of a designated public access that traverses the property. No valued
cultural, historical or natural resources exist on the property and there is no evidence of
any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it
is not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
In view of the Hawaii State Supreme Court's "DASH" and "Ka Pa'akai 0
Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama'aina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
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■ The valued cultural, historical, and natural resources found in the rezoning area:
No professional archaeological and cultural study was conducted of the property
as it has been previously cleared and used for agricultural/cattle grazing purposes.
A request for review has been submitted to the Department of Land and Natural
Resources - State Historic Preservation Division to determine if any historic
properties would be affected by the proposed change of zone. Additionally, while
no professional floral or faunal survey was conducted of the property, the
applicant indicates that the site and surrounding area are known habitats for
several native plants (including 'Ohi'a Lehua trees and Hapu'u ferns), birds and
invertebrates. Many native birds are present in the area including the 'Apapane,
`Amakihi, 'Piwi, 'Oma'o, 'Elepaio, and Hawaiian Hawk (Po). It would also be
possible, but not likely to find the Hawaiian Owl (Pueo), endangered Hawaiian
goose (Nene). In addition, introduced bird species (such as dove, Japanese
White-eye, house finch, myna) are common in this area. Domestic animals such
as cats and dogs, and other animals like rats and mongoose are also present. These
are all common and not endangered. According to the US Fish and Wildlife
Service (USFWS), there are four (4) listed animal species in the immediate
vicinity of the project area: The federally endangered Hawaiian hoary bat,
Hawaiian hawk, Hawaiian goose, and the 'I'iwi. Additionally, the endangered
Hawaiian petrel, band- rumped storm-petrel, and the threatened Newell's
Shearwater may transit the project area flying to upland breeding colonies.
USFWS provided guidance on measures to avoid and minimize project impacts to
the listed species. That guidance will be added as conditions of approval.
■ Possible adverse effect or impairment of valued resources: Native plants and/or
endangered species may be impacted by proposed ground alteration and
development. Conditions of approval will be added to mitigate these impacts.
■ Feasible actions to protect native Hawaiian rights: No known gathering is taking
place on the site. Thus, to the extent to which traditional and customary native
Hawaiian rights are exercised, the proposed action will not affect traditional
Hawaiian rights; therefore, no action is necessary to protect these rights.
-8-
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use, prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, the installation of approved wastewater disposal systems, compliance
with the Fire Code, installation of improvements required by the American with
Disabilities Act(ADA), among many others. Compliance with all applicable
governmental requirements is a condition of this approval; failure to comply with such
requirements will be considered a violation that may result in enforcement action by the
Planning Department and/or the affected agencies.
Based on the above findings, the request to rezone the property from a Single-
Family Residential - 10,000 square feet(RS-10) to Village Commercial - 10,000 square
feet(CV-10) zoned district would result in an appropriate land use pattern that would
further benefit the general public.
The accompanying draft bill to amend Section 25-8-23 (Volcano-Mt. View), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code (2016 Editions, As Amended), is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
It OF
COUNTY OF HAWAII STATE OF HAWAII
OF
BILL NO.
ORDINANCE NO. <'� Anvu
AN ORDINANCE AMENDING SECTION 25-8-23 (VOLCANO-MT. VIEW), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL—20,000 SQUARE FEET (RS-20)TO VILLAGE COMMERCIAL— 10,000
SQUARE FEET (CV-10) AT 'OLA'A SUMMER LOTS, 'OLA'A, PUNA, HAWAII,
COVERED BY TAX MAP KEY: 1-9-004:004.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-23, Article 8, Chapter 25 (Zoning) of the Hawaii. County
Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at '01a'a Summer Lots,
`01a'a, Hawaii, shall be Village Commercial— 10,000 square feet (CV-10):
Beginning at a point at the Southeast comer of this parcel of land and on the
Northwest side of the new Volcano Road, the coordinates of said point of beginning
referred to Government Survey Triangulation Station"KULANI" being 32,536.43 feet
South and 23,676.47 feet East, and running by azimuths measured clockwise from True
South:
1. 54' 05' 154.85 feet along the northwest side of the
new Volcano Road;
2. 149* 31' 339.66 feet along a portion of Lot 10, Block
"B", '01a'a Summer Lots;
3. 239' 31' 154.15 feet;
4-
4. 329' 31' 325.00 feet along a portion of Lot 12, Block
"B", '01a'a Summer Lots,to the
point of beginning and containing an
area of 51,229 square feet, or 1.1760
acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
-2-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii.
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
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RS-20 R5-20
RS-20 A-la
Rs-zo RS-20
R5-20 R5-20
RS-20 �p
R5-20
y�
SINGLE FAMILY RESIDENTIAL-20,000 SQUARE FEET(RS-20)TO R5-20
VILLAGE COMMERCIAL-10,000 SQUARE FEET(CV-10)
1.176 ACRES R5-20
R5-20
RS-20
R5-20
RS-20
CV-10 '�
RS-20
..,,; R5-20 PS-20
32.536.43'5
23.676.47 E
R5-2 "KOLANI"
i
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CV-10
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rip
A-20a
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Feet
0 250 500 750 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-23 (VOLCANO-MT.VIEW) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET (RS-20)TO
VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV-10)
AT `OLA`A SUMMER LOTS, `OLA`A, PUNA, HAWAII
MAP PREPARED BY:
TMK:(3)1-9-004:004 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:June 3,2019
EXHIBIT "A" RTA Kilauea Lodge LLC
Map: 1409
CRTAKi1aeuaLodgeLLCREZ.crk,12.19.19
RTA KILAUEA LODGE LLC
CHANGE OF ZONE APPLICATION (REZ 19-000239)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of the
stated conditions of approval. I
B. The applicant, successors or assigns shall meet all requirements of the Department of
Health for a Public Water System for potable and sanitation water and shall comply with
Fire Department requirements for firefighting water purposes for the proposed
development. The on-site water system improvements, including the development of
sufficient water storage capacity, shall be completed prior to Certificate of Occupancy
and storage tanks shall remain filled with sufficient water to meet all applicable
Department of Health and Fire Department requirements.
C. Construction of the proposed development, as substantially represented by the applicant,
or as permitted by the zoning district classification, shall be completed within five(5)
years from the effective date of this ordinance Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed development
from the Planning Director in accordance with Section 2 5-2-70,,Chapter 25 (Zoning
Code), Hawaii County Code. Plans shall identify all proposed structure(s), paved
driveway access and parking stalls associated with the proposed development.
Landscaping shall be indicated on the plans for the purpose of mitigating any adverse
noise or visual impacts to adjacent properties in accordance with the requirements of
Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25
(Zoning Code), Hawaii County Code. I
D. The applicant, successors or assigns shall not block or impede the twelve (12)-foot wide
perpetual easement for a road right-of-way that is situated along the entirety of the
eastern property line as designated in the deeds of the subject parcel and
TMK(3) 1-9-004:040, adjacent to the north of the subject parcel.
E. Prior to issuance of Final Plan Approval, the applicant, successors or assigns shall obtain
Final Consolidation Approval for TMK(3) 1-9-004:004 and TMK (3) 1-9-004:055.
F. Prior to issuance of a Certificate of Occupancy for a commercial use on the property, the
applicant, successors, or assigns shall provide improvements to the subject property's
entire Old Volcano Road frontage consisting of,but not limited to pavement widening
with concrete curb, gutter, and sidewalk, drainage improvements, and any required utility
relocation, meeting the requirements of the Americans with Disabilities Act and the
approval of the Department of Public Works.
G. Driveway connection(s) to Old Volcano Road shall conform to Chapter 22, County
Streets, of the Hawaii County Code.
H. The applicant shall be responsible for the design, purchase, and installation of streetlights
and traffic control devices as may be required by the Traffic Division, Department of
Public Works.
1. Should the applicant, successors or assigns develop a land use which the Planning
Department, in consultation with the Department of Public Works, determines will
generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be
submitted for review and approval by the Department of Public Works prior to Final Plan
Approval. The applicant shall implement, when required by the Department of Public
Works, at no cost to the County, any transportation system improvements to Old Volcano
Road that may be deemed necessary by the Department of Public Works.
J. All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a licensed civil
engineer and submitted to the Planning Department prior to Final Plan Approval. Any
recommended drainage improvements, if required, shall be constructed meeting with the
approval of the Department of Public Works prior to receipt of a Certificate of
Occupancy.
K. The method of sewage disposal shall meet with the requirements of the Department of
Health.
L. In the unlikely event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural
deposits, marine shell concentrations, sand deposits, or sink holes are identified during
the demolition and/or construction work, cease work in the immediate vicinity of the
find, protect the find from additional disturbance and contact the State Historic
Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an
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archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire fencing
shall not be used in the permit area and woody vegetation over 15 feet in height shall not
be removed during bat breeding season of June 1st to September 15th without first
conducting surveys for bat nests and coordinating with US Fish and Wildlife Service if
nests are found. Surveys shall be conducted by a qualified biologist.
N. To protect any Hawaiian hawk in the vicinity of the property, clearing, grubbing and
construction activities shall not occur in the permit area during hawk breeding season of
March I to September 30 without first having qualified biologist conduct surveys for
hawk nests in the project footprint and surrounding areas and coordinating with US Fish
and Wildlife Service if nests are found. Additionally, no clearing or construction
activities shall occur within 1,600 feet of any active Hawaiian hawk nest during the
breeding season until the young have fledged. Finally, regardless of the time of year, no
trimming or cutting trees containing a hawk nest shall occur, as nests may be re-used
during consecutive breeding seasons.
O. To protect any seabirds (Hawaiian petrels and Newell's shearwaters) in the vicinity of the
property, the applicant shall install shielded outdoor lights to direct light downwards.
Additionally, the applicant shall Install automatic motion sensor switches and controls on
all outdoor lights or turn off lights when human activity is not occurring in the lighted
area. Finally, the applicant shall avoid nighttime construction during the seabird fledging
period, September 15 through December 15.
P. To avoid and minimize potential project impacts to the endangered Hawaiian goose
(Nene)the applicant shall implement the following applicable measures: Do not
approach, feed, or disturb Nene. If Nene are observed loafing or foraging within the
project area during the NEnE breeding season (September through April), have a biologist
familiar with the nesting behavior of Nene survey for nests in and around the project area
prior to the resumption of any work. Repeat surveys after any subsequent delay of work
of three or more days (during which the birds may attempt to nest). Cease all work
immediately and contact the US Fish and Wildlife Service for further guidance if a
nest is discovered within a radius of 150 feet of proposed work, or a previously
-3-
undiscovered nest is found within said radius after work begins. In areas where Ndn6 are
known to be present, post and implement reduced speed limits, and inform project
personnel and contractors about the presence of endangered species on-site.
Q. To protect the 'I'iwi, the applicant shall avoid conducting activities within the forest bird
habitat that: 1) Promote the spread or survival of invasive species; 2) Increase mosquito
populations or stagnant water habitat; 3) Increase wildfire threat to montane forest
habitats; and 4) Remove tree cover during the peak breeding season between January I
and June 30.
R. Should the applicant, successors, or assigns develop residential units on the subject
property, the applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police, solid
waste disposal facilities and roads. The fair share contribution for each unit shall be based
on the actual number of residential units developed and shall become due and payable
prior to receipt of Final Plan Approval. The fair share contribution in a form of cash,
land, facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HOPI). The fair share contribution shall have a combined value of
$9,366.52 per multiple family residential unit ($14,596.67 per single family residential
unit). The total amount shall be determined with the actual number of units according to
the calculation and payment provisions set forth in this condition. The fair share
contribution per multiple family residential unit (single family residential unit) shall be
allocated as follows:
1. $4,620.24 per multiple family residential unit ($7,038.77 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
2. $146.02 per multiple family residential unit ($339.55 per single family residential
unit) to the County to support police facilities;
3. $449.18 per multiple family residential unit ($670.66 per single family residential
unit)to the County to support fire facilities;
4. $200.20 per multiple family residential unit ($293.62 per single family residential
-4-
unit)to the County to support solid waste facilities; and
5. $3,950.87 per multiple family residential unit($6,254.07 per single family
residential unit) to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land and/or
construct improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities and roads within the region impacted by the proposed development,
subject to the review and recommendation of the Planning Director, upon consultation
with the appropriate agencies and approval of the County Council.
S. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
T. To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the applicant shall comply with the requirements of Chapter 11, Article 1,
Hawaii County Code relating to Affordable Housing Policy. This requirement shall be
approved by the Administrator of the Office of Housing and Community Development
prior to Final Plan Approval.
U. The applicant, successors or assigns shall comply with all applicable County, State and
Federal laws, rules, regulations and requirements.
V. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicant, successors or assigns, and that are not
the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year may be
extended for up to one additional year).
-5-
5. If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
W. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its original or
more appropriate designation.
RTA KILAUEA LODGE LLC
CHANGE OF ZONE ( REZ 19-000239)
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LOCATION MAP
THE APPLICANT IS REQUESTING:
• A CHANGE OF ZONE FROM A SINGLE-FAMILY 20,000 SQUARE FEET (RS-20) TO A VILLAGE
COMMERCIAL 10,000 SQUARE FEET (CV-10) ZONING DISTRICT FOR APPROXIMATELY
1 . 176 ACRES OF LAND.
PROPOSED DEVELOPMENT: w
• THE APPLICANT IS PROPOSING AN EXPANSION OF THE EXISTING KILAUEA LODGE ON THE
U
ADJACENT PARCEL TO THE WEST INCLUDING:
W
• THE CONSTRUCTION OF A NEW, 1 ,920 SQUARE-FOOT RETAIL BUILDING ALONG THE
PROPERTY'S OLD VOLCANO ROAD FRONTAGE TO PRIMARILY SERVE LODGE GUESTS; St)
■ THE CONSTRUCTION OF THREE (3) COTTAGES ALONG THE NORTH WEST CORNER OF Z
THE PROPERTY TO BE USED AS LODGE UNITS (WITHOUT ANY KITCHEN/FOOD
PREPARATION AREAS) ACCESSORY TO THE EXISTING KILAUEA LODGE; AND U
• A 26-STALL PARKING LOT (INCLUDING TWO HANDICAPPED STALLS) AND A BUS
PARKING AREA TO ACCOMMODATE CUSTOMER AND EMPLOYEE PARKING AND
LANDSCAPING.
PROJECT TIMETABLE AND COST: THE APPLICANT EXPECTS CONSTRUCTION TO BE
COMPLETED WITHIN TWO (2) YEARS OF APPROVAL OF THE CHANGE OF ZONE AND
ESTIMATES THE COST OF THIS PROJECT AT $350,000.
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PLANNING DIRECTOR ' S RECOMMENDATION
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FORWARD A FAVORABLE RECOMMENDATION TO 11
THE COUNTY COUNCIL FOR CHANGE OF ZONE
APPLICATION NO . 19-000239 0
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