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HomeMy WebLinkAboutCOM 0572.000 2020-2022 Lee E.Lord Managing Director Mitchell D.Roth Mayor Robert H.Command ..4."°ayt` Deputy Managing Director E 4f NF' GUUN IXf('71abjail OffTrr of f r Hylar 25 Aupuni Street,Suite 2603 • Hilo, Hawai'i 96720 • (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740 (808)323-4444 Fax(808)323-4440 XCE December 212021 ,, CIP Ln Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Change of Zone Application (REZ 21-0002491PL-REZ-2021-000007) Request: Single-Family Residential-20,000 Square Feet (RS-20) to Village Commercial-10,000 Square Feet (CV-10) Applicant: Raja Daggula Tax Map Key: 1-9-004:051 As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i 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 request. Sincerely, MITCHELL D. ROTH Mayor TCouncilDag2ulaPL-REZ-21-007- Enclosures cc: Planning Department .�j Comm. No. "12 Ref. To: VC County of Hawaii is an Equal opportunity Provider and Employer. Ref. bate DEC 2 �(�� Stl OF Mitchell D.Roth John Replogle,Chair Mayor Gilbert Aguinaldo,Vice-Chair Dean An Lee E.Lord Joseph Clarkson Managing Director Michelle Galimba Dennis Lin Thomas Raffipiy County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center o 101 Pauahi Street,Suite 3 - Hilo,Hawaii 96720 Phone(808)961-8288 o Fax(808)961-8742 December 13, 2021 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Change of Zone Application (REZ 21-000249/PL-REZ-2021-000007) Request: Single-Family Residential-20,000 Square Feet(RS-20) to Village Commercial-10,000 Square Feet(CV-10) Applicant: Raja Daggula Tax Map Key: 1-9-004:051 The Windward Planning Commission, at its duly held public hearing on December 2, 2021, recommended for your approval the proposed legislative bill for a Change of Zone from Single- Family Residential-20,000 square feet (RS-20) to Village Commercial-10,000 square feet(CV- 10) zoning district for approximately 36,373 square feet of land. The property is located on the north side of Old Volcano Road, approximately 335 feet west of its intersection with Wright Road, 'Ola'a Summer Lots, Block"B", Lot 12-13, Puna, Hawaii. The Commission concurs with the following Planning Director's recommendation for a favorable consideration of the request: The applicant is requesting to change the zoning district from a Single-Family Residential — 20,000 square feet (RS-20) to a Village Commercial — 10,000 square feet (CV-10) zoning district for .835 acres of land, in order to establish a 3-unit short term vacation rental (STVR) complex that will consist of three (3) one-story single-family dwellings. The applicant originally proposed one (1) one-bedroom dwelling (approx. 900 sq. ft.), one (1) two-bedroom dwelling (approx. 1,500 sq. ft.), and one (1) three-bedroom dwelling(approx. 3,060 sq. ft.), for a total of six (6)bedrooms within the complex. In response to public testimony the applicant has refined their project concept to reduce the overall square footage of each proposed STVR unit in order to reduce its Hawaii Countv is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawaii Page 2 December 13, 2021 overall footprint on the land and reduce the amount of clearing that will be required to construct the rental units. The revised proposal includes one (1) one-bedroom dwelling (approx. 1,077 sq. ft.), one (1) two-bedroom dwelling (approx. 1,077 sq. ft.), and one (1) three-bedroom dwelling (approx. 2,209 sq. ft.). The applicant has also revised their plan to operate a Short Term Vacation Rental (STVR) and have opted to operate as a hosted rental. In the revised proposal the lower level of the three-bedroom dwelling will be used as the living quarters for the vacation rental host/manager. The applicant also proposes to construct a 6-stall on-site paved parking area with one (1) paved stall designated for accessible van parking. The applicant state that there will be a minimum of two (2) septic systems installed to service the three (3) STVR units and accommodate for the proposed six (6) bedrooms as well as an on-site potable water holding tank and separate rain catchment system for fire suppression requirements. Please note that should the change of zone to CV-10 be approved, the 36,373 square foot lot could be subdivided into a maximum of three (3) lots and any use permitted in the CV zoning district could be established on the property. 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. 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. Maile David, Council Chair and Members of the County Council County of Hawaii Page 3 December 13, 2021 ■ 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. ■ 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. Volcano Village is designated as a "Community Village Center" in the Puna CDP. Per the CDP, the typical components that exist within a Community Village Center are as follows; `Between 20 and 40 small tenant spaces for retail and personal services, repair shops, community park, elementary or middle school, community center and outdoor events area, bed-and-breakfast homes and small inns, elderly or other special needs housing, transit stop, medical clinic, walking and bicycling paths." Finally, the proposed change of zone is in alignment with the Draft Volcano Long Range Plan as Old Volcano Road is in the proposed business district in the draft plan. However, the Volcano Community Association (VCA) expressed their opposition to the project as well as their opposition to the establishment of a Short-Term Vacation Rental (STVR) operation in Volcano Village. Finally, the VCA expressed a desire for the retention of as many `Ohi`a trees and other native trees and plants on site as possible. The applicant has stated that they intend to preserve as much of the existing `Ohi`a tree canopy as possible, and have altered their project proposal in response to public comments to further reduce the size of the dwelling footprints on the forest floor. Additionally, a condition of approval has been added to Maile David, Council Chair and Members of the County Council County of Hawaii Page 4 December 13,2021 require the applicant to construct the proposed project, or any future project, in a manner that is consistent with the character and style of the surrounding neighborhood in order to maintain the historic and rural character of Volcano Village. 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 134 feet of frontage along Old Volcano Road and the topography is fairly level. The entire property is heavily vegetated with a canopy of `Ohi`a trees and the understory of hapu`u ferns, uluhe ferns, various shrubs and grasses as well as other native and introduced vegetation. The eastern boundary of the parcel is bordered by a private roadway owned by Robert and Pi`ilani Mason. There is a mixture of residential, village commercial and agricultural zoning and uses in the area. Several properties directly adjacent to the west are zoned Village Commercial (CV-10) and consist of the existing Kilauea Lodge facilities. 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). 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. The Volcano Community Association(VCA) as well as ten (10) other community members have submitted written testimony in opposition to the proposed project associated with the Change of Zone application. The two main issues that were presented in these testimonies is opposition to the establishment of an STVR operation in Volcano Village, as well as opposition to the clearing and removal of the native ohi'a forest on the subject property. In response to the public testimony received concerning the operation of the proposed STVR the applicant has elected to operate the vacation rentals as hosted rentals in hopes to address the concerns of the community surrounding the previously proposed un-hosted STVR operation. In response to the opposition to cutting and clearing the native forest on the subject property the applicant elected to reduce the ground level square footage of the three (3) vacation rental units in order to reduce the size of the building footprints on the forest floor. Additionally, the applicant has stated that construction of the proposed vacation rental operation will be executed in a manner that will preserve as much of the existing native forest as possible. A condition of approval could be added to limit the uses on the property to only a hosted vacation rental or exclude STVR's; however, the legality of this is uncertain since zoning allows a full range of permitted uses. Maile David, Council Chair and Members of the County Council County of Hawaii Page 5 December 13, 2021 All essential utilities and services are available to the site. The subject parcel is currently undeveloped and has no existing driveway connection. Proposed access to the project site is via Old Volcano Road, a two (2) lane, County owned and maintained roadway with approximately 38 feet of pavement within an existing 50-foot right-of-way with no curb, gutter, or sidewalk improvements. The applicant proposes to include on-site paved parking for six (6) vehicles, one of which will be handicap van-accessible. Standards for commercial zoning include requirements for paved driveways and parking, therefore, the applicant will be required to pave the driveway(s) for the subject development. The preceding will be added as a condition of approval. 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. DPW recommends the improvements to be located within any future road widening setback established by the Planning Department. Currently there are no functional classifications for the roads in the Volcano Village area. However, Old Volcano Road fits the description of a Minor Street, which requires a minimum right-of-way of 50 feet. Since the existing right-of-way is 50 feet, the Planning Department will not require a future road widening setback. DPW recommends that all driveway connections meet the requirements of Hawaii County Code and that the applicant install any required street lights or traffic control devices that may be necessary, with design purchase and installation being the responsibility of the applicant. The applicant is requesting relief from the roadway shoulder improvements consisting of but not limited to, pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and any required utility relocation along the property's Old Volcano Road street frontage, given lack of similar improvements fronting other properties along the same roadway as well as to maintain the rural character of Volcano Village. The Planning Department recommends forgoing the standard requirements at this time for roadway improvements for commercial zoning which include pavement widening, and curb, gutter, sidewalk improvements at full cost to the applicant. Instead, the Planning Department recommends a condition be added that requires the applicant to provide their pro-rata share for the construction of full improvements to the entire property frontage along Old Volcano Road at such time a program for the installation of curb, gutter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunani Road is enacted. This is similar to the condition included in the adjacent rezone, TMK: 1-9-004:004, to village commercial granted in 2020, and therefore the preceding will be added as conditions of approval. Maile David, Council Chair and Members of the County Council County of Hawaii Page 6 December 13, 2021 According to the applicant, the proposed development is anticipated to generate three (3) vehicle trips during the PM peak hour and should not have a significant adverse impact to traffic along the Old Volcano Road. Given the small scale and scope of the project, a TIAR was not performed as the project conforms to the County's concurrency requirements. Should the Applicant develop a land use which will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted prior to Final Plan Approval. The preceding will be added as a condition of approval. 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 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 firef ghting. " 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 rainwater catchment tank for Fire Department use, and a separate water holding tank for potable water. The applicant will be required to comply with Fire Department requirements for fire suppression water availability. The preceding will be added as a condition of approval. 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 applicant states that a minimum of two (2) septic systems will be installed to service the three (3) single-family dwellings. 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, or the STVR operator, who will dispose of the refuse at authorized landfill sites. Maile David, Council Chair and Members of the County Council County of Hawaii Page 7 December 13, 2021 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. The State Historic Preservation Division (SHPD) stated they have no objections to the proposed development. However, SHPD requests an opportunity to review any future permits involving ground disturbing activities related to proposed development of the subject parcel. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai Q 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. ■ The valued cultural, historical, and natural resources found in the rezoning area: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. SHPD reported that the subject property is located within the boundaries of the Historic Volcano Residential District (State Inventory of Historic Places [SIHP] 50-10-53-07414). According to SHPD this district does not have any official design guidelines or restrictions associated with it. No professional floral or faunal survey was conducted of the property. The applicant reports that the property is currently heavily vegetated with an extensive canopy of`Ohi'a trees and a dense understory of both native and introduced plant species such as Hapu'u fern, uluhe (false staghorn fern), waiwi (strawberry guava), and various weeds and grasses. The property and surrounding areas are known habitats for several native plants, birds and invertebrates. In addition, introduced bird species such as dove, Japanese White-eye, house finch, myna Maile David, Council Chair and Members of the County Council County of Hawaii Page 8 December 13, 2421 birds are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also present. These animals are all common and not endangered. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW) the Hawaiian Hawk or 'Io (Buteo solitaritcs) is known to occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or 'Ope'ape'a (Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1st through September 15th. Finally DOFAW reported that the Hawaiian Goose or Nene (Branta sandvicensis) may also potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass this species. DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species. The Department of the Interior: Fish and Wildlife Service was unable to provide an in depth review of the project due to significant workload constraints, however they provided a list of species most likely to occur within the vicinity of the project area. The following species may occur within the vicinity of the project area: Hawaiian Hoary Bat, Hawaiian Goose or Nene, `i`wi, Band-romped storm-petrel, Hawaiian petrel,Newell's shearwater, Hawaiian Hawk, Blackburn's sphinx moth, aku, and the ha`iwale. The USFWS provided guidance on measures to avoid and minimize project impacts to the listed species. ■ 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. 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. Maile David, Council Chair and Members of the County Council County of Hawaii Page 9 December 13, 2021 Based on the above findings, the request to rezone the property from a Single- Family Residential - 10,000 square feet (RS-10) zoned district to a 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-Mountain 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, and the Power Point presentation. A draft transcript of the hearing will be provided under separate cover. Sincerely, _ -- John R. Replogle, Chairman Windward Planning Commission LDaggulaPL-REZ21-007wpc1 Enclosures cc via email: Sidney Fuke, Planning Consultant Daryn Arai, Planning Consultant Department of Public Works Department of Water Supply Jean K. Campbell Esq., Corporation Counsel BE)2nLIu1aREZ.EC.10.11 201-1 COUNTY OF HANVAI`i PLAN N Ind'G DEPARTMENT BACKGROUND REPORT RAJA DAGGLL,A CHANGE OF ZONE APPLICATION (REZ 2t-000249 f PL-REZ-2421-000007) RAJA DAGGIJLA has submitted an application for a Change of Zone from a Single-Famity- 20,000 square feet(RS-20)to a Village Commercial-10,000 square feet (CV-10) zoning district for approximately 36,373 square feet of land. The subject property is located on the north side of Old Volcano Road, approximately 335 feet west of its intersection with Fright Road, `Ola`a Summer Lots,Volcano, Paha, Hawaii, TN4K- (3) 1-9-004:051. PROPOSED ACTION L 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 36,373 square feet of land. According to the Zoning Code,the Village Commercial district provides for a broad range 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 1 —Zoning Code Requirements for Village Commercial Districts) (Planning Department Exhibit 2—Zoning Code Requirements for Single-Family Residential Districts) Please note that should the change of zone to CV-10 be approved,the 36,373 square foot lot could be subdivided into a maximum of three (3) lots and any use permitted in the CV - zoning district could be established on the property. 2. Proposed Development: The applicant proposes to establish a 3-unit short term vacation rental (STVR) complex that will consist of three (3) one-story single-family dweltincrs. The applicant originally proposed one (1) one-bedroom dwelling (approx. 900 sq, ft.), one (1)two-bedroom dwelling (approx. 1,500 sq. ft.), and one(1)dlree-bedroom -t- dwelling (approx. 3,060 sq. ft-), for a total of six (6) bedrooms within the complex. However, in response to public testimony the applicant has refined their project concept to reduce the overall square footage of each proposed STVR unit in order to reduce its overall footprint on the land and reduce the amount of clearing that will be required to construct the rental units. Their revised proposal includes one (1) one-bedroom dwelling (approx. 1,077 sq. ft-), one (I I)two-bedroom dwelling (approx. 1,077 sq. ft.), and one (1) three-bedroom dwelling(approx, 2,209 sq, ft.). The applicant has also revised their plan to operate a Short-Term Vacation Rental (STVR) and has opted to operate as a hosted rental. In the revised proposal the tower level of the three-bedroom dwelling will be used 4n as the lining quarters for the vacation rental host/inatigger. The applicant also proposed to construct a 6-stall on-siteng aved parking area with one (1)paved stall designated for p Z" Ne van parking. The applicant states that there will be a minimum of two(2) accessible parking. septic systems installed to service the three (3) STVR units and accommodate the proposed six (6) bedrooms as well as an on-site potable water holding tank and separate rain catchment system for fire suppression requirements. 3. Project Timetable and Cost: The applicant anticipates the project will cost approximately $900,000. The applicant anticipates they will be able to secure Final Plan Approval within mo (2) years from the effective date of the Change of Zone Ordinance, and projects that construction of the 3 vacation rental units and supporting Infrastructure can be completed within three (3) years after Final Plan Approval is obtained. 4. Supportive Information: The applicant has submitted the attached in support of the request (P. D.Exhibit 3 —Change of Zone Application dated June 7, 2021), (P.D. Exhibit 4—Supplemental Information to Application—June 30, 2021 letter), (P.D. Exhibit 5—Revised Site Plan—October 18, 2021 map) 5. Landowners: Raja Daggula and Shalini Kapoor, STATE, COUNTY& CO-NINIUNITY PLANS 6, State Land Use District: Urban. 7General Plan LUPAG T N'Iap Designation: The majority of the parcel is designated as Medium Density Urban, which allows vitta,,e and nelAborhood commercial and single -2- family and multiple ffinuty residential and related functions (multiple family residential up to 35 units per acre). The northeast corner of the subject parcel consists of approximately 6q,0 or 2,334 square feet of the total area of 36,3713 square feet and is designated as Lo-\N, Density Urban, which allo-,vs residential use, with ancillary community and public uses-, and neighborhood and convenience-type commercial uses; overall residential density may be Lip to six units per acre. County Zoning: Single-Family Residential-20,000 square feet (RS-20). 9. Puna Community Development Plan (PCDP): The PCDP was adopted by Ordinance No. 08-116, which became effective on Auuust 27, 2008. The subject property is situated within the Volcano Community Village Center located along Old Volcano HiOlzvcry between Haunani Road and Wright Road as designated by the PCDP. Volcano Village is designated as a "Community Village Center" in the Puna CDP. Per the CDP, the typical components that exist within a Community Village Center are as follows: "Between 20 and 40 small tenant spaces for retail and personal services, repair shops, community park, elementary or middle school, community center and outdoor events area, bed-and- breakfast homes and small inns, elderly or other special needs housing, transit stop, medical clinic, walking and bicycling paths." 10. 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 in regard to a similar rezoning for a neighboring property, Old Volcano Road is in the proposed business district in the draft plan. However, the VCA expressed their opposition to the project as well as a desire for the retention of as many 'Ohi'a trees and other native trees and plants on site. Finally, the VCA expressed their disapproval of the establishment of a Short Term Vacation Rental (STVR) operation in Volcano. The applicant has stated that they intend to preserve as much of the existing 'Ohi'a tree canopy as possible, and have altered their project proposal in response to public comments to further reduce the size of the dwelling footprints on the forest floor. It. Special Management Area (SNIA): The subject property is not situated within the SMA and is located approximately twelve mites away from the nearest shoreline. DESCRIPTION OF PROPERTY AND SURROLJNDING AREA 12, Subject Property: The property Is rectangular in shape with approximately 134 feet of frontage along Old Volcano Road and the topography is fairly level with an approximate ?°'o' 1 10 Slope across the site north to south and an approximate 2,7�` slope across the site east to west. The entire property is heavily vegetated with a canopy of'Ohi'a trees and an understory of hapu'u ferns, uInhe ferns, various shrubs and grasses as well as other native and introduced vegetation. The eastern boundary of the parcel is bordered by a private roadway owned by Robert and Pi'llani Mason. 13. Surrounding Land Uses/Zoning: There are a mixture of residential, village commercial and agricultural zonipL, and uses in the area. Several properties directly adjacent to the west are zoned Village Commercial (CV-10) and consist of the existing Kilauea Lodge facilities. One of these properties was rezoned in 2020 from RS-20 to CV-10 in order to expand the Kilauea Lodge uses. Properties adjacent to the north and east are zoned Single-Family Residential (RS-20) and consist of residential dwellings; the property directly to the south (across Old Volcano Road) is zoned agricultural (A-20a). The subject property is located approximately one (1) mite 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. 14, Flood Zone: Zone X, an area determined by FEMA to be outside the 500-year floodplain. 15. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property. The applicant reports that the property is currently heavily vegetated with all extensive canopy of'01ii'a trees and a dense understory of both native and introduced plant species such as hapu'u fern, uluhe (false staphom fern), Nvaiwi (strawberry guava), and various weeds and crasses. The property and surrounding areas are known habitats for several native plants, birds and invertebrates_ In addition-, introduced bird species such as dove, Japanese White-eye, house finch, myna birds are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also present. These animals are all common and not endangered. According to the Department of Land -4- and Natural Resources Division of Forestry and Wildlife (DOFAIA,) the Hawaiian Hawk o 'lo (Bateosolitorius) is known to occur in the project vicinity and their nests might be r I vicinity- Q7 present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or 'Ope'ape'a (Lcuhirzis cilierezis semoms) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June I" through September 15"'. Finally, DOFANV reported that the Hawaiian Goose or Nene may also potentially OCCL11-in the vicinity of the proposed project site. It is against State law to harm or harass this species. DOFANN' has provided guidance on measures to avoid and minimize impacts to the listed I HILT species. The Department of the Interior- Fish and Wildlife Service provided the following- - list of species most likely to Occur within the vicinity of the project area: Hawaiian Hoary Bat, Hawaiian Goose or Nene, 'i'iwi, Band-romped storm-petrel, Hawaiian petrel, Newell's sheanvater, Hawaiian Hawk, Blackburn's sphinx moth, Lakii, and the ha'iwale, The USFNN,,'S provided guidance on measures to avoid and minimize project impacts to the listed species. The Applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. 16. Archaeological/Cultural/Historical Resources: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical features are Imown to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. The applicant has stated that during clearing and grading of the property the State Historic Preservation Division will be notified and all work shall immediately cease upon inadvertent discovery of any archeological or historic features. There are no known traditional or customary Native Hawaiian cultural rights beim-1 practiced within the subject property or any known cultural or historic resources to exist on the property. The State Historic Preservation Division (SHPD) stated they have no objections to the proposed rezone. However, SHPD requests an opportunity to review any future permits involving ground disturbing activities related to proposed development of the subject 'D parcel. SHPD may request that all archaeological field inspection be conducted of the -5- subject parcel by a qualified archaeologist to determine If undocumented historic properties exist in the project area prior to any future ground disturbance. If unrecorded 01 historic properties are present, SHPD will request that an archaeological Inventory survey (AIS) be completed, and report be submitted for review and acceptance prior to initiation of land altering activities. SHPD also reported that the subject property is located within the boundaries of the Historic Volcano Residential District(State Inventory of Historic Places [SHIP] 50-10-53-07414). According to SHPD this district does not have any official clesit:ui guidelines or restrictions associated with it. 17. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 18. Traffic: Section 25-2-46 (d) (I ) of the concurrency provision requires a Traffic Inipact Analysis Report(TIAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale and scope of the proposed project, a TIAR was not performed as the project conforms to the County's concurrency requirements. The applicant states that the project is anticipated to generate three (3))vehicle trips during the PM peak hour and should not have a significant adverse impact to traffic along the Old Volcano Road. The scope of the proposed project as it relates to traffic is similar to that of three (3) single family dwellings. However, should the rezone be granted,the applicant can develop any permitted use in the CV district. Many of these uses could generate a significant amount of traffic, over 50 peak hour trips. UTILITIES AND SERVICES 19. Access: The subject parcel is currently undeveloped and has no existing driveway connection to the site. Proposed access consists of one driveway connection to the project site via Old Volcano Road, a two (2) lane, County owned and maintained. roadway with approximately 38 feet of pavement within an existing 50-foot right-of-way with no Curb, gutter, or sidewalk improvements. 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 wideninc,with concrete curb, nutter, 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. DPW recommends the improvements to be located within any future road widening setback established by the Planning Department, Currently there are no functional classifications for the roads in the Volcano Village area. Old Volcano Road best fits the description of a Minor Street, which requires a minimum right-of-way width of 50 feet. Since the existing right-of-way is 50 feet, the Planning Department will not require a future road widening setback. DPW recommends that all driveway connections meet the requirements of Hawaii County Code and that the applicant Install any required street lights or traffic control devices that_ may be necessary, with design purchase and installation being the responsibility of the applicant. The applicant is requesting relief from DMN,"s recommendation to provide roadway shoulder improvements along the property's Old Volcano Road street frontage, given lack of similar improvements fronting other properties along the same roadway as well as to maintain the rural character that so well defines Volcano Villa(ye. 20. Water: According to the Department of Water Supply (DWS), the subject property is not within the seiwice limits of DWS' existing water system facilities. Hawai'l 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 (I ) 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- rainwater catchment tank for Fire Department use, and a separate water holding tank for potable water. -7- 2 f. Wastewater: There is no County sewer in the area so the applicant will be required to install an individual wastewater systern meeting with the requirements of the State Department of Health. 22. 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. 23. 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 CONINIENTS PROVIDED 2q. Department of Public Works-Engineering Division: (Planning Department Exhibit 6-July 22, 2021 memo.) 25. Department of Water Supply: (Planning Department Exhibit 7-July 29, 2021 letter.) 26. State Department of Health: (Planning Department Exhibit 8-August 13, 2021 memo.) 27. Department of Environmental Management Wastewater Division: (Planning Department Exhibit 9-July 27, 2021 memo) 28. State Department of Land and Natural Resources-Engineering Division: (Planning Department Exhibit 10-august 1.9, 2021 memo. 29, State Department of Land and Natural Resources-Division of Forestry and Wildlife: (Planning Department Exhibit 11-July tily 23, 2021 memo. '0. State Department of Land and Natural Resources-State Historic Preservation Division: (Planning Department Exhibit 12-August 4, 2021 letter) 31. Fire Department: (Planning Department Exhibit 13-July 27, 2021 letter) .32. U.S. Fish and NN'ildlife Service: (Planning Department Exhibit 14-August 6, 2021 letter.) 3. Volcano Community Association: (Planning Department Exhibit 15-August 17, 2021 letter. AGENCIES - NO COMMENTS OR OBJECTIONS 34. Department of Environmental Management Solid Waste Division, Police Department, State Department of Land and Natural Resources-Land Division PUBLIC COMMENTS 35. Theresa Ann Reed Testimony: (Planning Department Exhibit 16-July 31, 2021 letter) 36. Jim Frierson Testimony: (Planning Department Exhibit 17-September 27, 2021 email) .37. Jonathan Clark& Jocyline Clark Testimony: (Planning Department Exhibit 18- August I1, 2021 letter) is. Aubrey Hawk Testimony: (Planning Department Exhibit 19 August 18, 2021 letter) 39. Lorna Larsen-Jeyte Testimony: (Planning Department Exhibit 20-August 12, 2021 letter) 40. Jeffrey -N—lermel Testimony: (Planning Department Exhibit 21-August 19, 2021 letter) 41. Daniel Taylor Testimony: (Planning Department Exhibit 22-August 24, 202t letter) 42, Martha Roverson Testimony: (Planning Department Exhibit 23-August 8, 2021 letter) 43. Anonymous Testimony: (Planning Department Exhibit 24-September 13, 2021 email) 44. Anonymous Testimony: (Planning Department Exhibit 25-November 8, 2021 email) 45. Lorna Larson-Jeyte Testimony 2: (Planning Department Exhibit 26-November 22, 2021 email) APPLICANT'S RESPONSE TO COMMENTS: 46. The applicant has submitted a response tetter to comments received from several agencies. (Planning Department Exhibit 27 —August 31, 2021 letter) 47. The applicant has submitted a response letter to comments received from several members of the public. (Planning Department Exhibit 28—September 14, 2021 letter) -9- ZONING § 25-5-115 Section 25-5-115. Minimum building site average width. Each huilding site in the CG district shall have, a minimum huilding site average width of sixty feet. (1996, ord 96-160, sec 2; ratified April (1, 1999,) Section 25-5-116. Minimum yards. The tninimutn yards in the CG district shall he as follows: r (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 R.CX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or R(;1{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, sec 2; ratified April 6, 1999.) Section 25-5-117. Landscaping of yards. (a) All front yards in the C(_{ district shall be landscaped, except for necessary access drives and walkways, and exceptfor the construction of one single-family dwelling and accessory buildings per lot. (h) 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, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 1.2.) Section 25-5-118. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the CCT 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 developmenk. (1996, ord 96-160, sec 2; ratified April (1, 1999; a n 2005, ord 05-155, sec 1.3; ani 2015, ord 15-88, sec. 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 ;iecessary to serve the population in rural areas where the supplementary support o'the general bU4rness uses and aefivitie.s of a central commercial districtis not readily available. (1996, ord 96-160, sec 2: ratified April 6, 1999.) Planning Dept. 25-107 Exhibit-1— & 25-5'I21 HA-WAIICDUNIY CODE � � � Section 25-5-121. Designation ofC\7districts. � Each CV' (village couznuercioDdisuictshall beJeei-nutedhTthe evuzl)ol ^('V' followed hyo oonobervvhich iuJicatrmtbe rnioioonnn [an(l ur*u, iun000bocofthousands o[e0nore [eei. reguirodfor each bui!(|iu� �ite. � (19V0', ozd 96'I60' ewC 2; ratified April G. I089j � Section 25-5-122. Permitted uses. (u) The following uses shall beyerniited in the C\7 (116trjct: (l) /\dn}t (lay car(, hozoee. (2) Aouueenueutand reoreuUoofacl\i|iea. indoor. (3) Art galleries, museums. (4) Automobile sales and rentals. (5) Au1ouoobi[eservice stations. (6) Bars, (7) Bed and breakfast establishments, oapermitted under section, 25'4'7. (8) Boarding [mci1iti*e, rooming, or lodgjnghouoyo. provided that the ounzicounn deosityehaDbeone, thousand two hundred fifty square feet ufland area per rentable unit urdwelliugunit. (9) Business services,. (lO) Cemeteries andruauaolanzue. aepermitted under chapter 8, article lofthis Code. (ll) ('huruhem. tacuylasand aynugopea. (I2) ('Oznnzercialparkiug }0ta and garages. (l�) Coconunoityl/nddiuA$. 8epurznittadund8reectinn2D-4-II. (14) Cnnreoienceal.orey. (15) Crpzuatoriuooe. funeral, bonuea, fuuerxlmacviooa. audruortuoriea. (I(3) Crop production, (I7) Day care ceutere. (I@) Dwelling double-family e ex. provided t� oumxiouurn deuaitysha[l l`aone t�oosaudtwo hundred fifty square feet ofland area per rentable unit or dwelling unit. (|y) Dvvp1liogs, ouul|iD|a'/oruily. provided Lbm1 (hm /nuxioouzu douaityshalt beone thousand Lwnhundred fi0ve(Iuuzefeel ofland oceoper reuiah|eunit ur �vvel�n- uniL (20) Unelliugs, siogle-familv. (2I) y»cuilychild care hocues. (22) Farmers onarkets. When the vending activity in o [urcuece ruurkutinvo}vea un0re tbmo joyt the, sale of local fresh and/or raw produoe, plant life' Doh and local homegrown and homeniade, products for niore than two days a week, fhe direr|or, at the tione of plan approval, vbaU restrict the bunry of US(-, oouiuteuunuauodoyerxtiouyuo([ may require inul>ruvnozentmua (letercnioed appropriate to eoaoz'o ite ooinym|ihi|ity with tha existing character ofthe eurrouoding oreo. (28) kiiiuuciulinotito<inoa. 25-I08 ZONING § 25-5-122 (24) Group living facilities. (25) Home occupations, as permitted under section 25-4-13. (2(3)) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (2 i) Hotels, when the desigii and use, conf()rm to the Character of the aro aa, as approved by the director. (28) Laboratories, medical and research. (29) Lodges. (30) Manufactur°rng, processing and packaging light and general except for concrete or asphalt products, where the products are distributed to retail esl-.ablishments located in the immediate community, as approved by the director. (31) Medical clinics. (3 2) 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 plaints for newspapers, book:; and magazines, printing shops. Cartographing. and duptlealing 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. (4:3) Retail establishments. (44) Schools. (45) Short-term vacation rentals. (46) Telecommunication antennas, as permitted under section 25-4-12. (47) Temporary read estate offices, as permitted under section 2.5-4-8. (48) Theaters. (49) Utility substation,., 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 gol[club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving_ manges shnll not be permitted within the state land use aagriculturat 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. 10 (7-2021) 25-5-122 1IAwi `i COc-',�zY CODE (r,) Residential uses in connection with the operation of any permitted uses shall he perinitted in the CV district. ((i) Buildings and uses similar to the permitted uses listed in subsection (a) above shall be 1)ermiti;ed in the CV district, as ap})roved by the director. (e) Buildings and uses rnormally considered accessory to the uses permitted in this section shall also be 1}ermitted in the CV district. (1996, ord 96-160, sec 2; ratified 1pril 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord t4-8f;, sec 12; am 2018, old 18-114, sec 12: am 2021, ord 21-26, sec 12.) Section 25-5-123. Height limit. The height; limit-in the CV district shall be thirty feet. (1996, ord 96-160, see 2; ratified Al)ril 6, 1999.) Section 25-5-124. Minimum building site area. The minimum building site area in the CV district shell be seven thousand five hundred square, feet. (1996, ord 96-160, sec 2; ratified Al)ril 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, sec 2; ratified Al)ril 6, 1990.) Section 25-5-126. Minimum yards. The minimum yards in the CV 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, Rl'YI or R(_'X 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 96-100, sec 2; ratified April (1, 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. (1s,) 'Where any required side or rear yard in the CV district adjoins a building site in an RS, RI), RM or RCX district, the side or rem., 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,. ol'd 96-160, sec 2; ratified April (1, 1999; am 2005, ord 05-155, sec 14.) SUPP. 10 (7-2021) 25-110 ZONING, § 25-5-128 Section 25-5-128. Other regulations. (a) Planaj)l)rov�­d shall be required for all new structures and additions to existing Sfi-nctl_ll.es in the CV district, excej)t for collstrLictiort of one single-family dwelling and any accessory buildings IJel" lot. (b) Excei)tions to the, regulations for the (T district regarding heights, bUildill-site building site -I-i-,,erage widths and yards, may be approved by the commission within a planned unit development. (19()6, ord 96-100, sec 2; ratified Al-all 6 1999; an-1 2005, ord 05-155, sec 15; ain 2015, Ord 15-;32, sec 4.) Division 13. MCX, Industrial-Conunercial 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 diversafted businesses and employment ol)I)ortunities by I)erniliting I -in unhealthy a broad range of uses, without exposing nonindustrial uses to unsafe and unhealtt environments. This district is intended to promote and maintain a viable mix of light industrial and commercial uses. (1996, ord 96-1,60, see 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 svitibol "NICK' followed by a number which indicates tlie minimum hand at-(-',a, in number of thousands of square feet, required for each building site.. (1996, ord W-160, sec 2: ratified April G, 1999.) Section 25-5-132. Permitted uses. (a) The following uses shall be permitted in, the M(I'X district: (1) Agricultural products processing, minor. (2) Amusement and recreation facilities, indoor. (,8) Art galleries. museums. (4) Art studios. (5) Automobile sales and rentals. (6) Autoinobilesorvice stations. (7) Bars, iii-htclubs, and cabarets. (8) Broadcasting stations. (9) Business services. (10) Car waslill-l", (11) Catering establishments. 12) Cemeteries and mausoleums, as permitted under chapter G, article I of this Code. (18) Churches, temples and synagogues. 25-111 Z o_N'I�C" § 25-4-68 Section 25-4-68. Grounds for approval or denial. The thrECtOr shall approve an aj)j)lication for r(-Tognition of (le iiiiininisstructure position discrepancy unless: (a) The discrepancy is greater than the clifference as allowed by the de innurnis structure position discrepancy definition, or (b) The director finds that the improvement was I)Iacecl with knowledge that it would Violate the 111blillitilu yard oi, oj)eii space requirements; or (c) The improvement could be moved, or the discrepancy otherwise corrected, without significant exj)eiise, difficulty, or hardship to the applicant.. (2002, ord 02-70, sec 3.) Section 25-4-69. Recognition of de minimis structure position discrepancy. If the director accepts the al)I)lication for recognition of d.e rninimis structure position discrepancy, the director shall notify the, applicant in writing that the discrepancy is not 8 violation of the zoning code and that it, may remain in place without a variance. (2002, ord 02-70, sec :3.) Section 25-4-70. Disclosure. A (te mininiis structure position discrepancy shall be disclosed by the owner to subsequent 1mychasers, of the property in question. (2002, ord 02-710, sec 8.) Section 25-4-71. Appeals. The director's decision with resI)ect to a (le tuinimis structure position discrepancy is al)I)ealable to the board of appeals. (2002, ord 02-70, see Article 5. Zoning District Regulations. Division 1. RS, Single-Family Residential Districts. Section 25-5-1. Purpose and applicability. The RS (single-family residential) district I)rmqdes for lower or low and ine(huin clensit,37 residential use, for urban and suburban family lire_ It al)1.)Ijes to areas having Cac,ilitles, and to carry out the above stated purpose. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-2. Designation of RS districts. Each RS (single-family residential) district shall be clesigoated on tare zoning mai) by the symbol "RS" followed by a nuralhor which specifies the required nunialuni building site area in thousands of square feet. (1996, ord 96-160, see 2; ratified Aiiril G, 1999.) Planning Dept. 25-73 Exhibit-2— S 25-5-3 H-WAi`l COUNTY COD1 Section 25-5-3. Permitted uses. (a) The following uses sha11 be Ilerzniited in the RS district: (1) Adult day cane homes. (2) Cemeteries aiid mnausoleuras, as perinitted Under Chapter G, article 1 of thl Code. (3) Community lnzildlmlgs, as permitted znlder section 25-4-11. (4) Crop production. (5) 17wellings, single-family. (6) Family child care homes. (7) ('Troup living facilities. (8) Nome occupations, as permitted under section 25-4-13. (9) Meeting facilities. (10) Nfodel homes, as permitted under section 25-4-8. (11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (12) Public uses and structures, as permitted under section 25-4-11. (13) Short-term vacation rentals situated in the general plan resort and re>ort node areas. 3 (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Utility substations, as permitted under section 25.4-11. (b) In addition to those Lases permitted under subsection (a) above, the following uses may be permnitted in the RS district, provided that a use permit is issued for each use: (1.) Bed and breakfast establishments as permitted under section 25-4-7. i (2) Care homnes. i (8) Churches, temples and sya'lagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Dav cafe cellte rs. (6) (lolf courses unci 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. (7) hospitals, sanitariums, old age, convalescent, nursing and rest, homes. (8) Medical clinics. (9) Schools. (I Telecommunication antennas and towers. (11) Yacht: harbors and boating facilities. (c) Mdldings and uses normally considered directly accessory to the uses permnitted in this section shall also be permitted in the RS district.. (1996, ord 96-1.60, sec 2; ratified April 6, 1999; ain 2012, ord 1.2-281. sec 3; ain 2014, ord 14-86, sec 3; am 2018, ord 18-114, sec 5; and 2019, ord 19-100, sec 3; amn 2021, ord 21-26, sec 5.) Section 25-5-4. Height Iii-nit. The height limit in the RS district shall be thirty-five feet. (1996, ord 96-1t'0, sec 2; ratified April 0, 1999.) SUPP. 10 (7-2021) 75-7d ZONING § 25-5-5 Section 25-5-5, Minimum building site area. The minimum Intilding site area in the RS district, shall be seven thousand five l,inldred square feet. (19961, ord 96-160, Sec 2; ratified April 6, 1999.) Section 25-5-6. Minimum building site average width. Each building site in the R'S district shall have a minimum average width of sixth; feet, plus two feet for each five hundred square feet of required building site, Area in excess of seven thousand five hundred square feet, except that no building site shall be required to have an average width of more than one hundred fifty feet. (1996, ord 96-169, sec 2; ratified April 6, 1999.) Section 25-5-7. Minimum yards. The minimum yards in the RR district shall be as follows: (1) On a building site with a required area of seven thousand five hundred square feet to and including dine thousand nine hundred ninety-ni11e square feet: (A) Front and real yards. f"iftcen feet; and (I1) Side yards, tight feet. (2) On a building site with a required area of ten thousand square feet to and including nineteen thousand nine hundred ninety-nine square feet: (A) Front, and rear yards, twenty feet, and (B) Side yards, tell feet. {3} On a building site with a required area of twenty thousand ,square feet or more: (A) Front, and rear yards, twenty-five feet; and (L) Side yards, fifteen feet. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1..) Section 25-5-8. Other regulations. (a) There may be more than one single-family dwelling on each building site in an RS district provided th(sre is not.less than the required minimum building site area for each dwelling. (b) One guest house, in addition to a single-family dwelling, may I)e located on any building site in the RS district. (c) An ohana dwelling may be located on any building site in the RS district, as permitted under article 6, division 3 of this chapter. (d) If a legal building site in the RS district has less area or average width than is required, then the yard requirements for the k)uil(ling site shall he the same is 111 the RS district having the largest requirements for which the building site can comply. (e) Exceptions to the regulations fi)r the RS district regarding heights, binlding site areas, l)uilding site average widths mid yards, may be approved by the commission ssion within a planned unit development, or by the director within a cluster plan deVeIopmeIt. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, see. .>.) 25-7-0 y p � lsi...tl.ri# �..ii M9•�: 3 ., € "'�' �a.'.^t_. I..,�a i><1�.z:. €� „# ., i ;si,rI �, �• ,�,71 ��.,"a a i'� i:. z, _ +.'„ s ¢ .. �i.. $i. `t". i, .. =,e - . .. .`�:s a.4 ti ., ,. ._. ..<•9;� i�et .. :.,3.i'.`..,, kk.T. E.? IV,, .!iT:i jx�_ d,., .;1 .,. "' a,.' � E '3 r. _� �.id t:'",£€ .....a„•.., . w a �'; ';�� 1.',".s, to?y i'?�`;;fai', r ,E: ~•: ..,., to , .:.., .'; . ,_i> . .JIE Vs IA t z Planning Dept. Exhibit-3— ? I 7 t. r ElP No. FIECLIVLO!'HUM DOLLARS MR RENT FRe'-APP 'SIL 1-C1-C)04.-osi U C J^:TW, INA ON EY �I�I����*■ JC L)EI BAL D, R �II DATE_—"'117-021 _..._N V o 74799 RECEIVED FROM '.{DNP-( F^il{4���Q 9ATA 17A(.WiLA $'_;VU.0 1650 {�1� Ct1 k [{,t.Se7� Ci 7{Z'�-3'}3j DOLLARS X FOR RENT FOR 967-APP j 104- 1-of-o0+ OS I ACCOUNT CASN 5Q)OD 0 CHECK PAYMENT W FROM_._..�... 70__._.._..._._ MONEY ORDER SAL,DUE OCREOIT CARD BY 1021 �} �enaitaxiy AY TO THE �� �•s� ��tlunCG � � SUU'0rJ ORDER OF-- -, j1t^�ay �'` DOLLARS t I - 4 i MITCHELL D ROTH Mt+�T aye DEANNA S SAKO MAYOR FINANCE DIRECTOR +: STEVEN A HUNT DEPUTY DIRECTOR COUNTY OF HAWAII Department of Finance - Real Property Tax Aupum Center,101 Paualii Street,Suite 4 1 Hilo Hawaii 96720-4224 1 Fax(808)461-4224 Appraisers(808)961-8354 1 Clerical(808)961-82011 Collections(808)961-8282 West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy I Bldg D 2nd Floor I Kailua Kona,Hawaii 96740 Fax(808)327-3538 1 Appraivers(808)323-49811 Clerical(808)323-4880 REAL PROPERTY TAX CLEARANCE Date: Monday, June 07, 2021 TMK: (3)1-9-004-051-0000 Daggula,Raja 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, 2021. 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 Daggula,Raja and is issued for this parcel only. by K Isey Shimabukuro OL REAL PROPERTY TAX DIVISION Paid up to and including June 30, 2021. TAX CLEARANCE FOR PLANNING DEPARTMENT REV(212018) Hawaii County is an Equal Opportunity Provider and Employer T8832SHIHAW sonic �Ue 7 . NQQ� �ryah a � Sa ref � Lot 13 i' e z d -- Lot C' .. Lot K 0 Robart H.Idosan,at of— dmfs > Lot 8329'31' —^ 265.54 0 32,457.47 S 23,782.01 E 'KULANI" 6 an 0 0 M LOT 12-B o tt t , Lat A ' 0. CORREC'nO I 1 Tanks.L/Tanya L Andrpda.Trst a— G+ > t; RAN T I. ,_ E _ "Or V, E A h ILn- A R_ 3R „ 1: �_ 01A 278.73 CORRECTION 0 -9RiSINAL y t = Portion Lot 11 '....... RTA KAausa Lod'.LLC Portion Lot 11 awnar f PLAN SHOWING SUPPLEMENTAL MAP FOR SUBDIMSION #2677 REVISION OF LOT 12-8 AS SHOWN ON COUNTY APPROVED SUBDIVISION MAP X12677 DATED 12/13/1968 PREPARED BY EDMUND WERNER HOHU BEING A PORTION OF LOT 12, BLOCK 2 AND A-PORTION OF GRANT 5562 TO KEAHILOA R. BRADLEY T OLAA SUMMER LOTS. PUNA. ISLAND OC HAWAII. HAWAII f'Py uao= Plan by Island Survey. Inc. 1k 1.110 1A P.O. Box 4215, Hilo, Hawaii 96720 April 14, 2021 yam. '�Rtl This work waf prepwod by me or undo'my supervision. NOTE: Lot 12—A was oorrecttd to subdrvlslon octkIn#7298 dotal 06/01/1998 pnrparad by Rodney M. Kowomuro of Hilo En a fng' Ic ROBERT • 4'PIS State 4 waNa. IS-5985 tU cw-Expires Apn1 30.2022 Tax Map Key.{3}1-9-004:051 R-1534 Size. 11' x 15' = 1.15 SQ. Ft. SUB 2677 SUPPLEMENTAL .o"s,aN NUMER APPROVED FOR RECORDATION wn am 3'rsa ddi -d'+Mla�+ces.snm a m—i vILS MAY 11 2421 BIz o:zsd TZOZ az DESCRIPTION LOT 12-D Being a Portion of Block 2,Grant 5562 to Keahiloa R. Bradley Situated at Olaa Summer Lots,Puna, Island of Hawaii,Hawaii Beginning at the east comer of this parcel of land,and on the west side of Volcano Road,the coordinates of said point of beginning referred to Government Survey Triangulation Station I "KULANI"being 32,457.47 feet South and 23,782.01 feet East and running by azimuths measured clockwise from True South: L 53° 54' 134.80 feet along the west side of Volcano'load; 2. 149' 31` 278.73 feet along Lot l l; c 3. 2390 31' 134.15 feet along Lot 12-A; 4. 329° 31' 265.54 feet along Lot 12-A to the point of beginning and containing an area of 0.838 acre. The above-described lot has been compiled from Subdivision Number 2677 map prepared by E.W.Hohu dated December 13, 1968.However,mathematical errors were found and corrections made on Supplemental.Map Number SUIS 2677 SUPPLEMENTAL recertified on May 11,2021. a I I June 04,2021 t1�'� T. f'F ISLAND SURVEY.,INC. Hilo,Hawaii LICENSED PROFESSIONAL �k LAND Yep &uwuEvta� j TMK:1-9-004:051 portion y ROBERT T. SHIRAI_. ...... � �11 is Licensed Professional Land Surveyor 5985 License expires 04/30122 G I � i ISLAND SURVEY, INC. SURVEYORS po BOX 4215 HIM HAWAII 96720.0235 5/27/2021 gPublic.net-HawaN County,HI-Results Parcel Results 22 ResuRs PanzllD C Ow r G Property Address: Map ...p�'7_';�;?.s': dC PSTATEOF14AWAII Map PW HSHIPMAN LTD Map. PVAMAMOT05TEVES 11-3927 OLD VOLCANO ROAD h7y-�R OKURAJ_OYCETOKIKO P RODRIGUE5,MARnN I 11.3931 OLD VOLCANO ROAD MiFl t9iFl�dhA1,?.lm. P GLACOMETH,GUIDO LTITUS.SUSAN J TR 11-3999 WRIGHT ROAD mvp PNAKAMURA,BERIN YUKIOTRST WRIGHT ROAD ?;'Mel NAKAMURABERIN YUKIOTRST 19-3926 OLD VOLCANO ROAD tl,p PANDRADE,TERRENCE JJTANYA L.TRST 19-3932 A OLD VOLCANO ROAD F"Sata PRTA KILAUEALODGE LLC VOLCANO ROAD ME'l ALLIANCE TAX ADVISORS .;L'pgfJ�Lt�. ag PVALENTEETHELE WRIGHT ROADSala COCKAILEEN ETTEE LEWPATRICIAM VALENTECLARENCEW EWAUKO,HERBEKTPJR LANALCHARLOTTELEIMOMI EWAUKO.DAVID K EWAUKO,8LASE U EWAUKOAARONI LEWKAUI EWAUKOWILLLAM L IIS LA NALCHARLOTTE KALEIMOMI EWALIKO,IRVIN K WHITE,VERA P F LOLOTAI,HARMONY K R VIVEIROS.MEL V M VALENTE,WILLIAM E KALJWALE,MARGARET K V COOKJAMES A SR TRS KAMAUDHAMARYA GRUBELILINOET GRUBEEDWARD M JRTRST GRUBEMIKAELEJK KUKILAKILAINC 815HAW KUUAL OHA EWALIKO TRST BISHAW,JACKSRTRST KUKILAKILAINC PSAKAMOTO,CLIFFORDS 19AO21 WRIGHT ROAD �.a2 31.11 PROBERSON,JOHNLEWIS WRIGHT ROAD PATIZ,SANDRA A TRUST 19-4017 WRIGHT ROAD P�,apS �+ S;3T�FP'„',,]!';�+'i'➢t:�{4i' PBOYERKENNETH BRYAN WRIGHT ROAD SANTOS,DE80RAH LYNN PBARRO.ILENE DANIELLE 19-4011 WRIGHT ROAD gip, t 9tA;.d-Gf➢C+"t(k a�GRUPIDO,PAULAK - VOLCANOROAD .r,„�ap. KERSTER,HELENE8 1."'�%�'?;a:w-un PANDRADE,TERRENCEJrTANYA LTRST VOLCANO ROAD sm,ap DAGGULA,RAJA P RTA KILAUEALODGE LIC 19-3948 OLD VOLCANO ROAD adv.,, IJ ALLLANCETAXADVISORS P80YERKENNETH BRYAN 19-M}13 WRIGHT ROAD J+1 SANTDS,DEBORAH LYNN ,121Ntj5'4,tip:h PANDRADETERRENCE.VTANYA LTRST Kf5„9fa g PREED,THERESA ANN TRST 19.3928 OLD VOLCANO ROAD t0lp. 1mm RVA PMASON,ROBERTH —IAIR MASON,PIILANIC Mallrmg Labels 15,Results Usz Adddlr:.ss Fr-rw. �:.1 l>�aer(..r iPe sm�ey .m4rsek�xcebekfi7ee TA6Nt9A: _. ShcwAll Ovmers dr slaba ¢51b�7 ® Show Pared ID-Label Lakrets wiit onay b+e e^�ernratad Eerz,rA_fS Lhak have�idressex intlse system. SWp Labels fnter4aP.latal mitling la,7eis that v aceed 5 fires arc niot.mpmned ort the Aildre's la Is(5160)For p iol—,&J-al addesses,please usr„the xis.,—or tab doemload Lrxc U. For Nal Mli L,1,rllk'CG 6a toda?e"mY<vr o'R,sttt.r§rs_ Schneider J ar'8`r i3,hcy GEOSPATIAL �,L?F�t_:Frjra�c,'_t3_atjcn https://gpublic.schneidercorp.corn/ApplicaUon.aspx?ApplD=1048&Layer1D=23818&PageTypelD=3&PagelD=9877 id1 I � � xri -51�tl) rt�X CHANGE OF ZONE APPLICATION Applicant: RAJA DAGGULA Request: RS-20 to CV-10 Tai Map Key: 3 1-9-004:051 Volcano, Pura District Hawaii island Prepared by; Darya ,Arai, Lard Use Planning consultant June 2021 DocuSign Envelope ID:A2gC260A-3DD04F39-B7CB-EF5239008DEC CHANGE OF ZONE APPLICATION CGH 1[)'F_PT COUNTY OF HAWAII '.KW?202 PLANNING DEPARTMENT (Type or legibly print the requested information) REI'T HAND t4E1_1VER'ET APPLICANT: '—,,&j4aggula T E. E: APPLICANT'S SIGNATURE DATMay 19,2021 ADDRESS: LIST APPLICANT'S INTEREST IF NOT OWNER. LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus, (Res-) (Fax)_ LANDOWNER(S): &L =R aj)a la LANDOWNER SIGNATURE(S) ao; Lav_�! DATE; May 19,2021 W LANDOWNER(S)ADDRESS: I—SO REQUEST: RS-20 TO CV-10 i-_-isting zoning) (Proposed Zoning) TAX MAP KEY: (3) 1 -9-004 : 051 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED. 0.835 acre 36,373 square feet AGENT: Sidney Fuke ADDRESS: 100 Pauahi Street,Suite 212 Hilo,Hawaii 96720 email: sldfuke@hawaiiantel.net TELEPHONE:(Bus,)_ (808) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent, ORIGINAL: Applicant COPIES: Agent DocuSign Envelope ID:121052A1-20D64COS-8837-16A149F6393A ATTACHMENT Commercial,RM,Resort&Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved,do you intend to subdivide the subject land in accordance with the approve change of zone? No If yes,please answer the rest of question 1 and then to question 3 a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. If your request is approved,approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide,please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No C. Sell or lese the land to someone who has no plans? No d. Keep it? Yes e. other(please state) _1.. DocuSign Envelope ID: 121052A1-2OD6-4COB-8837-16A149F6393A C If you intend to do either a,b,or c, please elaborate on the kind of plans the other party has. Please,also, include in your answer approximately how soon afer approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment,office,launderette,etc.);financing arrangement; timetable for construction;and any other information which you feel might help us in evaluating your request. Construction of 3 separate single family dwelling structures, ranging in size from approximately 900 square feet (1 bedroom unit) to 1,500 square feet (3 bedroom unit) in support of a short term vacation rental Operation. on—site parking will be provided for up to 6 vehicles. These proposed dwelling units are relatively small and the overall limited scope of the project will blend in with the rural character within this section of Volcano Village. 4. Have you performed any study which would demonstrate a need for Your proposed building and/or development? No If so,please elaborate on your findings in the space provided Below. -2 DocuSign Envelope ID:121052A1-20D6-4C08-8837-16A149F6393A 5 Have you performed any study which discusses the Environmental impacts your request would have on the surrounding area and/or the County? Yes If so,please elaborate on your findings in the space provided below. An environmental report has been prepared in support of the change of zone request and will accompany this questionnaire. The report assesses the physical characteristics of the property and surrounding area, consistency with relevant land use plans and policies, and addresses mitigation measures to minimize any significant adverse effects that the proposed project may have upon the land or adjoining properties. G. Are there any buildings on the subject area? No If so,what kind? What do you intend to do with those buildings if your request is approved? Not applicable ?. Is the subject land currently being used for any agricultural activity? No If so,please list the kinds of products grown on and Plow many square feet or acres of land per product? -3- DocuSign Envelope ID:121052A1-20DB-4COB-8837-16A149F6393A S. To your knowledge,has there been any flooding and/or drainage problem on the subject area? No If so,please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No If so,what kind? Is the road adequate for the proposed traffic volume or bad? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X C. Sewer X d. Drainage X e. Police Protection X f. Fire Protection X g- Recreational Facilities X h. Other n c)n -4- I I DocuSign Envelope ID:121952A1-2OD6AC4B-6837-16A149F6393A For those checked"yes",please elaborate what type or kinds of improvements and/or assistance is needed. I 11. Have you performed any historic sites study and/or survey of the subject area? If so,what were the results? Please,also, submit a copy of the study together with this change of zone supplement. No professional arcnaeologicaal, botanical, faunal or other physical surveys were conducted on the property. An assessment or these resources, to the extent .known by the app .icant, are discussed w.i.Lhl.n the accompcany.iny en:rironsreenta:l. r.oport. Doeuftned by: Signature: ay �� zszrz Address: 1650 NE Cornell Road;Hillsboro OR 97124 Telephone: Date: May 19,2021 6338A/50A P.D.5/84 5..: I COUNTY ENVIRONMENTAL REPORT IN SUPPORT OF CHANGE OF ZONE APPLICATION FOR RAJA DAGGULA Affecting Tax Map Key:(3) 1-9-004:051;Ola`a Summer Lots, `®la`a, Puna A. INTRODUCTION OF APPLICANT AND NATURE OF REQUEST 1. Applicant's Request Raja Daggula,hereinafter referred to as"Applicant",is requesting a change of zone for 36,373 square feet(0.$35 acre)of land from a Single Family Residential-20,000 square feet minimum lot size(RS-20)to a Village Commercial-10,000 square feet minimum lot size(CV-10) zoning district in support of the proposed establishment of three (3)short term vacation rental(STVR) units on the property. 2. Location of Property The subject property is located along the north side of Old Volcano Road,approximately 335 feet west of its intersection with Wright Road,Ola`a Summer Lots, Block"B", `Ola`a, Puna, Hawaii,TMK: 1-9-004:051(see Figure 1-Location Map and Figure 2-Tax Map). NMA 4: i SUBJECT PROPERTY „rJLL.0#kn j -env:: �t t i t. r Figure 1-Location Map 1 7 I i i axm8d Ln A, SUBJECT PROPERTY rax reanatr usnurr c�w4.c-�xrr re auzc Figure 2-Tax Map i 3. Statement of Objectives and reasons for the request i The purpose for the requested change of zone is to accommodate the Applicant's desire to establish a 3-unit SNR complex on the subject property. The complex will consist of three(3)single family dwellings,each sized to offer the option of 1 through 3-bedroom accommodations for a total of 6 bedrooms on the entire property,as shown below on I Figure 3-Site Plan. 4. Proposed Proiect Details a. Proposed Improvements: Three(3)single-family dwelling-style,one-story structures to be used as a STVR and consisting of: i. one(1)unit approximately 3,060 square-foot, 3-bedroom dwelling structure; ii. one(1)unit approximately 1,500 square-foot, 2-bedroom dwelling structure;and I iii. one(1)unit approximately 900 square-foot, 1-bedroom dwelling structure. i i 2 ( G:{z wn Z jai IL Y, V7, Figure 3—Site Plan b. Ancillary improvements: I. 6-stall one-site paved parking area,with one(1) paved stall assigned as accessible van parking(assuming 2 parking stalls per SNR unit); ii. Minimum of two (2)septic systems connected to the three(3)STVR units and accommodating the proposed 6 bedrooms(assuming maximum of 5 bedrooms per septic system);and iii. On-site potable water holding tank to support the potable water needs of the project and separate water catchment system for fire suppression purposes. c. Site development: L Grading of the subject property will be selective,and only to the extent necessary to accommodate the proposed three SNR units, parking lot and driveway,water tanks and septic systems. ii. Intent is to preserve as much of the existing natural landform and'6hi'a tree canopy as possible as both are considered valued natural features within the subject property that will support the rural character intended for this project as well as that of the surrounding community. S. Timeframe and cost Should the change of zone request be approved,the Applicant will promptly file an application with the Planning Department to secure Final Plan Approval for the proposed STVR operation, if required,and to secure its registration as a STVR per Section 25-4-16 of the Zoning Code. The Applicant anticipates the project will cost approximately$900,000. B. HISTORICAL PROPERTY INFORMATION 6. December 20, 1967: Adoption of the Volcano-Mt.View Zone Map as an amendment to the Zoning Code, establishing the zone district boundaries for these towns within the Puna District,including the existing RS-20 zoning for the subject property. 7. December 13,1968: Parcel 51, Lot 12-B consisting of 0.835 acre(36,373 square feet) was created via Subdivision No. 2677. 4 { P -3 e 8. April 28.2021: The Applicant secured sole title to the subject property from the Terrence and Tanya Andrade Trust. C. LAND USE AND OTHER REGULATORY CONSIDERATIONS 9. State Land Use Designation: Urban. The State Land Use Commission relegates uses permitted within the Urban district to those activities or uses defined by the County's Zoning Code. 10.General Plan Land Use Pattern Allocation Guide(LUPAG)Map: Medium Density Urban The County of Hawaii General Plan is the policy document for the long-range comprehensive development of the island of Hawaii. The General Plan Land Use Pattern Allocation Guide(LUPAG) map classifies the subject property for Medium Density Urban that would allow for village and neighborhood commercial and single- family and multiple-family residential uses(up to 35 units per acre)and related functions. (see Figure 4-General Plan LUPAG Map) Note location of subject property at the eastern extent of,and within,that area identified for Medium Density Urban uses,as highlighted in orange. 11.County Zoning:Single-Family Residential-20,000 square feet(RS-20) The RS(single-family residential)district provides for lower or low and medium density residential use,for urban and suburban family life. It applies to areas having facilities to carry out the above stated purpose. (see Figure 5-Zoning) Note location of existing Commercial-zoned properties(in shades of pink)relative to the subject property. The requested CV-10 zoning is proposed for the sake of consistency with adjoining CV-10 zoning district as a proposed subdivision of the property is not contemplated at this time. The concurrency provision of Section 25-2-46 of the Hawaii County Zoning Code establishes standards for roads,water supply,and civil defense sirens that must be met and/or addressed as part of all rezoning applications. Suffice to say,the request is consistent with these standards and will be discussed in detail relative to the water, traffic,and public safety portions of this report. 5 ( V , f. -1010W�DEN ��� p CZ Ildf UMlll IIIIII��U��1 iY�"X°' i;WOG" �Rim I�ll�iiI��IIIF�� 1� a �((49dl19fI71N� tiff ni iit�ila �J) x- � yi � r�� " �un�I'riifptyM1i�i�4�a9�iP'� � I SUBJECT PROPERTY 14 'NNI� II ���� 6b�I�MJd6YY111�1 P���e II_i EXTENSIVE AGRCULTURE �= Figure 4—General Plan LUPAG Map �tw'I�1�tNi� Ali tiP'" iugl'k fl@i 6�4- "1 Ii��r I q 5�1 1 Yui N A y 'trS� r JAY 1 � of Z• S .S .J K � i � t F ac» �e w P41 9 4 x Figure 5—Zoning � | � 12. The PCUPwas adopted 6yOrdinance No.08-116,which became effective nn August 27, lOU& 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(see Figure 6-PCDP Community Village . The subject property issituated within the Volcano Village historic core and Biosphere Reserve Buffer Zone and subject to the establishment of Special Design Districts with detailed planning,design standards and review procedures that seeks to protect the history and cultural traditions of the Puna District,which includes the native forests that are an important part of the native culture and especially the "6hi'aforest canopy. Such aSpecial Design District has yet to be established for Volcano Village. SUBJECT PROPERTY Preliminary Volcano Community Community Facility Diving zorling AoculturiL,0picri Zone Commercial 7nne --him Residential Zone Figure 6—P[DPCommunity Village Center 7 | Pa8e 13.Volcano Lone Range Plan: The Volcano Community Association (VCA)developed an update to their long-range plan for the Volcano Village in 2015,and through this update,identified the following applicable goals it wishes to accomplish: ECONOMIC INTERESTS Goal 1:Economic opportunities can expand far Volcano residents with small-scale business activities, consistent with the rural,forested environment characteristic of the Volcano community and surrounding areas. Goal 2: Commercial development will be centralized in two separate zones and designed to be consistent with the historic and natural values of Volcano. 1. Provide the opportunity to expand local services while avoiding commercial sprawl that would degrade scenic, historic, and natural values of Volcano. NATURAL RESOURSESINATURAL BEAUTY/ENVIRONMENTAL QUALITY Goal 1:Protect and conserve our natural resources and natural beauty from undue exploitation, encroachment and damage: 1. Reduce forest clearing associated with residential and commercial development. The VCA, in commenting on a similar rezoning action adjacent to the subject property in 2019,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. 14.Coastal Zone Management, HRS,Chapter 205A: The entire State of Hawai'i lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline,scenic and open space resources,coastal ecosystems, marine resources,economic uses,coastal hazards,managing development, public participation, and beach protection. 15.Special Management Area(SIVIO The Special Management Area is a part of the Coastal Zone Management Program that is regulated by the County,established to promote the State's policy to preserve,protect,and where possible,to restore the natural resources of the coastal zone of Hawaii. Therefore,special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options,and to ensure that adequate public access is provided to public-owned or used beaches, recreation areas, and natural reserves, by dedication or other means. The subject property is located approximately twelve(12) miles from the nearest coastline and is not situated within the SMA. D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA, 16.Subject Property: The property is rectangular in shape with approximately 135 feet of frontage along the Old Volcano Road with a fairly level topography. The entire property is heavily vegetated with a canopy of `dhi°a trees and an understory of Hapu`u ferns, uluhe fern,and various shrub and grasses and other native and introduced vegetation. 17.Surrounding Zoning/Land Uses: The subject property lies along the north side of the Old Volcano Road,which can be define as the primary throughfare through the commercial section of Volcano Village. The property is located at the eastern extent of what could also be classified as the commercial core of Volcano Village,being located on the Hilo-side of the nearby Kilauea Lodge and immediately adjacent to lands that were similarly rezoned to the CV-10 zoning district in 2020(Ordinance 20-21) in support of the expansion of the Kilauea Lodge complex and the establishment of supplementary retail activities. Other properties in the immediate vicinity to the north and east are zoned RS-20 with Agricultural-20 acres(A-20a)zoning across the Old Volcano Road to the south. Heading west along the Old Volcano Road will quickly encounter other commercially zoned properties accommodating a range of long-established businesses such as Kilauea Lodge, Lava Rock Cafe,Volcano Village Center,the Volcano Store and post office (see Figure 5-Zoning). 18.ALISH: The subject property is not classified as Agricultural Lands of Importance to the State of Hawaii,due to its location within an area designated for urban-types of uses and development. 9 P a 8y 19. Land Study Bureau's Detailed land Classification System: Soils within the subject property are not classified due to its location within an area designated for urban types of uses and development. 20. FIRM: Zone"X"-determined to be outside the 500-year flood plain. No known drainageways or watercourse traverse through the subject property. 21.Lava Hazard Zone: Zone 3-One to five percent of zone 3 has been covered since 1800,and 15 to 75 percent has been covered within the past 750 years. Same lava hazard zone as the City of Hilo. 22.Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property. The property is currently heavily vegetated with an extensive canopy of'Cihi'a trees and a dense understory of both native and introduced plant species such as Hapu`u fern, uluhe(False staghorn fern),waiwi(Strawberry guava),and various weeds and grasses. The property and surrounding areas are known habitats for several native plants, birds and invertebrates. The Applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. However,a recent environmental report associated with a similar rezoning on an adjoining property,as well as related comments offered by the U.S. Fish and Wildlife Service stated that native birds may inhabit the area and may include the Apapane, `Amakihi, 1`iwi,'Oma`o, `Elepaio and Hawaiian Hawk(Vo). These comments also noted that it would also be possible, but not likely,to find the Hawaiian Owl (Pueo)and the 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 animals are all common and not endangered. The US Fish and Wildlife Service noted that 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 has provided guidance on measures to 101CPage 3 3 3 i 3 i avoid and minimize project impacts to the listed species,to which the Applicant will I implement. I 23.Archaeological Resources: An archeological survey of the property was not conducted. I According to the Applicant, no archaeological or historical features are known to exist 3 on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. During clearing and grading of the property,the State Historic Preservation Division will be notified and all work shall immediately cease upon inadvertent discovery of any archaeological or historic features. 24.Cultural or Native Gathering Rights: According to the Applicant,there are no known traditional or customary Native Hawaiian cultural rights being practiced within the subject property. j 25.Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the subject property. E. PUBLIC UTILITIES AND SERVICES 26.Access: Access to the subject property will be provided directly from the Old Volcano Road,which is a two-lane,County-maintained roadway having a pavement width of approximately 38 feet within a 42-foot wide right-of-way with no curb,gutter or sidewalk improvements. On-site paved parking will be provided for 6 cars,one of which will be van-accessible. Section 25-2-46(4)(1)of the concurrency provision requires a Traffic Impact Analysis Report(TZAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale I and scope of the project,a TZAR was not performed as the project conforms to the County's concurrency requirements. According to the Institute of Transportation Engineers Common Trip Generation Rates,the project is anticipated to generate three 3 (3)vehicle trips during the PM peak hour and should not have a significant adverse impact to traffic along the Old Volcano Road,thereby not necessitating any traffic mitigating improvements beyond an approved driveway connection with adequate sight 11 ) PaSa distance. The scope of the proposed project as it relates to traffic is similar to that of three(3)single family dwellings. 27.Water: The subject property is not located within the service limits of the Department of Water Supply(DWS). Applicant will work with the Department of Water Supply and the Fire Department to ensure that adequate fire-flow requirements are met to support any proposed commercial use and structure upon the subject property. The site will neither be serviced by a County water system nor a private water system meeting the DWS'standards. However,to"facilitate the development of village centers in rural areas that are not currently service by a public water system",Section 25-2-46(n)of the Zoning Code regarding Concurrency requirements authorizes the Hawaii County Council,through its action on this rezoning request,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 • is designated as an " urban and rural center"on Table 14-5 of the General Plan;and • is designated for urban use on the land use pattern allocation guide map of the General Plan;and • provides for conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and firefighting. Like the adjoining property to the south which was recently rezoned into the CV-10 district,this request and location meet all applicable land use criteria. Relative to addressing the health and safety needs,the Applicant is proposing a water holding tank to provide for the potable water needs of the project as well as a separate rainwater catchment tank with appropriate fittings to provide for fire suppression purposes. 28.Wastewater: As there is no municipal sewer system in the area,wastewater generated by the project will be disposed of by individual septic systems meeting with the requirements of the Department of Health. At 36,373 square feet,the subject property is large enough to support two septic systems that should be more than adequate to accommodate the three (3)STVR units having a combined 6 bedrooms. 29.Solid Waste: Solid waste will be handled through commercial haulers or disposal by the STVR operator into authorized landfill sites or transfer stations. 12 � rt= 30. Essential Utilities and Services: Other utilities,such as electrical,telephone and internet services, are available to the subject property to support the proposed activities. 31.Public Safety: The nearest police station is located 19 miles away in Keaau. Fire services are provided through a volunteer company located in Volcano at Cooper Center, located less than a half-mile away along Wright Road and a County Fire Station located in nearby Hawaii Volcano National Park about 3 miles away. An emergency warning siren is located at Cooper Center. The County's concurrency requirements do not apply to the project as it is not proposing commercial or industrial activities equal to or greater than 35,000 square feet of gross floor area or introducing more than 24 residential units [Section 25-2-46(o), Hawaii County Code]. While an emergency warning siren is an effective means of providing warning of pending harm,the County of Hawaii does allow residents and visitors to sign up with their Emergency Notification System (ENS)that provides voice,email and text alert notifications about emergency situations within the County. 13CPa I I I STATEMENT IN SUPPORT OF CHANGE OF ZONE REQUEST 3 3 HAWAH COUNTY GENERAL PLAN 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 3 I through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of I these evaluations and decisions must also be considered as they may have an impact on i other similar areas in the County. Land use is one of the principal focal points of public concern and policy. The land Use Element of the General Plan provides the primary basis for direct control and guidance of 3, publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, 3 standards and courses of action to accommodate growth without congestion,to designate and preserve the lands needed for residential use,commercial and visitor services, industry, agriculture and open space,and to coordinate these uses with the County's service and I circulation systems. The overall Land Use goals, policies and standards are set forth to j physically plan the lands in the County in the best interest of the island's residents. I In addition to its goals, policies and standards,the General Plan also includes the Land Use Pattern Allocation Guide(LUPAG) Map,which is a graphic representation of the i document's goals and policies to guide the coordinated growth and development of all sectors of the County by presenting a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property and adjoining lands to the west along the Old Volcano Road are designated for Medium Density Urban uses which would allow for village and neighborhood i commercial and single-family and multiple-family residential uses(up to 35 units per acre)and related functions, consistent with the requested CV-10 zoning and the proposed development I of a 3-unit STVR complex. As highlighted in Figures 4 and 5 regarding the LUPAG and Zoning maps,approval of this change of zone request will help to further anchor the commercial core of Volcano Village that is host to so many well-established businesses,such as the Kilauea I 14 ' P ,g e i i I Lodge complex immediately adjacent to the west with Lava Rock Cafe,gas station,Volcano Village Center,the Volcano Store and the post office further down the road but generally within the same block. Finally,the proposed change of zone request to Commercial (CV-10)will allow for the use of the subject property in a manner consistent with its immediately adjoining Commercial- zoned (CV-10)neighbors to the west. PUBLIC SERVICES AND UTILITIES Access to the subject property is provided by the Old Volcano Road, a County- maintained,two-lane roadway having a pavement width of approximately 38 feet within a 42- foot wide right-of-way. On-site paved parking will be provided for 6 cars,one of which will be van-accessible. Given the small scale and scope of the project,a traffic impact analysis was not performed as the project conforms to the County's concurrency requirements as it pertains to traffic mitigating improvements in support of rezonings. According to the Institute of Transportation Engineers Common Trip Generation Rates, the project is anticipated to generate 3 vehicle trips during the PM peak hour which should not have a significant adverse impact to traffic along the Old Volcano Road,thereby not necessitating any traffic mitigating improvements beyond an approved driveway connection with adequate sight distance. The level of traffic anticipated to be generated by the proposed 3-unit SNR is akin to that generated by 3 single family dwellings. The subject property has a direct frontage with the Old Volcano Road, a 2-lane paved County-maintained road that is more the capable of accommodating the limited traffic anticipated to be generated by the project. The Applicant will ensure that a driveway connection to the Old Volcano Road meets with the approval of the County Department of Public Works, The Applicant will agree to a condition that will require a Traffic Impact Analysis Report(TZAR)to be prepared and submitted for review and approval by the Department of Public Works prior to Final Plan Approval for any use that the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips. The Applicant also agrees to a condition to implement,when deemed necessary by the Department of Public Works and at no cost to the County, any transportation system improvements to the Old Volcano Road that will mitigate 15 � ia e traffic-related impacts directly associated with commercial activities occurring on the subject property. There are no sidewalks along any portion of the Old Volcano Road. Should the request for Commercial(CV-10)zoning be approved,the Applicant is requesting relief from having to provide curb,gutter and sidewalk improvements along his Old Volcano Road street frontage given lack of similar improvements fronting other properties along the same roadway as well as to maintain the rural character that so well defines Volcano Village. However,should these roadway shoulder improvements be deemed necessary by the County and consistent with the requirements imposed upon the immediately adjoining commercial property to the west,the Applicant and its successors will agree to provide their pro-rata share for the construction of full shoulder improvements to the entire property frontage along Old Volcano Road consisting of, but not limited to,pavement widening with concrete curb, gutter and sidewalk,drainage improvements and any required utility relocation meeting with the approval of the Department of Public Works(DPW),in conjunction with an established County-approved program for the installation of curb,gutter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunani Road. The subject property is not located within the service limits of the Department of Water Supply(DWS). The Applicant will work with the Department of Water Supply and the Fire Department to ensure that adequate fire-flow requirements are met to support and protect the proposed STVR use and related structures upon the subject property. According to the Section 25-2-46(n)of the Zoning Code regarding Concurrency requirements,the Hawaii County Council,through its action on this rezoning request,may 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 • is designated as an " urban and rural center" on Table 14-5 of the General Plan;and • is designated for urban use on the land use pattern allocation guide map of the General Plan;and * provides for conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and firefighting. The subject area is not served by a public water system with no known plans for such in the near future. Volcano Village is identified as a "urban and rural center"and designated for Medium Density Urban uses by the General Plan. The Applicant is proposing a water holding tank to provide for the potable water needs of the project as well as a separate rainwater catchment tank with appropriate fittings to provide for fire suppression purposes in accordance with applicable requirements of the State Department of Health and the Fire Department. Wastewater will be accommodated by septic systems, meeting with the requirements of the Department of Health. At over 30,000 square feet in size,the subject property could accommodate at least 2 individual septic systems,which should be more than adequate to accommodate the proposed 3-unit STVR complex. All other essential utilities or services are available to the property. Volcano Village hosts an emergency warning siren at Cooper Center, about 1j2-mile away from the subject property. The County's concurrency requirements do not apply to the project as it is not proposing commercial activities equal to or greater than 35,000 square feet of gross floor area or introducing more than 24 residential units [Section 25-2-46(o), Hawaii County Code]. To supplement the warning siren,the County of Hawaii does allow residents and visitors to sign up with their Emergency Notification System (ENS)that provides voice, email and text alert notifications about emergency situations within the County. There are no severe geological or topographical problems within the subject property that cannot be properly rectified or which would render the land unusable for its intended purposes. According to the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency(FEMA),the subject area is within Zone X, an area determined to be outside the 500-year flood plain. The project area is also located outside of any coastal flooding zone or tsunami evacuation area. 17 1 P Therefore,approval of this change of zone request will conform to the following goals, policies and standards of the LAND USE ELEMENT of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social,cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood,community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • 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. • Zone urban-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Encourage urban development within existing zoned areas already served by basic infrastructure,or close to such areas, instead of scattered development. More specifically,approval of this request will also conform to the following relevant goals and policy regarding the Commercial component of the LAND USE ELEMENT: Goals • Provide for commercial developments that maximize convenience to users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions,communities,and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services,such as water,utilities,sewers,and transportation systems. • Distribution of commercial areas shall meet the demands of neighborhood,community and regional needs. • Encourage the concentration of commercial uses within and surrounding a central core area. • 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. Courses of Action • Do not allow strip or spot commercial development on the highway outside of the designated urban areas. In support of the requested Commercial zoning and the proposed establishment of STVRS,the following policies from the ECONOMIC element would also be supported by approval of this request: • 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. • Encourage the development of a visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County. There is a mixture of residential,village commercial and agricultural zoning and uses in the area,with the subject property and its requested CV-10 zoning being situated within the easterly extent of that area identified as the community village center expressed by the Puna Community Development Plan and supported by the General Plan. The properties directly adjacent to the 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 and vacant lands;the property to the directly to the south(across the 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 less than 1 mile from the Cooper Center,and proximate to long-established commercial areas containing a hardware store,gas station, retail stores and a post office. 19JPaSe PUNA COMMUNITY DEVELOPMENT PLAN The Puna Community Development Plan was adopted in 2008, and subsequently revised in 2011. The three themes of this plan are presented in the following order: • Malama I Ka `Aina establishes how the contextual natural,historic and cultural features of Puna should be preserved and respected.The goals,objectives and implementing actions under this theme address cultural and historic sites and districts;forest lands and unique geological features;scenic resources;and drainage, aquifers and coastal water quality. • Growth Management addresses how the future pattern of human settlement and land use should be shaped to respect that context and support the desired quality of life for Puna's residents.The goals,objectives and implementing actions under this theme address the land use pattern;agricultural and economic development; public services,social services and housing;parks and recreation and renewable energy and energy efficiency. • Transportation focuses on sustainable approaches to transportation to support the goals of the two above themes.The goals,objectives and implementing actions under this theme address mass transit and alternative travel modes,travel demand management and roadway connectivity and safety. An action specific to Volcano Village is the establishment of a Special Design District for the Volcano Village historic core and the separate Biosphere Reserve Buffer Zone that seeks to recognize the importance of the native forests within this region and manage land use activities so that it provides orderly development between intact native forests and reduce the spread of invasive species. The subject property is situated within that particular area of Volcano Village identified as a "Community Village Center", which provides a more limited range of services in smaller existing urban settlements and in large subdivisions that are experiencing the greatest rates of build-out and extends from Haunani Road to the west of the subject property all the way to Wright Road to the east,consistent with the preliminary commercial zone identified by the Volcano Long Range Plan prepared and adopted by the Volcano Community Association in 2007. Information provided during a similar rezoning of lands immediately adjacent to the west of the subject property as part of the proposed expansion of the Kilauea Lodge complex included comments from the Volcano Community Association that expressed a desire for the retention of as many`Qhi`a trees and other native trees and plants on site and the use of best 201Page management practices to avoid introducing additional Rapid `Ohi`a Death(ROD)during construction of the project. The Applicant will apply these best management practices to the subject property to the best extent practicable. COASTAL ZONE MANAGEMENT This change of zone request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is not situated within the Special Management Area, being located at least 12 miles from the nearest shoreline and not subject to any coastal hazard nor anticipate to have any adverse impact upon coastal resources. There is no record of a designated public access that traverses the property. There are also no known archaeological or historical features or artifacts within the subject property, nor is it known of any customary or Native Hawaiian cultural rights being exercised on the property. In view of the Hawaii State Supreme Court's" PASH" 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. It is unlikely that there are any valued cultural,historical,and natural resources to be found within the property. The Applicant could not locate any evidence of any possible adverse effects or impairments that will occur to any valued resources should this change of zone request be approved. Should the Applicant inadvertently encounter any remains of historic sites, such as rock walls,terraces, platforms, marine shell concentrations or human burials,the Applicant agree to cease work in the immediate area and contact the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-HPD), resuming activities only upon securing archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. In recognition that the subject property is situated within the Biosphere Reserve Buffer Zone identified by the Puna Community Development Plan with known habitats for endangered species of birds located within the general area,the Applicant will adhere to US Fish and Wildlife Service guidelines on measures to avoid and minimize project-related impacts to these endangered bird species. And as previously mentioned,the Applicant will also make every 21JPaG- reasonable effort to retain as many `6hi`a trees and other native trees and plants on site and the use of best management practices to avoid introducing additional Rapid `Qhi`a Death(ROD) during construction of the project. CONCLUSION Based on the discussion above,the Applicant finds that approval of this Change of Zone request from Single-Family Residential-20,000 square feet minimum lot size(RS-20)to a Village Commercial-10,000 square foot minimum lot size(CV-10)will conform to the goals,policies and standards of the General Plan;adheres to the general policies and objectives of the Puna Community Development Plan and Volcano Long Range Plan;will not have a significant adverse impact upon coastal resources;and would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 22 ) V'° �:a :I.ia l,5a� 1<<r�r�i� NO Anclt, Urn PIMU ing Dircrt n- (o€_€lw, r4'I k1%Nai-i Nannin' Repan€ lent 101 lQuahi .tii€'eet, Mute 3 lliK I H 967211 Jura 31 M21 Dcar I)Pcc c,r Kerb: `ulkje,:l: supple€rrerlt to Change ol'/orie :"llplicalion 1:etir!etit: R' -21) to CV-10 1pl_dieant: Raja C).t4Fgula INIK: I MK: 1_�9_004: 051, Volcano, Puna. Ihmai`i A t'telt c 11'11 I', ymir, nke r:l re:silonsi; to tilt•" Ung of change of zone application oil June 7, 2021 1'egrlrtl&g Be prrTerty as described above. please And enclosed "itis thi, Ioacr the ri iirw1 and 20 copies rst'Ir jAgp5went to le {_;i,ulrt` E_'€rs irrr slr €It i1 1'e 1 Li1: fi t t1 Ju ae20 21 ire We appreciatc the urac;ic,us oppor-tunity to supplement the inlNnation pro ded "Ain the at ginal sr_il,nrittaf, G,'c hope that v c have adequately addressed all oCthe additional inf i-madon dim was recltmted ordie <lpplicant. We yyntrltl ako Ile to talue 04 opp{,nwictp [fiat ill'nn you that erfectiwe hwnwdiatefy. 1S Hl be aMS using pi"in-lary rL`ipoisibility on Al nwwS the (I--CCS,' n'1 tA the �tll�jC t applicatkn" s ag-reed to by the Applicant anti Manning, ('f'llsultarrt Sidney I t€I<e. 1 lit rt'hVe, please difect copies 0}*all l'eldtecl c0111n)cr€tiQaLi0flto nle. Should you hake any clueMiuns, please Ib:l lice to contact me. ShweNK Dar, vim i E ncl: original & 20 copies of Supplement to €.'ount-, I nvironme€Ital Report 0, yy','encl y ra cm,,ial: Mr. Raja Daggula Mr. Sidney= AN 1'€Ir3'j ,,t, 00 1MQ I \W1.. t,tR!N yR1;V)€'€f.(3tA0Af Planning Dept. G 77 Exhibit-4— SUPPLEMENT TO COUNTY ENVIRONMENTAL REPORT dated June 2021 IN SUPPORT OF CHANGE OF ZONE APPLICATION FOR RAJA DA GULA Affecting Tax Map Ivey: (5) 1-9-004.051; flla`a Summer Lots, `Ola°a, Puma This clocurnent,,vilt provide supplemental hnforrnatir)n regarding the above-described County Environmental Report slated June 2€321 that was filed with the Planning Department on Jut'- 7, 21321 i he Applicant offers the following additional information with the understanding that the actual location of proposed€rnprovements may change to accommodate ground and other design considerations that will be more comprehensively addressed during the Department's plan approval procc=s. A revised Preliminary Site Platz dated June 29, 2021 is attaches{to thhs supplement, dentifying the conceptual location of a domestic water(potable) holding tank and septic systems with approximate dimensions based on preliminary siting;and design information the Applicant was able to assemble. b. The potable water tank is anticipated to have a design capacity of approximately 6,400 gallons and an,.approxirnate diameter of 13 feet, sufficient to service the tastable,eater needs for the three (3) proposed short term vacation rental (STVRj emits. c. A combined fire protection and dornestic water tank suppression, with separate plumbing between the sources, is proposed at the Southwestern corner of the project site. This water tank is expected to have a combined design capacity of approximately 19,600 gallons (2,600 potable:)with ars overall diameter of approximately 22 feet. Should this request be ipproved, this Applicant will consult with design engineers to ensure that fire suppression rnecsures are provided in a manner Haat will meet the requirements of the Hawaii State Fire Code, as amended by Chapter 26(Fire( of the Hawaii County Code, d, fwo septic systerns are anticipated to he installed to support the wastewater demands of the proposed S1 VR units. Please note that should this change of zone rcque.,:t be approved, the Applicant will retain the services of a licensed engineer to design the septic systern(:s) in a manner meeting with the repuirernents of the State Department of Health, that will adequately service the proposed 5TVR units ,while considering opportunities to minimize disruption to the '()hi'ra c anopy to the extent that is practical. I f'he harvest 3 bedroom emit, consisting of approximately 3,060 square feet, will be connected to one septic systern located between the proposed parkirr- lot �nd the Front pmperty line. 11 'lie remaining 1.-bedroom and 2-bedroom units will be. connected to the second septic systern located along the northwestern (ha'u side) property bct.rndary. ;, c Ill. Fach individual septic systern will have underground tanks of sufficient size to accortarr odatc a maximum of 5 bedroonas with underground leach fields h�.;ving c iniensions of roughly IS feet by 20 feet (300 square feet)- . Our understanding of the requirements of the 'Hawaii State Fire Code, as amended ray chapter 26 (Fire) of the Hawaii County Code, is that the driveway access Must be at least 20 feat wide, ,,vhile also providing for reasonable turnaround within the proposed parking area even though the length of the drivewvay will not ex(eed 150 feet(§254-36, HCC)and vvill ensure proper vertical clearances along its entire length (§25-1-.37, HCC.), As shown on the revised Prelinninary Site Plan, the proposed driveway is 24 feet in width and does no exceed 1501 in depth, w rite still providing for adequate tura-around within the proposed 6-stall parking lot. Should this change of zone request be approved, the Applicant will work with qualified design and engineering professionals to ensure that the location of structures,fire suppression systems and fire department access roads (FDAR) are designed and constructed in accordance with all applicable requirenrents of the Haw+iaii State Fire Code, as amended by Chapter 26 of the Hawaii County Code. f, Relevant to Section A(5)-Timeframe and cost of the County Environn ental Report dated June 2021,the applicant anticipates that he will be ablo to secure Final Plait Approval within 2 years from the effective date of the change of zone, should it be approved. Upon issuance. Of Final Plan Approval,the Applicant anticipates that construction of the 3 S-IVR units and associated supporting; infrastr+.icture such as parking,water and wastewater systerns can be completed within 'S~years. This revised Preliminary Site Plan dernonstrates that the proposed 3-unit STVR structures, the 6-stall parking area, domestic and fire suppression water,systems,and wastewater disposal systems can be properly sited within the 36,323 Square loot project site, in compliance with all applicable county and state regulations associated with the requested Village Commercial 1O,000 square feet (CV-10) zoning,. 2 ) I i 3 3 I I I I I 1 I I l 0 5' 1> , 20' 100' o SCALE,"=20." '=3 0. '1 3 PPOP05M DWRLIN6 6,4CO GAL.MIE5TIG 40X160' WATER TANK '.. 3060 5F INTERIM bit 5F PORCH W6 FOR 5 BORMS MAX. 4- OO t I I— I FIELD -- FIRE PEPi.CaNN. PROF. FROPOGUSF.D — O ELI.INS Di^ELI_IN5 I.. j 3OX30' 30X50' a O �-E_ACH-� 1 / ___l�FIELD j o ZONING 11^5 FOR 5 19fb0O GAF..CONEIPED FIRE Q GXRRENT ZONING,R5-20 PRPP,'>< ?DWELLINE{�UNIT5 EORM5 MAX. PROTECTION$DOh95TIG WATER TANK i PROPO�D ZONING,GV-IO ESTIMATED DI^ELLINGS UNITE:6 (MIN,REISII)IRED FOR FIRE=12aV GAL) j FRONT YD SETBACK:15 FT REAR YD 5MA6K: 15 FT PARKING PROPOSED IMPROVEMENTS SIDE YO 5ETBAGK, EMAL TO 51DE YD OF REQUIREp PARKING:b(2 PER DI-E111,16) J.._ Mr1 P ,s ADJOINING R5,RD,RM,FOX,OTHERWISE O FT. PROVIDED PARKIN5; r PLAN aTTacH6"ENT TYPICAL 90°(9x18)= 5 RAJ D.A...GULA PRELIMINARY'SITE VAN ACGEIBLE: ' "�` ' a. TOTAL: 6 r.rn i , :vy _� alscs e .. w v -a:vaiSHT 1 OF 1 0 5' 1C' 20' 1Go- SCALE 1" 26-0" 2 y✓✓..� 3' �i5,54 6,400 GAL DOMESTIC �f WATER TANK /I � 1 IWS FOR 5 i � PROP. 1 �� 1 80RM5 MAH.------- "! �1 DWELLING I LEACH 1077 SO FT `5--5— O O FIELDI I 4 C 7 fZ� %>i// -PIEV{ iy p \\ LANAI(354 SO FT Jl� C,r1,• s Thi.: 05 ,373 S�4, LANAI(465 SO FT) FOR 5 \ _ r 1A111 Jr/ `•�\`� ��f (J Q FIELD BDRM1Ax PROP. DWELIJNGPROPOSED I I 1077 SQ FT "` I DWELLINGI <� � i 2209 SQ FT FIRE DEPT.CONN. \ f I I \� LANAI(354 SO I LANAI(448 SQ FT) I 19.600 GAL COMBINED FIRE PROTECTION $DOMESTIC WATER TANK L_________--J ... ' (MIN.REQUIRED FOR FIRE=12,006 GAL.) __ZOd1C(G _ 1-13.;I —_ ?7,5 3 C6F'i'CCTLJPi _ CURRENT ZONING RS-20 PROPOSED DWEWNGS UNITS --+-r-W? 0R[CIP4AL PROPOSED ZONING: CV-10 ESTIMATED DWELLINGS UNITS 6 FRONT YD SETBACK: 15 FT REAR YD SETBACK: 15 FT PARKING PROPOSED IMPROVEMENTS MAP SIDE YD SETBACK: EQUAL TO SIDE YD OF REQUIRED PARKING 6(2 PER DWELLING) ADJOINING RS,RD,RM,RCK OTHERWISE 0 FT PROVIDED PARKING RAJA DAGGULA PRELIMINARY SITE PLAN ATTACHMENT Planning Dept. TYPICAL 90'(9x18): 5 VAN ACCESSIBLE: 1 He, caaa e ,s : , Exhibit-5— TOTAL 6 �.. SHT 1 of 1 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO HAWAII DATE: July 22. 2021 TO: Zendo Kern, Planning Director FROM Department of Public Works; Engineering Division ' SUBJECT: CHANGE OF ZONE APPLICATION (REZ 21-000249) Request RS-20 TO CV-10 Applicant: Raja Daggula and Shalini Kapoor TMK: 1-9-004:051 We have reviewed the subject application forwarded by your memo dated Jule{ 20, 2021, 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 development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 0. 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). .Lone X is an area determined to be Outside the 500-year floodplain. 4All driveway connections and construction within the Old Volcano Road Right-of- Way shall conform to Chapter 22, County Streets, of the Hawaii Cor my 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. 5, 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 in'iprovements, and any required utility reiocation, meeting tile requirements of the Americans with Disabilities Act and the approval of the Planning Dept. Exhibit-6— County of iiawoii is an Lquio cl pmumty Pro VidQT and En1Pk)k=Gr I I' N I� ®2+ 60j Department of Public Works The improvements shall be located within any fUture road widening setback established by the Planning Department. 0 Install streetlights and traffic control devices as may be r-equired by the Traffic Division, Department of Public Works. The applicant shall be respors ble for the design, purchase, and installation of such devices. Questions may be referred to Bryce Harada at 901-8042. Co nv o Haa air is in Yqual(?pponunm,Prte,ideT and Fmpjwor 1 v t WYNN t; MA ..._.... ..., w .._.... _. .. I�t): i~GIr, /erl�lt? l�;.crta. 171.�:c�4;fr PlimCling 10lumcnt I [MM: Keith K. t)I;arrio toklat€ager Chici .rr{gillecr 'ppl`scant Raja [Agl;Wa and dila;t hd [4ar[ oot— 12equ st– RS-?til to Cv.1€► Tax ,N'llap Ke1-9-004:051 We hal,c rc ic"M Clic' Who 411jAltCCtltlr and have the lc7l[O"ing ct#rnnierlts and c(?rddldon s. Picric he dilloaned that the sul"cct property is not within the sctwkv lirl% of the lkp rtnlwat`s C%istili t wa(er S�'s(Cm facilities, 11wrebre.. the I idar unit's MOW "ater gstem facilities carr€ot sllpport tyle propo."t°d cha.az-c ot` .one at this Onie. I \iensive i€pixi,era tints atad additions.. Mich may illcl,Oo but riot he lirlAW w source. suorl4_'e, ht t"wr pump, 1;'ll"a411I"Ol- and Clltirributh"i Ihl`.El Ns. i LACI he t't'q(lrred, Should there he tarn gtwstions. l}Icase eontacl Vlrt I*roy `'amara ofour Wwr- Rewntr-ce, and Plat uAng lbunch at 961-8070, e:xtcaltiion 55, Sincerely Roll's, { A Witlr it. Mamoto. 11K. kl iC]_I"�eI" - C.1111'1 1 r?"iClt'ct" l Its et?1l� 'Raja D acre"(..11a ailt_I Shalini Kapoor Planning Dept. `l a steo Our`MOSI c'Ire cioru.y'R ,ource . . , 'Aq `�i°ilne . . . Exhibit—?-- T ne Dep_&+s5'.of r',mr Suply b an ccv.3!,Opp %nhy,,ar ,rta.'and Emphyt. C?AVID'l-IGE " ...'t a ' E° IZABE i H A.CHAR. NCO loftyl STATE OF HAWAII DEPARTMENT OF HEALTH PIT BOX I H --id O I1s,e'!A1 ' 1 �. ty ATE: august 13 021 t'lantwKg Dire€vtol, t`iluitty of tlttw"i r District Frt%ivk�uiucntal Elealth Program C.'hicf St KILC1'. C EI nr e of Moe Allhictlav (1110-2 1 {)t.J(l 49 Request; Sino e illtlilw Rct idCuLitrl R -20 tcl liillao ° C"t)illnlcr ,tl CV-1() All)lic nt Raja Daggula and Shatilti Kapoor T N'l K: 1-9-004:051 '[`tit; applicantra�tnticl slc°crequt cnwnl`� € f our I eputtrncnt of lair fF€lllution Rules, Chaplet 6(Y I. Tilly 11 , Sue of Hawaii for t'rrgitivc duo control. If thcre is need to clip, ws'; dose Iucs,ntrctllcnt,), pfk.,ase contact out (loan ,fir Branch =;tfl'at Ph. 933-040 1, Nblic Water Systems: The Ekllwrtlr)eut of IMh's Safe Drinking Water Branch a ttho iq reit clrirkin_= yyarot rltialily is based on the denni bn of a "public tvater system:' Federal and slate regulations deli w a public wvater system yrs a system that serves 25 or lrnnv indNidu is at least 60 days per vt~,it'ut has at Out 15 tiet'vVe t' mnt't;t]€)t v All pub[ C' %voter svmm oby'rIf'i'°; and t}cr ilt)r ate' rcclt dcd 1e) comply A ith Hat \,tui ,'ldminisnatil,e Ifufe~ CT meter 1 1-9) 01 R 1 1 0 atict lith d 'VL1Jc Relating to 14blic; "'alcr SIAl tats' . All public: %Vatc°r sy,tctta al- I— )Lddted l v 0o 10partin tnt of l lcalth and shall he in Comflli UWe With the 11aVV. tii d1'1lilriwtrJtive Rules, Me t 1, (Turlier .'_{}. R a';r interns the subQ ilio n fol, he comiceled to 'in '''Jstur''2 ruhhc GVat t Concern, on by'l.iti't quiltty Am lead. c(Milch alpac alyd rK r'ti3hiolog ical and t1t'llncal e iltltalTlltloRms rtr 10% water sytitems have idem tl ed the need for stilt monitoring. Tire FrepariCnent V t Van 104 not `,6Mllmt the toe of thew llrtNMc ran c,aichtlic".tlt systc rns Am- 1 i'r'1"i"l ' 1)uI tt.-)"e; , siuC (he ilntllity May u0t meet l`)tAa1?1iv tw aii.'T :stCnvdard., . -111 nm% public i8att"`i' :i1wi:rns am reLluurtd to dernoll,"'trak" and ! loci ITlitiln"Llin capacity ("etfuli"c17 eno, prior to tleir C'tahlitihvnzcnt, per I-L-NR 1 1-20-29.5, trate KjaWy Dr:tll±.)11`umi n and Ev uWIt n:' This recli_tirenwra ittvAnes clerti€ nstr,rti n that the sy (carr trill have satisf'tctcary tearmical, managerial end firL cial capacity to enable the syLcm to U )rtl}-)ly With scdt1 --drinking, %vatct' sta nd.irds ;ind Tequirements. Planning Dept. Exhibit-8— AQalst 13, 021 lOyci 2 4 6 I11P0""' LdcACItIpInc III of !1e14 1'0WCCNCO Ist,lhlc' \\mcr Nen in or 1]it?Pon tis 5O%u as PAR tvA r ,t"~teln r1]mt cornply ~`rift do wiinN n1 I I A R 1 100 A. Thi" ,et Wfl I.'CdI1_c,, Iha1i ON lviv Imblic 1tNITI `vNOIn ­umv41)C qplwmc,I h~' tdIC Iecti)!'a1l I I caly I IINmt•t, 11 d'-Ih'I €" ON ni,e. Such aWl)rmal Iti Kamal ptIn7:.11`llt 11pi_all [ilk: ,uhullS�atsn .)I Wa 4a1iWjk1aq`! Cnlyi 1C'Clll:.; ralyq "Mora ._ttdtlre"m the r '�lalirc'nit'ni� pctiillk'l.d ill II.�R d d- {)-?1;`. I lie lt'lrto I]1I1;t is lllidy ;ll) (1c 11C'llli,,l) n Irt c'ti A ClollOut Ina!uM dill C'ialli<It ' alitrnatltt-t'ouind measures "hrch Cul_llcl he 111q lernelied t(I reduce ca] cjunival, the pt,cldrl;ll l�alr tilliltrliii111 1t 1:`.11, IIi,'dtuhm tMatlaie.ni tri Ih th`aLtir k+aa!Irk: .. In addition, tt',Irel` quail t`y atn,1lt �t� da'�r it regulated coninnlinank. performed k� a liahclrator� certlficcd by tdx .>tll e l_ahalratcalin IN idon of the `tate of I Iain AK, must dlrr ,ul-llaiuc(1 al, pjICr( of the report to rltlii an tithe compliance chilli ON eddnk&g t,Ywr ,talnclartis. .Additi nal pxlraloctm may he rcciumal by the flwctc)r- l'sar CIMS mWinUliai oraadadilu nad t=M4 required rli_on Its to her wvkw «[tlic infA r1mitln 411hr',�t�t�t_d. AN M)LII'L'u'ti +aI r7 IMC t1 ator Nystrom Sa)a.ir(:VS Masi €Inadc.rj"_0 a 3171_l VO hater .'('',SC`,NuICI'lt `,11iJ) tVIN delineate ,a source waicr prot:cctio n art~aa. ]-Jhli, Iq.(wcsS Is prelnllnitrry to tilt'_ creation of a1 �'ourcc water ImAcctil n plain An that mon—ce and zactititi 's which *11 take place Ri pra ica tdlc s1]urcc or drinkim ��MA, ti 1 Projects prtJh)"oIq,' it) Cdocclop ney,t pt(hdre tt`atcr,S)`>fi ms or prtlpaWrig wUb,t mtki I3]tmIIIIGI1liom to cXistiul'J I]Llhlic wmer systcin, nmA recent cti? rs ruchon plains appmatl by the. Dircctr}r prim to mems rmlAm (A the Ilrc)p ned systern or 1ilndificatkin in ar.umdantie "itdi IWIT d 11434 tuled -New and Modified Public \4atcr SystC°rws Thesc projects include trtiatrnent, mrge anti i dhstrihution _,�ster1s of public .vauc Asim v The appa]nd authority for prtalcc is owned and r optiMc:d by a (Iulna•,' Bonrrd kat Department of N'v`awr c)l' NVOter Suppl) 11a; teen dcicLatcd It) thein. i N I.atldllo ch yc r System mmt he ope oied by certified distrilltaSm syntem and kkater treau-lent plant clperaaomN a, c.def nccd ht FUR 1115 i de d. "Rule` Penairl ng tt.)C"ertif`ieal on of Public `CA"aater ` 'stem (tperaior " 1\11 IIl r ews which dire[mc the use of,`dual taker gAtc iffy or the use ora no pot4ldr e %;met, s1`smi in pr(a,~tlnlrt`}' ti) in eximinK„ pmable water SYSI-Clll ta> 1711'ct Ii"11236011 a_7r 001=0-r' fiVed,' carefiddly d ':via n and tl?carate thew :Systi ms (t) plc crit the,' cros,-0tIlI1C''t'holl of itw',c `'�s k'llls Ond pI"etcnt the poa I llAHO t)t ht(L'd.td(?tt'' of a awr hum td74: n"r pcalathk symem to Inti, pt,m le q , orm file IV%0 (21 s t,'<,leolls n1wo ht," cl nov Mc°led and phys allt sela.lrtaed h5 ;.air harp, a t imliwad liFCNti IJVC principle ha la`lo\1' prtitcut:ion dc's' ces tC .ie`calad Luntandriating the: pond,k "mor willd)Icr. fit Odditicalr h.atlxfIo k devices must he r�-S(c d periodically to ;as.surt' (hcu Proper Cyperation, 1 FLirtlrair. all mm-p{Radio Npi_nis ml irrigated ;!arts gid'oultl he Cicmi, Wied cOdi m umnig ',igm to Inevas the Ialartdlcrent t`onwumption on na)it-pot.thle wtatet Compliance with II,AR Ch;-apier I I as L litQd and ISackrlo t' Control is oko rccltliral. All pi't)lectq which forlmsti the estalhlisnrrient 01'a puWntrF.add~" ctamarnimIting 41wh 1l ;as i Identified in the Fiatw ak Smuce Water Asse,,sment Plan) u iahn the; SOLMCC vvwe t' prowcdon crest { of an existing vource or water for a public water mrppl� should aaddres, tail': pcltentiLd and activAies that will be i_rraplernented te, prevent or redUCe the potential for contamination of the clAAlone mater source. i r`cn�i�i l���rn AC glint 11 012 1 14<.w3 +1I6 I"tit' Iilo r ink tE'Ifi<twin miccnn no the ;gipliC;ilOn tiE t:ct1},tl'by nww ti47ttuc alhy"t)t'[il, 1walit w ��'t�trt�:_i!1€>rl �:iir4t ,�:lit��' _i'.'�t"��tl�lt't�, `��lCl�llt)\'C?l'I"tt�,ti-C'i7i?fi!L`Ittttl Iti�C`i� i?t;?tl tli 14thct I��€hllc N aril INriyriiii PkilseomIact t1w SDTV H at 586 'tis Iic MpaHiMi[ W IWO rl)t.HIL ( 1"n TValer Bralwh 1(AVW, rcccim cd the Won t cti_lcirmom on July 23" 2021. I'lic C WH h,i, Hiltitcd fnhirliiltticl_i tUcltii,iiric'tl its the ,4Q€ t LIATt°ilWt"it :slit t11Ters tltc I�irIIL�G�nig ciltiitlicnts Any pRju't mid its Iituntial imparts io State www- must meel tlic' SUMN: I AntWeaia€Ia on polimy , "10ch requires that the C islM9 LINOS and the level k4 water quality mcmag t ) hrritec:t the exMing uses id the imem in Stat tis itc°r he irl.aiI'll,a tit:d and prcalccic,cl; l.)e;wrlAwd rises, w rletumi ied by the cla,siEicatiiln of the recciv iii,.= State \,l iters; aticl <� alei qualil, criteria [Hawaii ,A'dmitiistrativc° IRA, t}lARY Mrliter 1151 , " Swii€}n 401 TVato clualb), Ccrtiticatilin (WOC) is requircd it'p1m prqwYalwityl Rett dre`+ a Ie{_Mall I7eri&L license, cerlthnite, al)rwov°iil, resvisuation, or `>itrtutt r,' exemption and ;Xlay rc,,t:lt in a discliwge A*) Slate eaters. The term `-Ch,'chargye- is dehired in Man Watch Act, ` uhsecthm 02( I6), 1412t 12), and tan— ies o -discharge- include, lint are rl"t litilited tos allt_} ifig [lie. t'iillt "inn pollutants to inter State waters from the surface or in -watc vt s(did %c aste,: rockisttitcllclirin Beat. smage, ccmittc•t on ciebrK anN Lincicrkv aI('t' vi ork, cli lie.mica 1112i(k (I Lt':u,l?rtiy/paiM, ZIP,IietlItLtrtll tiVd',tei,, hOloei til t:tlxcri:il"), indtl5t1it0 \4<tgcv (Nmcrete/se41h1!]tkI'oxy. and Dcier'n line. It yt wr pro Vc'ihlr.lkily requires a lie€ o—NI pamrriltt, ItCCI-) :le, CCIJJI)C: lle,w al"17;t»'sll. l 4'!4 llilit il, u. -,taultm; mo€lNOn 1"r\ manting aw til"ipt'E)priate Wral UtrrmW ic.g. 1)i~p,:rrtinent of the Aing (DA), C "S. Army Corp- of f't1�in er ICOFI. f'acAN Weim Minion IIr:1ni lila District Office (PO H)-IM: i~s(4%1 83` a w , US. Em'ti` tilted i Protection ,\Len-, el: 41 l Q,} f 8021, I olcral En I!, Mrl ;i oro (Yt?tl min1 i(1 lel'. 86600-337-`e U.S, (`0' \t GLiat'd OfAc'cof 1'°atAlve P1,0gi"inn -Fol: 202-372-15 1 1h Tu rcqucsl a S;,Cti n ItlI V,' )Q scats r US11 CUUNPleime and %Uhniit OW SCUTAMI -telt TIVO_" allplicalionr 1n\ appli,:,.ition is iii lit alxl4 Lei-! To Mt"itlittMg Portal GL:ebsim, It�cated �,t: , Plane see 1- AR, chapter 1 1-54 :for the State* W tet- t'Udlit ' Standard, and for m sire ii;tkvina6wi an the Section &I WOC, E-ARS t,7hapter 11-54 is av-iltahle i.:ilt the CTkB websiii at ,-rtl�"i',_ /cmik, pull] Amid Q 100Wl IWUtM INwcha€l-c I:li{t�iit;itWn `v,,tcIn (N[IM=S) i,ti�rm� t ��,tiLi:r�F�� i tc�clr an! Mr, -. tr.rtlli a-w�"?C` nk"I willi C!mmaUKm mix Ili Calle Win cs it 'x[W i I % ,ECIC catIM11C. ]._and tllwillrl"rrn"C lnc'hrdl"' Nn 1�, Ills( Iliraltcd 14" tILU#)ill�'llt Stit �'silt,l Nk ) i?C ltts_[ ' hlt";€i71 tt.t((`C aNscwhilt tl luh indult d activitics Aw Wilawn Yoh `'tk:llltiL I IntlkiCHN (` nsificartioil (ARR, ivauh col to 40 (TR 1220609 Wh i l ilumu ell (i X) .IIrI (xi}. -Sktlrin "M anti LWain non-wrtwin "mi r C-om a ,(ball Manic ilk Symat, IMcluit es of water judlutarrlt, ink) Sttatc Nur[ Ce It 1ttCt' L"xarripic's of thc'C discm r{.rc, iracicicic,, but erre Ialrt limbed ub circrhng "num hydRic,ting w ite.r,, cle atcrila,p J11w2m and pr'yc" "me"4k ep Usc'harges Itm the apphctrjon t>( pe-aielde iklc'l;.lcl tr4 IV tici 1� , herbicide,, (1141{'11 idC'we lur. enticides. aml t a(I nus Mier ier hubmanc os tt7 cclr"t rol pe"ti tt: StatL: v'ater'�' An application Or tit NlI'DISS iritlil i lurll p rnih naw he wuhnrirted w lint 180 c°aVircliir clap heforr thQ, coma ol'Ct"ltlerrt Of the chwellrla Ue 01- stMI Of CCMNtr'Liclicrr; vkvd iti<W TO f0k]Llc'st and ;"PDES MEMO O pet'iuT You must mupPle and scil nin: die NI)DEt,S indi\ idclal I)CITntt a rl)lalicatitrrl. TIUN allplicalit,r3 i available On The c I'trrinittinig Portal \keh'rtc located tri' Nmict, tll IniLefit (NOI) fo!-cl,Eyrtr9c U m4r a wpccihc Nf'D .o, �, cneral perm it mint he sclhrl,itled at Wini 30 cale.ndal dais h(,tt)le the ctatnllwnceme.Ir of we chwhatic (a tt ul ( l onstmct on cli'kl t' ics. lb r"C'iIIIest N f I)T;S menc cal permit cmcragQ YOU rlrLlyt COInI_)1 tc ant-1 , rhlrlit the IN(_)l. 'lhe N101 i`' 4moilahle on the c-T'crill t(ill._' Portal etc hNite located at: Flea,.: ,cc HAR, Chapter I 1-55 Or nunv illi min ltitln 1111 the TDE:S indi� ldu;:d rVirub Wird IqF'I)l -S alieral Icm1n , Thir pcc•il'ic NIMP) ,,cncral porn it located m lI-DTZ, Chalrtcr 11-5, Appendices; B ditoci t r M. T AR, Chapter ) 1 55 and ll:"R, Chapter I 1-`l5, ''1flpendicc, B thl_(41111 ll are a\ailarhle On the (AVE') %�eh"itc rlr A:'i'Y31`C' ng M St,ite law. ar#I tll`it.'h:1mes rc:lat{:d to the I ro'j.ec;t C,_)m,-'trLIC,tl07n tit' open ti{Ira IntivNes. whether Or n(ol S`F'DES p ..rrrait coverage <rr dJor Sectim -101 NVQC are required, InLISt c0lnply wah the Stme', W'ar r Quality ality Stand ard,. Mordtoring Ul7S 1' CH1 At.iMr',1 13, 2021 11rt_4' 5 tri 6 * f`ffluci ( din tw C :.rookri'o't r in; ll k,'r 11101)i!W111 . MlJ; ' €1C 1`i:i€rn1Cd J14 t'!krltlrtl;lll� `s€ ')cHoll k)l wAtired {}it,rlltY conilr ati(in'. 'nal (iionM.l':d ,,ntl 1r (liWhad flCnina, Enl'imemunt Nt,Elcnrnf,li.Pwc "Ah "Awrtymilt, rcglrenrc:nts e,,nvAnecl in fl 'tl:_ MWwr ! 10-4 antlhw pcniiinow reLfuirVIOC1 t1 ,l,eorhed in 11 R, t'li�iptcr 1 1-`;5 ni.i he. uhjoct W flen 4lttt q of �22 ,()00 per day pet '*io laiio w * 4%4dalkiin of l law<kil HOW SWILK 3422 arltl 312h trick) alit ii atlitiCmsuAtim Lill! tank! Lriillin d petlErhks Or sudi Wrttic m. PapHMed RLrnk.aR MUM * klario-c pr(gcc.ts iLltit7lihed its "<1t(;k'sheWrice p'hni tl7t>t redme po1lL4 cd r'tm"ff And c°rlc.rcak the pUMV kout nnnpc=int st7Lrrt✓e ptllltition. PlOiC :t4 are WCOCLI thim,wh An Airr iN request Err pr(>1m mil~; Funding is pR"ided by the IAN\ ttlr(4ush to Marr Water Ak.:t. FQ noire inCkHrrrim.Rm on hlknleck; and luridirig elppklrtLinstiCS, plcd�,e l'I�;rt: Cc>nurLwhon ;:retry rlies r1tmt comply tk:ith dict flrk,tiishirls of llt."'ai4 Adminiktrtrlive Ifules, Chapter 1 1-46, 'firrlT amity Nokc C:"nrlirc?" 11 The conflactor mast Munn a done pernm if the We lev k from th c(mistrnckin acn itws Etre e.xpe.eted to cN eced the Eillk.3wahle lcGck (3t thc rules, E_ii7l trLr 'irttll e lLiipnletlt and tw she vvhk`lc, VC(jtllrrng k_ktF cmh,'-ar ( of .ir i'?r mr 111011 ho eclklilll-7 d with zlaul l ICI'S. 3, The contractor niLlst c:ompl) "ith the requircralenrs pertarn.irlg in ck'nsQLrL•iW t(t:t[i I{lc'r3 As ,1'ec rlled in tire; rules and l't1c with clic fl,t il{t. `hOliltl 1110 1C be Any LIMIAM on thk unutek plk.%nc et)llum to tOpmonam of 11L With at 933- (HAT We re..'k.lrlirnentl that bt-?ti rew le" all of We `unrl.rr1 Ct ninic.'nis on out t Ci tit! 'PeAWHY of i lllicable to this prtn c:t should be adhered to, The "A rle wch1 i[C aISO eeatWCS a HeUlThY C'Orirritclnit, 1kmgn Snlart (;rm th Cfleckhst (t"he lit si) t ie'aied 6V l Udi Enyironnitrlt Wokili'+a trrc)u l r 0#00 (if the hath. tii State Depctitrnent of Health, The BEWC3 reC(rrl r ICIRls that :}trate and county planning Llel rtrrtents, developers. planner-s, enginyers and other intert.stett par.iks apple the healthy built environment ironment principIcs in tilt•✓ Checklist whenever they plan or review new develnpmems or redevelopments Zedokmn ) «u2 !2 d" i ) P « 6 y 6 z ) ) pm; ill 2 /e, mLy m k! G Chv it 11 3 3«mj'�Ja MM!IM hG2Lyamm«3y2�\+ ) Mitchell D. Rath Ramzi I Mansour Muvor I ?J;r£'cto 4 Lee E. Lard "'r>,6. .�*" Brenda Cr. lokepa-Moses Avl000.jing Director Dr puty Director County of Hawail DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanaoo''a `Stret,-Suite 41 >Hilo,, flawai' 96720 }h. (tet0811 961 083 ® Fax:(C 08)961-80,C 6 Email: cchclernCaNhawaiicounty.gov 0: Zcndo Kern, Director Plannl€1�T Departilletlt ,Rt1, ( ' t� . , 't t. ... y{ ;J, 1.'tx��,r1 �:1`all�tt231', �)?ri_'��*fit ll Y 1)c:paarwicnt oft-„nvir n]inentatl \4,inar,„'cnioil i DA l 1-,: July 2; 2021 `t_;1RJF,C;C: C'har]oe cal`Zone Application (RFZ 21-000249) Request: Sitltille-1 anlilx residential-2"0.000 Stluare F'ect (RS-20) to Village C't:mmerciatl-10,000 Square Feet Applicant: Raja l ats4,talar mild Sl]allini Kalpc+ot- 1'l IFC: 1-9-004:051 'Hie ~olid tV alstc DI' sign has re.v levN ed the st bJect a pplication and ofi-:rs the 6611 ]vv ing conlinents ind/or recommendations ti:ontact the Solid Waste Division tier delatilsj: } No carr?nlents. ( l (. )lYir]lei'i:lalt operations, "State and Federal r3gencies— leli lous unlilies and lion-pl-o 1t oru1,111i1a atoll I'll a1'' liot tine transf'er'staltiioiis for disposal. ( ) f' gu eiTalie ai-Id an 4' other con,.trttctiotll/denlallitWil vvaste should he respolisibly reused to Its fullest extent. E i ikii)ple alrld equal rooi]] should t e l}rovided Itlt'rubbish and rc:Nclin” { } Green v%,Llst,2 nlav be tralnspoi-ted to the green waste site, located aft tate West 11a vvai`i ! a clijLv and I-.ast EtakUi-fi Or Other 4,nita ale diversi011 pros) aallis. { i C'cntstructioll Gild dcrilolition "v v to is prohibited at all C Cunt% 1 rtr]sfer Stat clils. Subillit solid \t ante ,kfil1la(_'eTI1ClIt I'latia in aaccorda rtee with attached gtaidehnes. ( ) 1"xistim—,, Solid Waste Maanalv'etlient [']all is to be Proxide 111)ttalte to the depariji-tefilt oni curry alt status. } Other: Planning Dept. County rat:Haivaj i is an Equal Opportunity Provider and Employer Exhibit-9— Page 2 I he %ste"Mcr laid inion has reN is"ecl the sub'ject application and ol'Iers the lolls ,\irtt, commentstlnclit.?r recommendations (i.:haat thW'c15tCNVL1tC1' Di\i i011 I+Or ClCtuilS): { No comm alts. ( t Require co nneet c r1 t nd.or 17rcjond structures to the puhHc sc:r.m in acccWance ":i',h `Hectic}n 1-5 of the I lm\iai`i C:oujtt� <_'c Q, ( t Require CAM Remdudon to ap mvc se,,ver extension in 1lccortlancc � ith �eetion 2 1- 2&1 or we I swai`i Coumv ado CAmQete Serer l xte.nsicmn , pjQicatkm. Require extension cit the sever sy stere tel sent ice the proposed subdivision in ak icorclancc wdh Acl% ?;-85 orthe IlawA i C'ounty Code, ( } (hec.k(w W W an ui,14kable: If i-egiibre<.l b1,the Dh,eefcu- ot1he Oclicrr°trtnent o/ Envil-olmleiIto/ .tlrrrtcrgerrtew r"CJirc'c�krr elf 1)1'.'�l�l"i, / f caflWou,shah'c nchwt cr t'c°1 vi- strach� b'l aeco!'dance with the /hen opplicoble sac r .,,vstc:!;rr pvior' to appi'cwal tri connect to the C.'craogy st n,er Atsteni. I pplic'crnt And!l"Y,lNc nth ve11,m lane m wJ7e hic'tliy Wipr•ommeniv m /be Mmor of DE'Af rtury rexc:r.S'0110 aly t'equil'c .Ssho lets Wavr Simi,nup, indic ale c(rc advisablefin.n.rnitigalioi-? ref irrpacls of the pmposed d fm,i er C.'eantcm ttirWevy er MWon f Tkf jw cletcrrls. ( � } Proposed aetkAy nmv he suhjject to existing, or future. federal, state. car county re:tttltatio n ttneler Tide A V R 003.5, prohibiting disch,ar{at orcertain pollutants into publish owned treatment N�orks. Contact the llumd'i Department of Health 11or informadon regardint,, Pretreatment sttanclarcls. { \ } pl,lie{1r3t shall follow I]ca��tli'i Department of I lcrtltlt retiil4atictns. i } Other: RAJ);', i ) . vt r.A.vAt Ii,t t+ 9 DAVID Y,IGE c it tilt pr l;.r,ti Sit 4`,,:t'i! I;1F 412(f iFf t l\i1 .\It\1!I 1241 I{fwill kFf 1'+ i_.:.ttt`I I+ Ikik fi\kt 111.:.It 1:+t if 1{i t. V\%4.1 t11\I U, 5"CA"I E: OF HAWAII OL11:AI I W-1\I (W 1.:AND t\I) N \I I AJ, LESS(. RCES I. ND D1\110\ P+til UII 1CI h2)''v r,"1 August 19, 2021 County of I lawaii Planning Department Attn: Mr. Eric Cook via ernail. 3µo, 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Cook: SUBJECT: Change of Zone Application (REZ 21-000249)—Request to Change Zoning from Single-Family Residence-20,000 Square Feet (RS-20) to Village Commercial-10,000 Square Feet (CV-10) located at Ola'a Summer Lots, Puna, Island of Hawaii; TW (3) 1-9-004:001 on behalf of Raja ©aggula and Shalini Kapoor Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division-Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 687-0417 or email: Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Dept. Exhibit-10— rl"ft�Sii.t'V.:I DAVID Y,IGE - ;'iiErlt .. icrl=�wll Rt]iI.D hFI 10IS itU btli It 41 f;t Atli is // 11 tti 1t:!"'IE"til t � STA TE OF I1AXN:A111' ,. t., ,,,• DFP-' RTNIF,`J`I OF L.kXD -LN11 NA ITR"1I_ RFSOUR("'F.S 1.11I)IM ISION 1(61 t)tIIl1:k'fA(-71 I It)`.ii)r I I I I' alt 111 <�Ftiii+a July 23, 2021 MEMORANDUM FROM: DLNR Agencies: Div. of Aquatic Resources —Div. of Boating & Ocean Recr;Caticn XEngineering Division (Di_t EN,,�tt' , ``u X Div. of Forestry & Wildlife ( b 'r I1 uv _Div, of State Parks X Commission on Water Resource Management (D' NIR1+t%l i 'c is ,ra i nov) _Office of Conservation & Coastal Lands _TLand Division – Hawaii District g1 f ry I ,wa 1`C): F -GM Russell Y. Tsuji, Land Aclmjnistrator�L�;'­f Tst "' SUBJECT: Change of Zone Application (REZ 21-000249) – Request to Change Zoning from Single-Family Residence-20,000 Square Feet (RS-20)to Village Commercial-10,000 Square Feet (CV-10) LOCATION: Ola'a Summer Lots, (puna, Island of Hawaii; T MK (3) 1-9-004.051 APPLICANT: County of Hawaii on behalf of Raja Daggula and Shalini Kapoor Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by August 19, 2021. 1f no response is received by the above date, we will assume your agency has tic comments. Should you have any questions about this request, please contact Darlene Nakamura at t r� .M .n aka11� a uha y ;. rr. Thank you, ( } We have no objections. ( ) We have no comments. ( } We have no additional comments. (�/ } Comments are attached. Signed Print Dame: Carty S. Chang, Chief Engineer Division: Engineering Division Dace: Aug 10,2021 Attachments cc: Central Files DEPARTMENT OF LAND AND NA-11 I;RAL RESO ROES ENCINFERU.NG DIVISION LD/Russell '`a`A'su.ii Ref: Change of Zane :-application (REZ 21-01111249)— Realuest to Change Zoning; f1'0111 Single-Fanjily Residence-20,000 Square Feat (RS-20) to tillage ('0111111C1,6111-10,000 Square Feet 10) Location- Ola'a Summer lots, Plana, Island of l-lawaii "I NIK(s): (3) 1-9-004:0: 1 Applicant: Comity of Ha,. aii on behalf of Raja Dagoula and Shalini Kapoor CC)ili:`RIE\TS Che rules and reL;rtlations of the National Flood Insurance ProOram (NFIP), Title 44 of the Cocle of Federal Regulations (44CFR), are in effect when development falls withira a Special Flood Iiazaid Aiear (high-nisi: weds)- :Lale pl-01jecis are requitt�d to ct�r11pl1 �.tiitli 44CFR ret3i1lat1Ons as stipulated in Section 60 12, Be advised that 44CFR reflects the miniraaum standards as set forth by the NFlf'. Local communit} flood ordinances may stipulate higher standards that can he more restrictive and would tale precedence over the min mum NFIP standards. The ov net- of the project property and/or their representative is responsible to research the Flood Hazard "Lone desi�=nation for the pro-ject. Flood Hazard Zones are designated on FFMA's Flood Insuraticc Rate \laps which can be vieti ed on our Flood Hazard Assessment Tool (F I T) (http ':'r�is.lraaava infil�.or47,FFl.�T}. If there are questions regarding the local flood ordinances, please contact the applicable C OUntV NTIP coordinatinc, aiuenev Oahu: City and County ofl-lonolulca, Department of planning and Pen-nittin" (808) 768-80988 Flay aii Wand: County of FIa��<aii, I�el�artnaent ofI?ublic �a'orl s (SCaS) 961-8327. laaui,l Iolol ai!Lanai CoXrnty of klaui, Department of Plaannim-, (808) 270-725.3. Kauai: County of It.auai, Department 01'Public W'cn-l.s (808) 241-48()15. Sr-ned 07IRTY S. CliAN'�G, CI-IIEEF ENGINEER Dante: ,dug 10, 2021 DAM Y.IGE tl IWIf.1601 kRD OF I k 1).1V I)\ R"I rul fir It(F.ti t(1N'+iltiif7\ON NF 1tR ic( r + " TF IIANNAll DIA),4RI N111A F 03 I \1) 1ND �.-1"� tlt'lL ULOt of tea 51)0111.11tO I!{INI YI I ! _(!i'.1;'iI July 23, 2021 MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources —Div- of Boating & Ocean Recreation X Engineering Division (21 X Div. of Forestry & Wildlife 'E.cl��"� Div. of State Parks X Commission on Water Resource Management ( _.N1, "'vVR v+r hak- _Office of Conservation & Coastal Lands X Ladd Division– Hawaii District'(r r,r, 0,01 FROM: Russell Y. Tsuji, Land Administrator RyG$�-''f� SUBJECT: Change of Zone Application (REZ 21-000249) – Request to Change Zoning from Single-Family Residence-20,000 Square Feet (RS-20) to Village Commercial-10,000 Square Feet (CV-10) LOCATION. Ola'a Summer Lots, Puna, Island of Hawaii; TMK: (3) 1-9-004:051 APPLICANT: County of Hawaii on behalf of Raja Daggula and Shalini Kapoor Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by August 19, 2021. If no response is received by the above date. we will assume your agency has no conrirnents. Should you have any questions about this request, please contact Darlene Nakamura at I �l � ' _._ r .;rani a'aThank you. ( } . We have no objections. We have no comments. ( } We have no additional comments. ( ) Comments are attached. R� Signed: Print name: Division. Date: ;r J � ' f Attachments cc: Central Files 3i I 3 DAVID Y.IGS tlttt.i1[k-yl kt' £ £ i `>C.ATE OF FIAN\. ll I 1, *ND DIN I'll0\ [",, "I I I i3O�N,,2 i August 24, 2021 Ccuntyr cHai"val Planning Department Attn: Mr. Eric Cook via email: W.__coyCO: 101 Pauahi Street, Suite 3 Hilo, Hawaii 05720 Clear Mr, Cook: SUBJECT: Change of Zone Application (REZ 21-000249)--Request to Change Zoning from Single-Family Residence-20,000 Square Feet (RS-20) to Village Commercial-10,000 Square Feet (CV-10) located at Ola a Summer Lots, Puna, Island of Hawaii; TMK: (3) 1-9-004:051 on behalf of Raja Daggula and Shalini Kapoor Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments elated August 19, 2021, enclosed are comments from the Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (803)587-0417 or email: r_ladene k.nakat £jThank you. —_ _ Sincerely, Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Dept. Exhibit-11— I i 11i u til DAVIE,Y__I Gc _ s fl 111?Pt itU 131:,1141-2 1.t\11\1])\k I t K%I.R1 xM K,t*• t r1 R711(i1 i 1 It l 1 t Fi I.}-ti(I[tr 7 STATE 01: KA\N All 11 � ti ~— UEI':lllTAWN OF LAND OD NA l t Etat_ RESO( 3WLS LAND DIN 11,111011 ['t lti[ '.JI[ [t_I jF(J.\ , I[i)titJ[S [ ?[:1 tti 111 'i(.,tili`i July 23, 2021 MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources —D v, of Boating e Ocean Recreation X Engineering Division ( ,lF X Div. of Forestry & Wildlife (1t 7-ca r r 1 I Div. of State Parks _ Commission on Water Resource Managementna~� 1 c ,a) _Office of Conservation & Coastal Lands X ®® - Land Division - Hawaii District (4; : _. r j t k ov) FROM: Russell Y. Tsuji, Land AdministratorRussell Tsuji SUBJECT: Change of Zone Application (REZ 21-000249) -Request to Change Zoning from Single-Family Residence-20,000 Square Feet (RS-20) to Village Commercial-10,000 Square Feet (CV-10) LOCATION: Ola'a Summer Lots, Puna, Island of Hawaii: TMK: (3) 1-9-004:051 APPLICANT: County of Hawaii on behalf of Raja Daggula and Shalini Kapoor Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by August 19, 2021, If no response is received by the above date, we will assume your agency has no comments. Shor.11d you have any questions about this request, please contact Darlene Nakamura at dal e-ne.k n aka _jra , axvaii qgy. Thank you. ( } We have no objections. ( 1 We have no comments. ( ) We have no additional comments. (( } Comments are attached. Signed: 04 Print Name: DAVID G. SMITH, Administrator Division: Division of Forestry and Wildlife Date: Aug 19,2021 Attachments cc: Central Files wt/.eti Vi C7.i z+.i GJ YJ S-t J F OF l•IANVNI1 AM) )I n I i1<_ Pr '�C"I[i3trtC1 I C.I<nC)5I3�_ Aus-test IS, 2021 TO: RIJSSLLL Y. TSUU1, Administrator Land Dig islort FROM: r? AID (.i `;NIVF}1 -�c11i,im,Jratnt Di%ision ofForestr� anti Wildlife SC BJECT: Division of Forestry and Wildlife Comments rail a Request to Chane Zoning from a Sirrale-Famlle Residential of MOM Sclnare Feet (RS-20) to a Village Commercial of 10,000 Square Feet (CV-10) at Ola`a Summer tots, Ptrna, Hawaii The Department of Land and Natural Resources, Dil inion of Forestry and Wildlife (DOFANN") has received veru request for Comment on a request to chan`ae zoviltty, FrOtil a "I ill,ul e-favilliv residential lot 01` 20,000 square foot (RS-20) to a village commercial lot of 10,000 square foot (C-V-1()) at Ola`a Sumter Lots, Puna, cin the island of Hawai`l,T Ks; (j) 1-9-004:051. The proposed project includes c0rlstrtrctin1_1 three sirs do story single family dwellings for short-term vacation rental oil pl-,- is>uslt trutleV elOped land, HICILIdittif one 3-bedr00111 unit at 3.060 square foot, one ?-bedroom Wilt at 1 500 square foot.. and one single beclt-00111 unit at 900 sgtr{tte fort. Artcillary impror ements would consist of a six-stall parking, area and a In'tMill Lill! of ttvo septic SVt Stems CorrrteCtecl to the three units. The State listed Flawallatr Hawk or tot )1!?C't) f3f j/tf!"(liS is klloi%lr to occur In the ptolect vI.Clrllt} . DO1 AAV reC0nl1I7erlds a goal fled bioloSxist s.un ev the area to ensure no Hawaiian HaNvk nests are present if trees are to be cut, `lo nests might be present durinu the breedin4g season from March to September. The Shite listed Hoary Fiat or 'Ope`ape'a (I asior'm c ilrcr"c!{., serrrrrrto) could potentially to occur In the vicinity of the project arra and may roost in neart) trees. =1m site clearillo that is recfuired should be tinted to a%Oid ClisturbarlCe c€1.11-in4g the bat birthim-, and pup rearing season (June I through September 15). During tills period- no woody plants greater than 1.5 feet (4.0 meters) tall should be disturbed. retrrm ed, or trimmed. Tile State listed Hawaiian Goose or" Ne17e (Browa kalrc )is cwsis) stay also potentially- to occur in the \ICHIlty of the proposed project site. It is atgainst State law to harltl or harass this species. 1f this species is present during construction actin hies. all activities within 100 feet (30 meters) should cense, and the bird shonid not be appr"o4�ched. \Vorl� may continue after the bird leaves the i area of its own accord. If a nest is discovered at an point, please contact the Fla"A'i DOF,AW � Office at (SO8) 974-422 1 i ArtiflcAl lighting can adversely inipact seabirds that€na; Pass tl1[`C1CI'gh the area m night by causinu, thein to becollle disoriented. ['his tllSOVI 11tati ll xan QsUlt in COlkl i011 ;;lth Inal1€1 ade StrUctUrt'S or g1-oun in,� of birds_ For nighuirme lQl7til7g that might be required. DtvtF W rect;rrnnien(I; that ad) 1i4=% be full; shidded to nliltinlize impacts. Nighttime;;elrk that recfllires outdoor shotdd additic mliv be avoided during the seabird fledging season from) Seplermber 1 � thl-at€`.111 1_)ecelUbtr 15. 'This is the perimlwhen young,ne;;1 tledLged seabirds tttl:e Vel initial flightto the open ocean- For illustrations and In dance rebated to seabird-friendly lighting styles that also protect the starry night skies of Hal\al'1 please visit. To prevent the spread of Rapid `Ctlu'a Death (ROD), if ON4 trees are present and will be removed, trimmed, or potentially, injured DOFAW requests dmt the infor-raation and tfuidance at the following website be revleva ed and followe€:l: DOFA\V recommends ininimizing the ruovcraent of plant or soil inaterial bets;een worksites, such as in f11d. Soil and plant material ria'~ contain hu wive fungal pathogens�e. r., Rapid *Olm'a Death), vertebrate and in;ertebmte pests (Wo Little Fire .ants), or ins asit e plant parts that cutlet harm out- man ve ut- manve species and eros;sterns. \01 recorruriend consulting the Big Island Invaisi;e Species Coranlinee at (8 08) 933-3340 it plallnin`a;, deign, and construction of the prolk t to learn of ally high-risk it;ad e specks it the area and m ay s to rliti.gate spread. :all equipl7aerlt. materials, and personnel should be cd mwd of excess sail and debris to ininirnize the risk of spreading invasive species. Clear that r1aN contain soil, such as ;vor1< boots and ;ehicles, should be thoroU`1111V cleaned with ;v iter and sprayed with 70 t, alcohol solnon to }arc'vent C31e slal'etrtl OfRapid `Olti`il Death and ether harmful fungal pathogens. DOFA ' rnonailrends using native plant species for landscaping that are appropriate for the area (i.e, clinratt conditions are suitable for the plams to thrive historically occurred there,etc.). Please do not plant in;asive species. MOMS' recon—unends coin dtirsJ the Ha;vai`i-pacific )Feed Risk Assessment website to determine the potential invasiveness of plants proposed for use in the prc)jel t (11 _. `_"€ ' .. r1 .�a' _.._ _l.ryJ,W'e recon-rnend that you refer to for «uldance on selection and evaluation for landscaping plants. We apprniate your efforts to \\ark vv ith our office for the conservation dour nutty e species. Shoudd be scope of the prt}ject change significantly, or should it becoine apparent that threatened or endangered specks nla� be impacted, Fleas;: contact our staff as soon as possible. If you have any questions please contact Paul Radley, Protected Species Habitat Conservati oil Plarrin"a C oordinator at (808) 295-1123 or SlncereK WA DAYD Cr. SNATH Adm in i sera= I Mori, Ashley I From: Lebo, Susan A <susan.a.lebo@hawaii.gov> Sent: Friday, August 06, 2021 5:26 PM To: Planning Internet Mail; Naleimaile, Sean P; Cook, Eric; sidfuke@hawaiiantel.net Subject: County Rezoning (REZ 21-000249 (RS-20 to CV-10) Application for the Daggula Property Attachments: 3-1-9-004_2021 PR00830_2108SN02_ARCHY_6E42_PRMT_COMMENTS.pdf Hello, Attached is a pdf copy of our division's review of the following: Chapter 6E-42 Historic Preservation Review County Rezoning(REZ 21-000249(RS-20 to CV-10)Application for the Daggula Property 'Ola`a Ahupua`a,Pima District,Island of Hawaii TMK: (3) 1-9-004:051 Sincerely, Susan Susan A. Lebo,PhD Archaeology Branch Chief State Historic Preservation Division Department of Land and Natural Resources Kakuhihewa Building 601 Kunakila Blvd., Suite 555 Kapolei,HI 96707 (808)321-9000(cell) Planning Dept. t Exhibit-12— _ ST'ANINE P CASE fl F /. CHAIRPFRCON DAVID F.IGE HOARD o£LAND Ann*.at ux4L xE�puRces GOVERNOR OF HAWAII . .(Pr t95g pia C'OMMISS[OY ON W.4T11.RESOURCE MANAGEMENT a ROBERT K.NIASIDA $ PtRSTDERLRl Vaud and rLa Ni IiALEO RL4NTEL " f DEPUTY DIRECTOR-WATER t F l,•s � Q CE CES HOATINGIND OCEAN TUEC N NCES COMMISS[ON ON WATERRE901'RCE\-tA7r'AGPMINT s COI S ATION AND COASTAL LANDS �����OF �"'��� CON:9ER�"ATiGA AND RLSOURC£S PNFOR(Ek[ETQT .p.G. F HA ENCINEERINO FORESTRYAND WILDLIFE lateDEPARTMENT OF LAND AND NATURAL RESOURCES xhrISLANDMSERVECO p f M44�"' XAE[CK�LAWE ISLAND[RESER4R COMMISSION LAND STATE HISTORIC PRF,SF,RVATION DIVISION STATE 11,WR3 KAKUHIHEWA BUILDING 601 KANIOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 August 4,2021 IN REPLY REFER TO: Zendo Kern,Director Project No.202IPR00830 County of Hawaii,Planning Department Doc.No.2108SN02 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 plai-uiing((�ihawaiicounty.gov Dear Mr.Kern: I SUBJECT: Chapter 6E42 Historic Preservation Review County Rezoning(REZ 21-000249(RS-20 to CV-10)Application for the Daggula Property `01a`a Ahupua`a,Puna District,Island of Hawaii TNIK:(3)1-9-004:051 i This letter provides the State Historic Preservation Division's (SHPD's) review of the subject County of Hawaii Rezoning application received by our office on July 17, 2021. The submittal included a County of Hawaii Department of Planning Change of Zone Application,a site plan and in aerial photo showing the project area. Project Description The applicant, Raja Daggula (landowner), is requesting a County of Hawaii zoning amendment for the 0.83.5-acre project area(entire parcel) from Single-family Residential(RS-20)to Village Carmnercial(CV 10) for the purpose j of establishing three vacation rental units. The proposed complex will consist of three single-family dwellings with 3 parking and associated infrastructure. The application indicates that the project will also include installation of two septic systems(approx.300 sq.ft. each). Findings Our records indicate that this project area has not been subject to an archaeological inventory survey (AIS) and that no historic properties have been documented. However, the parcel is located within the boundaries of the Historic Volcano Residential District(State Inventory of Historic Places [SIHP]50-10-53-07414).Aerial photos indicate that i the parcel has not been recently developed. j Determination Based on the information provided above, the SHPD has no objections to the proposed amendment to the County : of Hawaii rezoning application. I 3 However, SHPD has insufficient information to determine the potential of the proposed future development 3 project to impact historic properties. Therefore, SHPD requests an opportunity to review any future permits involving ground disturbing activities related to proposed development of the subject parcel. SHPD may request that an archaeological field inspection be conducted of the subject parcel by a qualified archaeologist to determine if undocumented historic properties exist in the project area prior to any future ground disturbance. If unrecorded historic-properties are present, SHPD will request that an archaeological inventory survey (AIS)be completed, and report be submitted for review and acceptance prior to initiation of land altering activities. Please contact Sean Naleimaile at(808)933-7651 or at sean.p.naleimaileCwhawaii.gov for any questions or concerns regarding this letter. i i Mr.Kern August 4,2021 Page 2 Aloha, �Za/r Alan S.Downer,PhD Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc: Eric Cook,eric.cookehawaiicounty.gov Sydney Fuke,sidfuke cghawaiiantel.net i 3 Mitchell D. Roth „SYOF,, off•_.• '%', Kazuo S.K.L. Todd Mayor ecr;�f x Lee E. Lord Eric H. Moller Deparyfire Chief' Jlanagrrrg Director I I QC'ourp of 'abjWaf`t 3 HAWAII FIRE DEPARTMENT I 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 3 3 July 27, 2021 I TO: ZENDO KERN,PLANNING DIRECTOR i FROM: KAZUO S.K. L. TODD,FIRE CHIEF SUBJECT: Change of Zone Application (REZ 21-000249) Request: Single-Family Residential 20,000 Square Feet(RS-20)to Village Commercial— 10,000 Square Feet(CV-10) Applicant: Raja Daggula and Shalim Kapoor Tax Map Key: 1-9-004:051 I Regarding the above-mentioned request,the following shall be in accordance: 3 NFPA 1, UNIFORM FIRE CODE,2006 EDITION Nate:Hca rai`i State Fire Cock, Nasional Fife Pi-oteaJoti Assoc ci ion 2006 i,er•sion, lvitll C'C��lrit� gjHcnvai`i anienc rents. Ccn nog amendments are identified with a preceding "C—”©f the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 3 18.11 Plans. i 3 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the j fire department for review and approval prior to construction. W 3 Planning Dept. Exhibit 13 �'�eo ` Hazvai'i C nrnhf is an Equal Oppartuntt,I Provider and Earployer. I i Zendo Kern, Planning Director July 27, 2021 Page 2 of 9 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C— 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AFIJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. ("may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m') or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Zendo Kern, Planning Director July 27, 2021 Page 3of9 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 1311), or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AFIJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 2011 with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. 018.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. Zendo Kern, Planning Director July 27, 2021 Page 4 of 9 CN 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads(25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4,4 Dead Ends_ Dead-end fire department access roads in excess of 150 ft(46 m)in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2 The angle of approach and departure for any means of fire department access road shall not exceed i ft drop in 20 ft(0.3 in drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of:Fire Apparatus Access Road. I s i Zendo Kern, Planning Director July 27, 2021 Page 5 of 9 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4 Obstruction and Control of Fire Department Access Load. � i 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3 Facilities and structures shall be maintained in a manner that does not impair or 3 3 impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. i 18.2.4.2 Closure of Accessways. i I 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 3 3 I 3 Zendo Kern, Planning Director July 27, 2021 Page 6 of 9 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm)from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS; 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 183.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3,1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NEPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. Zendo Kern, Planning Director July 27, 2021 Page 7 of 9 C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall aneet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for 0900 PVC pipe; b) 4" for 0906 PE pipe; c) 3" for ductile Iron; d) V for galvanized steel. 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-112 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AIIJ; Zendo Kern, Planning Director July 27, 2021 Page 8 of 9 d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AFIJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3} For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. yI Zendo Kern, Planning Director July 27, 2021 Page 9 of 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact Assistant Fire Chief Ian Smith at(808) 932-2907. KAZUO S. K. L TODD Fire Chief KV:ds Mori, Ashley From: Cady, Melissa N <melissa_cady@fws.gov> Sent: Monday, August 09, 2021 11:14 AM To: Planning Internet Mail Cc: PIFWO_Admin, FW1 Subject: ATTN: Eric Cook: 01 EPIF00-2021-TA-0412 Technical assistance for proposed Change of Zone for TMK 3-1-9-004:051 from Single Family Residential to Village Commercial, Volcano, Hawai'i Attachments: 2021-TA-0412 Daggula Kapoor Zoning Change Volcano Hawaii_final_signed.pdf Dear Zendo Kern, Attached you will find the FWS Pacific Islands Fish and Wildlife Office's response to your technical assistance request for the above-named project. We thank you for your efforts to conserve listed species and native habitats. Please contact me should you have any questions pertaining to this response or require further guidance. When referring to this project, please include this reference number: 01EPIFOO-2021-TA-0412. Melissa Cady (she/her) Maui Nui &Hawai`i Island Team Pacific Islands Fish and Wildlife Office U.S. Fish and Wildlife Service 1.54 Waianuenue Avenue Suite 103 Hilo, Hawaii 96720-2452 Office Phone: 808-933-6963 Cell Phone: 808-443-9795 Email: melissa Cady a fws.gov Mailing Address: U.S. Fish and Wildlife Service PO Box 653 Hilo, HI 96721 Planning Dept. Exhibit 14 i 3 DO NOT SEND THE FOLLOWING WITH THE CORRESPONDENCE Updated 2021-3-03 ECOS/TAIrS _ Conclude _ Do Not Conclude 11 . 3m 1I 1. _ Not a TAILS Correspondence Document Name: 2021-TA-0412 Daggula and Kapoor Zoning Change Volcano HawalLdocx Pathway to current location: T:ATeam MAUI NUI HAWAIIA Team MauiNui Hawaii ITM REVIEW\2021-TA-0412 Daggula and Kapoor Zoning Change Volcano Hawaii Pathway to final filing location: T:ATeam MAUI NUI_HAWAII\T_Sec 7\Hawaii Isle_Completed\FY 2021 REVIEW ROUTING& CONCURRENCE 3 ORIGINATOR: Melissa Cady, Fish and Wildlife Biologist, Hawaii DATE: August 5, 2021 Maui Nui Team u11 name,Title.Team Comments: I I REVIEWED BY: DATE: (Full name;Title.Team Comments: I REVIEWED and SIGNED BY: Chelsie Javar-Salas, Acting Hawaii DATE: August 6, 2021 Maui Nui Team Leader Comments: E-MAIL OUTGOING contact me should you have any questions TO: Zendo Kern pertaining to this response or require further Planning Director, County of Hawaii guidance. When referring to this project, please 101 Pauahi Street, Suite 3 include this reference number: 0IEPIFOO- Hilo, Hawaii 96720 2021-TA-0412. Email Address: planning@hawa'ticounty.gov hawaiicounty.gov CC: Correspondence CC: Subject: OIEPIFOO-2021-TA-0412 Technical assistance for proposed Change of Zone for Email Address:planning cr hawaiicounty.gov, ATTN: Eric Cook TMK 3-1-9-004:051 from Single Family ; Residential to Village Commercial, Volcano, Bcc: pifwo_admin tLfws.gov Hawaii - i Dear Zendo Kern Attached you will find the FWS Pacific Islands Fish and Wildlife Office's response to your technical assistance request for the above- named project. We thank you for your efforts to conserve listed species and native habitats. Please SIFT Op Qi United States Department of the Interior FISH AND WILDLIFE SERVICE CH 3, Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard,Room 3-122 Honolulu,Hawaii 96850 In Reply Refer To: August 6, 2021 0 1 EPIFOO-202 I-TA-0412 Zendo Kern Planning, Director, County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Subject: Technical assistance for proposed Change of Zone for TMK 3-1-9-004:051 from Single Family Residential to Village Commercial, Volcano, Hawaii Dear Zendo Kern: Thank you for your recent correspondence requesting technical assistance on species biology, habitat, or life requisite requirements. The Pacific Islands Fish and Wildlife Office (PIFWO) of the U.S. Fish and Wildlife Service(Service) appreciates your efforts to avoid or minimize effects to protected species associated with your proposed actions. We provide the following information for your consideration under the authorities of the Endangered Species Act(ESA) of 1973 (16 U.S.C. 1531 et seq.), as amended. Due to significant workload constraints, PIFWO is currently unable to specifically address your 0 information request. The table below lists the protected species most likely to be encountered by projects implemented within the Hawaiian Islands, Based on your project location and description, we have noted the species most likely to occur within the vicinity of the project area, in the 'Occurs In or Near Proiect Area' column- Please note this list Is not comprehensive and should only be used for general guidance. We have added to the PIFWO website, located at htlps:/'/wv,-"7.fws.gov��/ acificistands/proi-iio,efi-n?ld=177175840 recommended conservation measures intended to avoid or minimize adverse effects to these federally protected species and best management practices to minimize and avoid sedimentation and erosion impacts to water quality. If your project occurs on the island of Hawal't, we have also enclosed our blosecurity protocol for activities in or near natural areas. If you are representing a federal action agency, please request an official species list following the instructions at our PIFWO htt,ps://www.f,,vs.gov/pacificislands/larticles.cfn-l?id=149489558. You can find out if your project occurs in or near designated critical habitat here: htWs://'ecos.f-A,s.gov/iMe a /. —/ INTERIOR REGION 9 INTERIOR REGION 12 COLUMBIA—PACIFIC NORTHWEST PACIFIC 191-ANDS IDAHO, MONTANA. OREGON*, WASHINGTON AMERICAN SAMOA, GUAM, HAwAri, NORTHERN `PARTIAL MAPJANA ISLANDS i I I I Zendo Kern 2 j I I i Under section 7 of the ESA, it is the Federal agency's (or their non-Federal designee) responsibility to make the determination of whether or not the proposed project"may affect" federally listed species or designated critical habitat. A "may affect, not likely to adversely affect" determination is appropriate when effects to federally listed species are expected to be discountable (i.e., unlikely to occur), insignificant(minimal in size), or completely beneficial. This conclusion requires written concurrence from the Service. If a"may affect, likely to adversely affect" determination is made, then the Federal agency must initiate formal consultation with the Service. Projects that are determined to have"no effect" on federally listed species and/or critical habitat do not require additional coordination or consultation. Implementing the avoidance, minimization, or conservation measures for the species that may occur in your project area will normally enable you to make a"may affect, not likely to adversely affect" determination for your project. If it is determined that the proposed project may affect federally listed species, we recommend you contact our office early in the planning process so that we may assist you with the ESA compliance. If the proposed project is funded, 1 authorized, or permitted by a Federal agency, then that agency should consult with us pursuant to section 7(a)(2) of the ESA. If no Federal agency is involved with the proposed project, the applicant should apply for an incidental take permit under section 10(a)(1)(B) of the ESA. A section 10 permit application must include a habitat conservation plan that identifies the effects of the action on listed species and their habitats and defines measures to minimize and mitigate those adverse effects. We appreciate your efforts to conserve endangered species. We regret that we cannot provide you with more specific protected species information for your project site. If you have questions that are not answered by the information on our website, you can contact PIFWO at(808) 792- 9400 and ask to speak to the lead biologist for the island where your project is located. Sincerely, C H E LS I E Digitally signed by CHELSIE JAVAR- JAVAR- SALAS Date:2021.08.06 SALAS 17:12:07-10'00' Island Team Manager Pacific Islands Fish and Wildlife Office Enclosures (3): Federal Status of Animal Species Federal Status of Plant Species Biosecurity Protocol for Hawaii Island cc: Pacific Islands Fish and Wildlife Office Administration I Zendo Kern 3 The tables below list the protected species most likely to be encountered by projects implemented within the Hawaiian Islands. For your guidance, we have marked species that may occur in the vicinity of your project, this list is not comprehensive and should only be used for general guidance. Enclosure 1. Federal Status of Animal Species 3 Scientific Name Common Name/ Federal May Occur Hawaiian Name Status In Prosect Area 3 Mammals Lasiurus cinereus semotus Hawaiian hoary E bat/`o e`a e`a Reptiles Chelonia mydas green sea turtle/hone T ❑ - Central North Pacific distinct population segment j (DPS) Eretmochelvs imbricata hawksbill sea turtle/ E ❑ honu `ea or `ea Birds ;3 Anas nryvillianci Hawaiian duck/koloa E ❑ Branta sandvicensis Hawaiian goose/nene T Fulica alai Hawaiian coot/`alae E ❑ ke`oke`o Gallinula galeata Hawaiian gallinule/`alae E ❑ sandvicensis `ula Himantopus mexicanus Hawaiian stiltlae`o E ❑ knudseni Drepanis coccinea i`iwi T Oceanodroma castro band-rumped storm-petrel E Hawaii DPS/`ake'ake Pterodroina sandtivichensis Hawaiian petrel/`ua`u E ❑ Par inns auricularis neiti,elli Newell's sheanvater/`a`o T Ardenna pacicus wedge-tailed MBIA ❑ shearwater/'ua`u kani Buteo solitarius Hawaiian hawk/'Io MBIA Gygis alba white tern/manu-o-ku MBTA ❑ I Insects Manduca blackburni Blackburn's sphinx moth E Megalagrion paciflcum Pacific Hawaiian damselfly E ❑ Me galagrion xantliomelas orangeblack Hawaiian E ❑ damselfly I Megalagrion nigrohainatiim blackline Hawaiian E El ni,rohneatum damselfly3 I 3 a 1 Zendo Kern 4 Enclosure 2. Federal Status of Plant Species Plants Scientific Name Common Name Federal Locations Mal or Status Occur In Hawaiian Name Project Area Abuldon menziesii ko'oloa'ula E 0, L, M, H El Achyranthes splendens ewa hinahina E 0 ❑ var. rolundala Bonainia menziesii no common name E K, 0, L, M, H El Canavalia pubeseens lawikiwiki E Ni, K, L, M El Cohibrina oppositifolia kauila E 01 M, H 0 Cyanea tritomantha lakii E H z Cyperits trachysanthos pu'uka'a E K, 0 El Cyrtandra giffardii ha'iwale E H Gonania hillebt-cindii no common name E Mo, M El Hibiscus brackenridgei ma'o hau hele E 0, Mo, L, M, H El Ischaeinum bvi-one Hilo ischaernurn E K, 0, Mo, M, H 0 Isodendrion gyrifolium wahine noho kula E 0, H D Marsilea villoso 'ihi'ihi E Ni, 0, Mo 0 Meioneziron kviviense uhiuhi E 0, H F-1 Alolhocestrian brev�orwn 'ai ea E H ❑ Panicutnfauriei var, Carter's E Molokini Islet(0), El carleri pamcgrass Mo Panicuin niihaztense lauehu E K ❑ Peucedanum sandivicense makou E K, 0, Mo, M ❑ Pleoinele (Chipodracon) balapepe E H El hawaiiensis Porhilaca sclerocarpa 'ihi E L, H El Portulaca villosa 'ihi E Le, Ka, Ni, 0, Mo, 0 1 M, L, H,Nihoa Pritchardia affinis loulu E H 0 (7naidenjana) Pseudognapholhan lenaena E Mo, M 0 sandwicenshan var. inolokciiense Scaevola coriacea dwarf naupaka E Mo, M El Schenbu (CenIcturium) 5wiwi E K, 0, Mo, L, M 0 sebcteoides Sesbania lowntosa '5hai E Ni, Ka, K, 0, Mo, M, 0 L, H, Necker, Nihoa Telrainolophon rockii no common name T Mo ❑ Zendo Kern 5 Yigtacr o-tivuhuerasis no common name E Mo, M, L, H, Ka ❑ Location key: 0=Oahu, K=Kauai, M=Maui, H=island of Hawaii, L=Ldna`i, Mo=Molokai, Ka=Kaho`olawe, Ni=Niihau, Le=Lehua Enclosure 3. BIOSECIIRITY PROTOCOL—HAWAI`I ISLAND i 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 fungi 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 staff safe 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 percent ? isopropyl alcohol or a freshly mixed 10 percent bleach solution. c. Any machinery, vehicles, equipment, or other supplies found to be infested with j 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. I 2. Little Fire Ants—All work vehicles, machinery, and equipment should be inspected j 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 percent Hydram.ethylnon; 1tt :1/�_tt12f2 � r t , t,r l xo mac° ,?fir r,j�; ink ::_ f) into I 3 3 t Zendo Kern 6 refillable tamper resistant bait stations. An example of a commercially available refillable tamper resistant bait station is the Ant Cafe Pro ( ttps://wwv�_.aatcate_ccrar ,// . 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 the Hawaii Ant Lab (http://urww.littlefireants,coni/) or other ant control expert and in accordance with all State and Federal laws. 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 percent Hydramethylnon; htm:/llittlefireants.com/Maxforce%20Complete.pdf) or AmdroPro(0.73 percent Hydramethylnon; http-.Hlittlefireants.com/Amdro percent20Pro.pdf) following label guidance. e. Storage areas that hold field tools, especially tents, tarps, and clothing should be baited using MaxForce Complete Brand Granular Insect Bait(1.0 percent Hydramethylnon; htt)://Iittlefireants.com/Maxforce%20Complete.pdf) or AmdroPro(0.73 percent Hydramethylnon; httl)://Iittlefireants.com/Amdro%20Pro.pdf)followinZn g 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 are parked overnight, keeping areas within 10-meters of vehicles free of debris. Parking on pavement and not under 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 residence, should be kept in a pest free area. 4. All cutting tools must be sanitized to prevent the Rapid `Ohi`a Death (ROD) fungus. a. Avoid wounding `ohi`a 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. i b. All cutting tools, including machetes, chainsaws, and loppers must be sanitized to j remove visible dirt and other contaminants prior to envy into natural areas or Zendo Dern 7 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 percent isopropyl alcohol or a freshly mixed 10 percent 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 `6hi`a parts: a. `Ohi`a firewood, `6hi`a logs, and `ohi`a 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 should be sanitized using a solution of>70 percent isopropyl alcohol or a freshly mixed 10 percent 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 percent isopropyl alcohol or a freshly mixed 10 percent 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 under the tree. If you are subject to an ant attack, do not panic. The ants are extremely small but their stings are painful 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. August 17, 211 Zendo Kem Director Hauvai'i County Planning Dept. 01 Pauahi St, Suite 3 Hilo, HI 96-120 CC: Puna CDP Action Committee, Hawaii Tribune-Herald, Civil Beat Karr Calendar F: Change of Zone Application (F EZ 21-000249) Request: Single-Family Residential-20,000,000 quare Feet (RS-20) to Village Commercial-10,00 Square Feet (C V-10) Applicant: Raja Daggula and Shailini Kapoor 7 man iu:ap �"�r1��. s-9`[+0 4,8.35 1 Dear Mr. Kern, Thank YOU for Your July 20, 2021 memorandum requesting comment on the above Change of Zane Application, The Volcano Community Association is OPPOSED. The property in question is covered with a thick forest canopy of mature `ohia trees, hapu'u tern and ether native species. Although the Applicant states the intention to preserve as march native growth as possible, it is dear that the proposed development would require a near total destruction of the forest. Secondly, this project does not benefit the community and in fact would negatively impact resident neighbors. Volcano is already horse to more than 200 STVRs, as well as hundreds more traditional lodging units and Bed- and-Breakfast accommodations, Converting Residential land to Commercial use in rider to add yet anther STAIR does not conform to the intent of Ordinance 2018-114 (Bill 108), and we do not want to set a precedent for future zone charge requests in an attempt to circumvent the STVR law. Please note that VCA would be in favor of appropriate and sensitively designed development that directly benefits the local community, such as a rural market, urgent care clinic or doctor's office, veterinarian, etc, Our organization would like to be kept apprised of all future opportunities for the coMrnUnity to respond to this rezoning request. VJ..{e intend to appear at any Planning Commission meetings or hearings related to this project. Sincerely, Sher Glass, Volcano Community Association President Planning Dept. Exhibit 15 Planning Director County of Hawaii Planning Department July 31 , 2021 101 Pauahi Street, Suite Hilo, Nl 96729 Lear Sir, This letter is in regard to the notice of the .done Chance Application for the property at TMK 1-9-304:051 sent to us as adjacent property owners. 'fie purchased our property 12 years ago and built a small cottage with minimal disruption of the trees and birdlife that Volcano Village is so prized for. We are amazed that someone from another state can conte Dere with a lot of money and circumvent the vacation rental certification process to build such a rude group of commercial buildings in such a beautiful residential neighborhood. We ask your Kokua to put a stop to this development as it is not in the character of Volcano Village at all. Thank you, R r Theresa. Ann Peed 303 396-5737 Trust Owner TMK 1--9--004:59 Planning Dept. Exhibit 16 Da.:tcyn An-'.' ?,ond tJ lit+ r r ii f<;irsr.altczris fkal' Notil-:, of'€lino, aa( t'hatafwc ol,/m: r pplictation 1;,it'll f'I'miling Dcpal-t(ttcIlt .��C11�Iti�ailt_ t�<ija 1)�a�s:�ula (�eillrr��;t: `�;sta�.�Ce l family I?� siciential t(�<;_'t.);Y tta �'illa��,c t'cf111iltcrcilal i(:`�'-1 i)1 1'rcapo. ,,d 1 i c; Thi-cc (3) 7hol-t l crm V.,tcatioll € ctltal l oih _Af,f4Cted PI*o elt4: I N1 1_-{) cit}4_t),1 €11a'a. Sunin-jmer i..�t,a_ttl r_{. PLIna- On hCh all'('I'the ,1 pplicnn'L,Md Ittltl OV,HCC R'li a D,10(-'Uhl. arltl in ac c7rcl iticc v: ith the e 1t11reltle,ratw ,1( ;Sc'cuun 2,,-2-4 of the llmt all Mount, t (agile-, this Icttct' wit ;cr,tc nonce t-e,.ardinl t'1 C', ll�:tit' t}(�pt #'ia,}F{'?t' ext t�t)}1c' .!1)T��lt`�11IC}(1 lllttfi i[l�" C f�llf�flF {}E €t�l�S'21t�t !'4?�rtrllti�? t_}f_'f,tltC1�`�ctSl Ci11 June ?, 021, Sc k;in1W to rezone 36-1'73. square le-,.t ut lane located adjacc rpt to the .tact rnt`lands 2SSOciate:al % ith the, K ilauco 1 a':doc complex, f-om RS-'tl tet CV-H) to ,tccol'111110elate the constl'uCtIon of dwee O t `.diol-t 1C1,111 V'Ic:,atltlll I-ental ulllt*(. t�, ol—e. pi-ecisel4, the :subim pl,opc"l tl t Irlcalied lalamvl-), the nol l't side of'Olai VralCmic) Igo id, approxiitlatei _35 I'Cel we-,A ()I'rils inter'ect o n ,kith WI-iolit Itcrtid, I ?ler ;attachc t 1'reliiltiilar `situ Plan pco ides a concept of,this pE'a;flta's<al. Anodler similar 11011c", }ill later he stem to )oll irlfcarmin�.' ;t>ti (}f'tile dJ lte, tittle allcl glad 0('a ltetarilt=r Oil Illi a1)pk,16011 hel!)Fe the W iridW,11-d f'Iarlr;ii1t2, t`Oltlrtlissirirl, WhCI-e YOU I`Ml� wish to pt-o gide testin't(an) on Otis appli,,"Iliolt. ShOLIld 1it11 hC its Cr-CjtCd. a copo the appliecation can he viewed at the flan-ting f et alt.tllertt aat'Iievs Ioc alcd in both I.aast and West Should watt have any questions t a1°clin€ thi allktlic:tii ,rt, car WiSh to sLihlllit tVlAtcil tes"fillutlY to the f'laliminp Dil-ectal' "a11ct,( a.. the Wind ai-d 1'lartttiall? l`omllalstii(ln in ttclvJ11ce of'the Public hcarin� On this .tpp cati art, v e aat'l,cx the ccrlltaci ill f(arrll,:atican lc>r the Planning DepL11-011ent as follows: Courm c-AH ftl',(cm PL111Ttitt ' €)e1t<artmelit 101 l'auAhi f tt-eel, `quite ) 1 til{, 1 it (i61-I 7)r 1'hcfn(:: (SOS) 961-SN8 Should ` cltl hn�c, "111`, (ItIcstimi re`s 114tEI}a lilk apphtcatikonalso Iecl €r Q Lo CoIllact mc "s111CCrc'1°�, Dw1n Mii Larid Use Pitlt3 dnL, Consttltallt I'('=. li()', 1>01, Ill ( H "All `,II 96720 -rigs t:. W)8)89`i a_'18 1) ,R)p .l'Z ,'s',(M t' 11,()la,{t'`3, , ,., ,.yrs•. ku 4 a I� �� { I y ! I( AAs Wes uv Fa C C 0 40 C iur_' 1.�� n.a�5� t J v i s t 1, Al S Mori, Ashley From: Kern, Zendo Sent: Monday, September 27, 2021 4;59 PM To: Mori, Ashley Subject: FW:Volcano Village - Change of Zone Application (REZ 21-000249) for proposed new multi structure STVR dwellings Revised, please intake. Thanks! l Z l -----Original Message----- From:Jim Frierson<j.frierson@islandpoolsupply.com> Sent: Monday,September 27, 202111:11 AM To: Kern,Zendo<Zendo.Kern@hawaiicounty.gov> Subject:Volcano Village-Change of Zone Application (REZ 21-000249)for proposed new multi structure STVR dwellings (Resending with corrected paragraph numbers, same text- mahalo) VIA EMAIL to Mr. Zendo Kern, Director, County of Hawaii Planning Department l Dear Director Kern: 1 I am writing to provide comments on the above referenced application. I own a home in Volcano Village at 11-3999 Hale 1 Ohia Rd. I object to the approval of this request to rezone a residential parcel fronting Old Volcano Road in central Volcano Village for the purpose of constructing a new STVR for the following reasons: 1.There are more suitable STVR locations, many with larger parcels, located away from the busiest street in Volcano Village. 2.There are already sufficient compliant STVRs in the Volcano area. 3.Compliant STVRs regularly come up for sale. 4.STVRs are typically booked online;there is no need for"motel row"type street visibility, and it's likely most guests prefer sites that feel more like a retreat. 5. The definition of Short Term Vacation Rental in Section 25-1-5 of the County zoning code refers to a dwelling, not dwellings plural. i 6.The proposed "tree houses", while claiming to offer a tree saving benefit by reducing the structure footprint area, are out of character of the many nearby historic structures ("Volcano Village Historic Building Inventory", Boone Morrison Architects, Inc 1993) and may be more visible from the street than single story structures. While the structures may meet the height allowance of CV zoning,they may exceed the more appropriate residential zoning height limitations. 1 Planning Dept. Exhibit 17 7. Prior to the adoption of County Ordinance No. 18-114 relating to Short Term Vacation Rentals, STVRs were not included in the allowable uses for CV zoning.While the intention of CV zoning is to include many permitted uses,this is a significant change, and effectively is being used as a loophole to obtain approval to build a new STVR.The Kilauea Lodge complies with the lodge use permitted in CV zoning;the recent approval of CV rezoning of part of the adjacent Lodge owned land for expansion of an existing facility is not comparable to the proposed new STVR. 8.There is a limited amount of land suitable for commercial use in most Hawaii County villages.Approving this rezoning application and new STVR takes away the future option value of a more appropriate use, such as an art gallery, or many other uses that could benefit the community and create jobs. 9.The approval of this application will set a precedent that could result in a dense infill of STVRs in the central Volcano Village. 10.The approval of this application will set a precedent that could result in conversion of existing main street 1 commercial buildings into STVRs, drastically changing the ambience of an historic village. Owners may become weary of leasing to gift shops or restaurants, deciding that operating an STVR could yield more income without rent collection problems; imagine if this happened in downtown Honokaa or Pahoa. i The consideration by the Planning Department of community sentiment and input regarding this proposed rezoning and new STVR development is sincerely appreciated. I Mahalo, I Jim Frierson i 808-388-7322 I i I ut 1 I 5 i i 2 ,'Sari NAHmg Addre" PO BOX W5 HVNP, 1.13 9671!=: I I August 2021 Subject- Opposition to Zoning Chane PIplicalVion for Change of Zone ApplicaVan RE 21- LsUG24 ) Request. Siegle omfly Residential -20, 000 Square Feet (RS -20)t,r i3ia£;e Corurm,Lvcial Y), 00105quafe Feet (CV-10) Applicant: Raja Daggula and Shahid Kapoor Tax Map MY 19-004: 051 This letter semes as mir of"ficiai objection to the application byRaja Daggubt to change the zoning of the above p s.'pnty h-om i S20 to{3xIR My We and I the two ,—ope ties d3?erg:#y behind i,f> :ar 1tr Jol With the restrictions, yr'i;31.ed on new Short rt ferC'r Vacation RentaN7 S Nfls#, we feed as though NO ax the plan all atong by the ra '.,p owner, f seek remedy through Ott.rdrig. This 'd lows too-modified setbacks and $.^earatlr:'.of an Mr hHed t'afn forest properly i`a order to allow for his ,,,-nzissive footprint, This I;ifSy 1,_ : i ;i ids ?t .I is not needed "i dAs area, as there are numprous legal and puI`I$`#kited SYVRs m ``"ak a no anti the `ur l`OLInding oonmmurdUet The ,tC1&& mise,se, r.iM anti 0 of .c1 n West is. in rrr,,, opini nn is, no .sv'.:4,,th file costs ref'(--,z'ujn for 'th . project ✓hJs spot zo Ing W set , very dangerous precedent as all of the surrounding is L.rpr=§I"ties ai .ss.d re.idarka" fi mept of course or dhe wont and historic ki}r;�uea Lodge. We ask that you not Planning Dept. Exhibit 18 f I While Mr. Dagpla has the absolute right to petition for a zoning changvR It Just does not pass, the smOl test, Thank you,sir. � 33�tll�rk'�� �l�3rl - - � udw&y C2, , > . ? 9 A Z *--�lmf2�g : } , . l \\ / \\ ' . . v. . I i 3 i I I 3 I Au`�ust 18, `021 Zendo Kern 3 3 Director l luu ai'i Countv planning. Dept. 101 Paualli St, Suite Hilo, 1-1196720 1'n-i a resident of Volcano Village. I'm writing to express my concem over the proposed Change of lone Application (RE ?1-000249) fc~•r '1'ax Map l"er 1-9- 004:05 1 . 9-(71)4:051 . by applicaras Raja Daggrrla and Shalini K,,spoor. Y This Change of Zone application is an obviot.rs attempt to get around the C'ountyI ST VR laws, and ,orantino it vvoulcl set a terrible precedent for Volcano. While 1 ani not opposed to development per se, the lust thing this comnrrrnity needs is another j STVR one that necessitates n a"or- destruction of mature native forest land. 3 Vaka10 for�%ouri consideration. SincereIN", i Aubrev Hawk PO Box s{) 3 olcano 111 96785 3 I I I I I 3 I I Planning Dept. 3 Exhibit 19 i mv naw0 way °.4un _ -n wpm Jvnwek: .. s x {y I Suppon Oita! .. ; . e_m. a r r Non SVIN Wnsy # # !v NOV,on k. .W_ .. r 5 t k'•. ir AV i Y' , ... T .f.. .... a. (-",!3-+3a. .t'. C...1}..t xk .... .... V...� �. +, ..� .� I... Planning Dept. Exhibit 20 r 1 f' i.. s 3 I I i i I I 3 I i i 3 I 3 y .j.. ,.z., :.L.4 Ali ell fie € I cn€rz r, =n D a >{ o I 3 �LL}{iii+O?;qQ 2± f I i 3 t i I I € I I I Y Wo of Me ul k-, ..,". ."...�"" :.I'll,' A}}IAN hit K/ I!yd Now KA- 11 � i .. .w ,r., ..., SAWS _v , 'h o town a 7 .,«p L.,,. ..., .. .,t t,w ,. nm§ 4 yF n d .. 5 _ Y .,�,.:�.. re a fi ., f s ,. �-. -.. k» � ..r s:-�1.{'�..,.z�.5 ,,,} ....-� c s �=.i .,� .. a.. s�-„}p -.`.:�.. # .. z ti,x rte.. a ,. . z � �..r. a.,, �.., r.. :§�U! x' �. f ,n ,, t -.,.,� -:x ., ..„ .x a t-h a:" } a a .'k r..d CA The fit-mrest it) E r. 0, . , WS 11I YA 5 y *#. d T e-K ,:s E? See t h e a put- tib # v Planning Dept. Exhibit 21 I I 3 I 1 3 S it ...i �...:�;.3'. � e:..:� e3� �._;,'.,x �F«g 3,M�3„x3��.� ;•• 3�Wn�„� 'fir ��' �jP��".��." ���°#",� � ,.��,.�+������. ���„s� �.. ��'y ��..� - 3 3 3"�3 €t x.:� $ �t?,:`^€'3" a >3 S� ^e'3' ,:rz w -,• s # s _,i � s �. .=".a i p � E i x x a � _ � .. M i understand t h e"i x.�,t i is smstewry in the Wilcanci, area. With tbo racent influx (A' visitors 3 3 A)) ua,,.'M+i i.., 8 ..„ a s• 4 .w > }#*. ' _U Ch RIM? WI T s On n 4 a U - , w en vacatbricars z ix ,... ,,.. } 4..1^ d �.Y ���� � � � `,3� the� d k � r.ai �t 18•,�. 3 �.E:;,,r. 3'"'� 3 . .� s.m ~tr; 13 n LUC,„i x �.�u� ,_.„x is t� y�,;. � r.��`.#w r—� ;» int-c, .r 1 w °,.r. L 1 i.E i 7 t"- illy: , ill',"", ..x.. E -x . ' 3 3 a ,.. ,t. NA i 'I r E 3 , tx r k I .. A �"i:..r P. ��a � �"# � �..: �. ,. i X �,a ' € I_I u� # } i } 7y to Al 0 t`p yy�pppyy777777 r ,„ „ t t jot Liar<(��,�rr �1�1rG iii .S11op Zv*Ai*$1,w1Al PA' 0+0 wie-V NMPM Ar LO tA n fi "•"997 N'+< Ef 4. 3 •ix w,t.i i f �j. a� x- y a k g`s r t y �2a C TIA ' Old VVI-CdAO t , Daniel Taylor P.0, Box 683 Volcano, HI 96785 224 August 2021 Mr. Zendo Kern, planning 07irector i i 1.071 Aupuni St. Hilo,til 967201 REF:opposition to a land use zone change in Volcano Village for lot 1:9.004:51 Aloha, Mr. Kern, I am a farmer member{then chairperson)of the PCDP Action Committee(2011-1015)and the former chairperson for the Volcano hong Mange Plan(20112—1016), 1 have been a resident of Volcano since 1979,during which time l served at Hawaii Volcanoes National Park as a Natural Resource Division leader(1979—1996),and served as a national park planner in, Myanmar(1992),Indonesia(1996— 1998), China(1998,2001,2003-04), and Uganda(201036-2007). A developer's proposal for a change in land use zoning from R5203(residential)to CV-10 in the core area of Volcano Village is improper. Such a zone change is contrary to the intent of the Puna Community Development Plan(PCDP,September 2008)and to the Volcano Long Range Plan(VLRP,July 20}14.) The PCDP is a regional plan that is subordinate to the County General Plan. The VLRP is a community-centric plan that emanates from the PCDP. it expresses the vision put forward by the Volcano community. When it was presented to your office in 2014 it carried overwhelming and documented support of the community. A community planner in your department praised the Volcano pian as it was presented to your office. The regional(Puna)plan and time community(VLRP)plan are necessary references to land use zoning in the affected areas,yet the developer has not made adequate reference to these vital documents, particularly the Volcano Long Range Plan, If the developer had done s ,he would have articulated the following references. 1. PCDP frequently refers to Volcano historical and cultural values. The section Malarna i Ka'Alna asserts the natural,historic,and cultural features of Puna should be preserved and respected. County has primarn+jurisdiction over land use and development in Ag and urbanjrural districts and can take proactive measures to protect resources In these areas, which encomposs...e arly towns and vlllbges. (PCDP pp 1-6,2-2) This section advocates Special Design Districts with detailed planning,design standards and review procedures for Volcano Village historic dare(2.1.3x) The PCDP advocates recognition of the value of native forest,with goals,objectives,and actions designed to promote re-zoning of forested Ag and residential lots In carder to praevent further subdivision. Planning Dept. Exhibit-22— 2. Volcano Long Range Plan,a document produced by the community,is preceded by the Vision 20/20 Plan,which prepared a substantial framework for the VLRP. The VLRP is an extension of the PCOP. The VLRP provides implementing guidance for promoting community values that are silent in the PCDP. A notable emphasis is evident in the desire to protect the canopy of the native 'Ohia forest that potentially would link the protected forests of four surrounding lands: Hawaii Volcanoes National Park, Kahauale'a Natural Area Reserve, Pu'u Maka'ala NAR,and the Kamehameha-Bishop Estate bird sanctuary. All elements of the VLRP format advocate harmonious settlement and development of forested properties. The IMPLEMENTATION section consists of a prioritized listing of action proposals. The highest priority of 16 items is a proposal to establish a Volcano Village Design District that would guide development to ensure compliance with County land use guidelines. It would be sensitive to historic,architectural,planning,and natural resources. This proposal would establish a design review committee with some members of the community in order to ensure that any development proposal would be responsive to these conditions. The committee would be advisory to the County Planning Director. 3. A Volcano Village Design District(28 August 2017)was presented by a committee of community members for consideration by the County Planning Department. This proposal expressed formal and specific guidelines for development projects,particularly in the village core area. The land use zone change proposal,which is the subject of this letter,addresses this issue. I am not aware of an action taken by the County Planning Department that would adopt or formally recognize this effort by the community. Such a reference would be highly valuable for the process of evaluating the developer's proposal. The draft Village Design District proposal specifically refers to RS-10 and RS-20 design guidelines. it refers to allowed uses in CV(Village Commercial)zones. Lodging houses would be permitted in CV,but not in RS. it would be highly appropriate for County Planning officials to review the community's Village Design District proposal before rendering a decision concerning the proposed land use change. At the very least the developer should be obliged to refer to the KDP and VLRP. County Planning officials might consider restoring the community propose for a Village Design District, and as well provide encouragement and guidance fbr community members who promote educated and planned advice for community growth. Therefore,the developer's proposal for a land use zone change is premature and incomplete. Sincerely, Daniel Taylor Llan Tapior Po Box 683r iyt to t4: Volcano,Hl 46786-0663 AUG'20 VA(unn III 107V AL11-ti-l',I S'. _'Y"21 101 l0whi St. Sude 3 I I In H 1 0672() 1\'I;: Chnnge of'zorAng applicutyrri I'or T]VIK, 1-9-004051 Pwpowd 3 shurt term vacat4on rental LINIS Dear Phinners I am lvritin' to oppose the requem Ar a change of zaiing for the parcel ret'erenced above. I-riends ofri,iine shared the. letter Sm the applicants with in, and I "unad to Wcc m" opinion on the request, Changing the zoning to n1low more vacation rental Units SeCIIIS 10 11111 COUnter to the attempt b} the Suac to IWR the number ol'vacation rentals in residential ncighbodiood,,�. I!'the COLInLy were to alloy,, a chance; urzoning-for C01111nerCial LlSe, it Should be 1`61- an enterprise that Volcano Village really ticeds. not more vacation rentals coming in through the "back door" of zone change. Sincerely. Martha I lovemon Planning Dept. Exhibit23 f�1 � w- r 96720-422 403 "btfftl44t/!h)j,FImoil ww"dwsowmq Mori, Ashley � From: ]oeblow 1oeb|owUy33@|ivezom> Sem* Monday, September13, 2O21 12:47 PM To: Planning Internet Mail Subject Fwd:Volcano Village Development Yes, | amreal. I'm using ananonymous email due tofear ofrepercussion ^ Planning Dept~ Please know that there is a large group of us who are vehemently applied to this being granted. There are currently over 200 Airbnb's in Volcano which aid more than adequate and this would have to be cleared pin to pin in order to building the structures and parking lot which has been proposed.This will affect the community in a large way bring yet more traffic to our small village, more impact on the Rainforest,which is in a buffer zone, increased hostility to an already over crowded business model, (Airbnb,the lodge,Volcano House,existing True Band B,s . There is to be an up coming meeting at Cooper Center regarding this, but due to COVID regulations it is going to be very limited in size. VVefeel this could be a ploy by the County to circumvent a true process and shove this permit through to which would probably result in a class action lawsuit by the many people here in Volcano, residents and business owners alike who oppose this. in other words,we are hoping to avoid an embarrassing moment for the county,the mayor,and the already highly mistrusted planning dept. |will besending acopy ofthis tothe mayor. |nthe past, Mayor Roth has shown agenuine interest inVolcano and maintaining its limited development,crime, and gentrification. VVehope hecontinues tobeonally. What xveare asking isfor this permit tubenot given any consideration . Thank you for your time. Sent from my i Pad Begin forwarded message: Frorn:joe b|ow^joeb|oxvOQS3@|ive.com> Date:September 13' 2O21at1I:33:53PK4HST To: p|anning@phawaiioounty.Qov Subject:Volcano Village Development Yes,I am real.I'm using an anonymous email due to fear of repercussion Sent from myiPad z Y 1 tier = "�•t♦��`���,, ��` ,% Jff� v' y To S -36,373 IE , 1_9-004, 011 TI` , FOR O tNjFORMATI( ' �C}��AC�: irrx Departmenteet, 43 101 s G r 96720 rr rte° Phu, -6288 T Mori, Ashley From: Joe Blow <kneblowOg3]@|ivezom> - Sent: Monday, November 8, 20214:36 PM To: Planning Internet KXni| Subject: Permit sign onold volcano road We have noticed that the sign for rezoning on Old Volcano road is still up which we interpret as nothing being done except to go ahead and give the permit to raze the entire lot and develop more airbnbs. As we stated in our first email,we don't need anymore airbnbs in volcano.There are currently 300 of them in the area. Obviously someone or some group is going to receive some form of payment or favor for granting the permit. We will petition the Prosecutors office tuinvestigate ifthis passes. Don't think uehave forgotten about this. Aconcerned group inVolcano against development. Planning � Mori, Ashley From: Lorna Larsen-Jeyte <tutu|orna@gme|zum> Sent: Monday, November 22, 2O212:]5PM To: VVP[testimuny Subject: RE: Raja Daggu|achangemJzone (3) 1-9-004:51 My name is Lorna Larsen-Jeyte and | live onOld Volcano Rd inVolcano Village. (3) 1-9'004:4D. |object tothe proposed change of zone from Residential 20,000 to Village Commercial 10,000 for several reasons. 1\The proposal isfor 6STVRunits on36,D0Osqft. The site isheavily forested with ohiaand other native flora. From the plans, I surmise very little of the native forest will be left after all the requirements are met for construction. When the neighbors on Uluhe Way built their modest cottages,they didn't visualize that someone would take down the entire thick forest at the forefront of the lane.Their visual field will now be Old Volcano Rd traffic and a bunch of houses. This lot should remain residential. 2) If the zoning change is enacted, it will set a precedent for others contiguous to commercial property on Old Volcano Rdtoput more STVR. Since the ordinance came into effect for no new STVR applications on existing residential homes, this conversion might very well see the beginning of more STVR on Old Volcano Rd, rather than some needed businesses the community would prefer. VVealready have ALOT ofSTVRinVolcano's community. About 2OOatlast count. 3)This is an example of another STVR hopeful who would not live on the property, but rather.in Oregon 2300 miles away. income would leave the community except for housekeeping and yard help and a reservations system(often off island.) It is taking advantage of our rural setting with forest and close proximity to the National Park to make off island money. That doesn't sit well with local members ofour community. 4)There are already several established B&Bs for sale |nthe community. Why not buy one ofthose instead ofbringing in dozers to destroy a beautiful forest and end the peace for neighbors on Uluhe Way? And set alousy precedent. Thank you, LornaLarsenJeyte 35year resident member ofVolcano Community Foundation, Experience Volcano Hawaii and Friends ofVolcano School. Planning Dept. Mori, Ashley From: DarmArai <Darm.Arai@oudookmm> Sent: Tuesdmy, August 31, 2021 8:37 PM To: Mori,Ashley Cc: 'Raja Daggu|a'; 'dukunderr'; Sidney Fuke; Cook, Eric Subject: REZ21-OOO249Applicants: Raja Daggu|a and ShaUni Kapoor response toAgencies' Comments Attachments: REZ-Z1-OOO249Applicant's Response toAgencies Comments 2O21.O8.31.pdf Good morning! As part of the above-described change of zone application forthat property located in Volcano (TK4K: 1-y'004: 051), please find attached the Applicants' response to comments received from the various reviewing agencies for proper dissemination tuthe Windward Planning Commission, Planning Director and staff, and responding agencies. Should you have any questions, please feel free to contact me. Varyn Daryn Arai Mobile: /808\ 895'321.8 Planning / Qaryn Arai Land Use Planning Consultant Mr. Zendo Kern Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo,FU 96720 August 31, 2021 Dear Director Kern: Application: Change of Zone Application(REZ 21-000249) Applicants: Raja Daggula and Shalini Kapoor Subject: Response to Agencies' Comments TMK• TMK: 1-9-004: 051 Volcano Puna Hawaii Thank you for providing the Applicants,Raja Daggula and Shalini Kapoor, with copies of comments received from reviewing agencies and the general public regarding the above- described application. To facilitate your review of these comments, on the Applicants' behalf, we have elected to provide you with separate response letters, one addressing agencies' comments and the other, public. This letter addresses the agencies' comments. a. Police Department(memo dated July 28, 2021) The Police Department notes that it does not anticipate any significant impact to traffic and/or public safety concerns. b. Department of Water Supply (memo dated July 29,2021) As noted by the Department of Water Supply, the subject property is not within the service limits of its existing water system. However, as noted in the report accompanying the application, to"facilitate the development of village centers in rural areas that are not currently service by a public water system", Section 25-2-46(n) of the Zoning Code regarding Concurrency requirements authorizes the Hawaii County Council, through its action on this rezoning request, 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 • is designated as an " urban and rural center" on Table 14-5 of the General Plan; and • is designated for urban use on the land use pattern allocation guide map of the General Plan; and P.O.BOX 4501,HILO HAWAII 96720 PHONE: (808)895-3218 EMAIL:DARYN.4RAI@OUTLOOI COM Mr, Zendo Kern, Director County of Hawaii Planning Department Page 2 of 5 August 31, 2021 • provides for conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and firefighting, The Applicant will construct an on-site water holding tank to provide for the potable water needs of the project as well as a separate rainwater catchment tank with appropriate fittings for fire suppression purposes to address the last guideline. c. Department of Public Works (memo dated July 22, 2021) The Applicant will ensure that grading and grubbing of the property will comply with all applicable requirements of Chapter 10,Erosion and Sedimentary Control, of the Hawaii County Code and ensure that all development-generated runoff will be disposed on-site and not directed toward any adjacent properties. A drainage study will be prepared as required and part of the Plan Approval process, and the recommended drainage system improvements will be constructed in conjunction with the development of the site. Driveway connection to and construction within the Old Volcano Road will conform to Chapter 22 of the Hawaii County Code, including provisions for adequate sight distances. The Applicant agrees to install streetlights and traffic control devices within the Old Volcano Road at the project's driveway access as may be recommended by the Department of Public Works. The Department of Public Works has recommended curb, gutter, sidewalk and related drainage and utility improvements along the property's Old Volcano Road frontage within any future road widening setback established by the Planning Department. There are no sidewalks along any portion of the Old Volcano Road. The Applicant is requesting relief from these roadway shoulder improvements along the property's Old Volcano Road street frontage given lack of similar improvements fronting other properties along the same roadway as well as to maintain the rural character that so well defines Volcano Village. However, should these roadway shoulder improvements be deemed necessary by the County and consistent with the requirements imposed upon the immediately adjoining commercial property to the west,the Applicant and its successors will agree to provide their pro-rata share for the construction of full shoulder improvements to the entire property frontage along Old Volcano Road consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation meeting with the approval of the Department of Public Works (DPW), in conjunction with an established County- approved program for the installation of curb, gutter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunani Road. Mr. Zendo Kern,Director County of Hawaii Planning Department Page 3 of 5 August 31, 2021 d. Department of Environmental Management(memo dated July 27, 202 1) The project site and all of Volcano Village is not serviced by a municipal sewer system. Wastewater generated by the project will be disposed into Department of Health- approved septic system(s). Solid waste will be transported to the Volcano Recycling and Transfer station for disposal, which is located about 2 miles from the project site. e. State Department of Land and Natural Resources-Historic Preservation Division (SHPD) (memo dated August 4, 2021) While an archaeological survey was not conducted,the SHPD did not object to the proposed change of zone subject to"...an opportunity to review any future permits involving ground disturbing activities related to [the]proposed development of the subject parcel." The Applicant will apply for any required grubbing or grading permits associated with the proposed improvements, processes that require the review of SHPD prior to its issuance. f. State Department of Land and Natural Resources-Division of Forestry and Wildlife (memo dated August 18, 2021) Relative to the Hawaiian hawk, the Division of Forestry and Wildlife(DOFAW) commented about noise and its potential impact to the hawk's breeding season—March through September. As such, the Applicant will avoid any land clearing during that period. Similar precautions to address the potential of the Hawaiian Hoary Bat on the site will be taken. These include no site clearing during the pup rearing season (June I through September 15), including any removal of wood plants greater than 15 feet. Likewise, the Applicant will be mindful of the presence of any Hawaiian Goose or Nene within the property or immediate vicinity activities and will cease all construction activities within 100 feet of the bird(s)until they leave on their own accord. To address the potential of seabirds flying in that area and getting disoriented, all lights will be fully shielded. The applicant intends to retain as much of the'Ohia trees on the property and, if needed, use native plant species to supplement its landscaping. However, to minimize the introduction of invasive fungal pathogens into this area—such as Little Fire Ants or Rapid 'Ohia Death—the applicant intends to consult with the Big Island Invasive Species Committee to assist with the"planning, design, and construction" of the proposed project and landscaping to mitigate the spread of these pathogens. Mr. Zendo Kern, Director County of Hawaii Planning Department Page 4 of 5 August 31, 2021 g, State Department of Land and Natural Resources-Engineering Division(memodated August 19, 2021) The Engineering Division noted the necessity to comply with applicable National Flood Insurance Program requirements. In this case,the subject site is designated"Y' or areas outside of the 100 year storm on the FIRM maps and, as such, the regulations are not applicable h. U.S. Fish&Wildlife Service(email dated August 9, 2021) The U.S. Fish&Wildlife Service provided guidance on those species protected by the Engendered Species Act that are most likely to occur within the vicinity of the project area and recommended conservation measures through early consultation with the Applicant during the site planning process to avoid or minimize adverse effects to these protected species and implement best management practices to minimize and avoid sedimentation and erosion impacts to water quality. Animal species that may occur within the project area include: Birds 1. Hawaiian hoary bat 2. Nene goose 3, 'i'iwi 3. band0rumped storm-petrel 4. Newell's shearwater 5. Hawaiian hawk Insect 6. Blackburn's sphinx moth Plants 7. 'aki! 8. ha'iwale Biosecurity Protocols recommended, as.applicable to the subject property,-include minimizing the spread of the Rapid 'Ohi'a Death (ROD)fungus by minimizing the number of trees to be cut to accommodate the project and using best management practices regarding equipment and tools used to cut 'Ohi'a. Best management practices were also mentioned as it pertains to minimizing the spread of Little Fire Ants. As noted earlier,the Applicant will follow these recommended protocols to minimize adverse impacts upon these protected species and the spread of ROD and Little Fire Ants. ........... .......... Mr. Zendo Kern,Director County of Hawaii Planning Department Page 5 of 5 August 31, 2021 Thank you for the opportunity to respond to these comments. Should you have any questions,please feel free to contact me. Sincerely, Daryn Arai copy via email: Mr. Raja Daggula Mr. Sidney Fuke Mori, Ashley From: DarynArai xDarm.Ami@oudook.com> Sent: Tuesday, September 14, 2O218:59AM To: Mori, Ashley Cc: 'Raja Daggu|a'; Sidney Fuke;Cook, Eric Subject: Re: REZ21-O0O249 Applicants: Raja Daggu|a and Sho|ini Kapoor response to Public Comments Attachments: REZ-21-OD024yResponse toPublic Comments 2U21.O9.14.pdf K4yapologies everyone! Attached is the correct response. u8ryn DarynArmi Mobile: (808)895-3218 From: [brynArai<Daryn.Arai@out|ook.com> Sent:Tuesday,September 1i2OJ1O:5ZAM To: Mori,Ashley<Ash|ey.K8ori@phawa|icounty.8ov> Cc:'Raja DoBgu|a'<raja.da8gu|a@gmai|.00m>;Sidney Fuke<sidfuke@haxvaiiante|.net»;Cook, Eric <EricCook@phuwaiicounty.gov> Subject: REZ 21-000249 Applicants: Raja Daggula and Shalini Kapoor response to Public Comments Good morning! As part of the above:-described change of zone application for that property located in Volcano [TMK: 1-9'004: 051), please find attached the Applicants' response to comments received from the general public for proper dissemination tothe Windward Planning Commission, Planning Director and assigned staff. Please note that a copy ofthis response is being mailed and/or emailed tothose individuals and organization that provided comments. Should,you have any questions, please feel free to contact me. � Daryn DarymArai Mobile: /808\ 885'321.8 ` Planning Dept. � Mr. Zendo Kern. Dii-ectoi- County of Hawaii Planning Department 101 Patiahi Street, Suite 3 Hilo, HI 96720 September 14, 2021. Dear Director Kern: Application: Change of Zone Application(REZ 21-000249) Applicant: Raja Daggula and Shalini Kapoor Subject: Responses to Public Comments IM K TMK: 1-9-004: 051 Volcano, Puna, Hawai'l Again, thank you for providing the Applicants, Raja Daggula and Shalini Kapoor, with a copy of agency and public comriieritsregarding the above-describedapplication_ Asnoted inour earlier response to agency comments, this letter will respond eXCILISIVely to public C1101nments received to date. Hopefully, this separation will facilitate your review of this application, To date, there are seven (7) public letters, one(1) of which is from the Volcano Community Association. The other public letters were from Theresa Ann Reed(July 31, 2021); Martha Hoverson (August 8, 2021); JefTrey Mermel(August 19, 2021; Lorna.Lafsen-Jeyte (August 12, 2021); Aubrey Hawk (August 18,2021); and Jonathan and Jocyll lie Clark (August 11,2021). In sum, their collective concerns revolved around regulatory compliance, the nature of the proposed use(short term, vacation rentals or STVR); removal of the 'Ohia forest canopy and other native vegetation required to accommodate the project,, noise and traffic impacts; and adequacy of infrastructure(water). We would like to use this rneans to address these concerns, Regulatory Compliance The issue here is whether the requested CV zoning is consistent with the County General Plan, Puna CommunityDeveloptnent Plan, and the Volcano Long Range flan. We answer in the affirmative, The subject property is designated Medium Density Urban on the General Plan Land Use Pattern Allocation Guide map. Because such a designation allows commercial Zoning, the requested CV zoning General Plan LUPAG map, ,,is consistent with the P.O.BOX 4501,HILO IIANAVAII 96720 PHONE(808)895-3218 EMAIL Dr_YN_AR_A1@'0U'1'LOOK.COM Mr. Zendo Kern. Director, County of Ha,,vaii Plannin- Department Page 2 of 6 September 14, 2021 further, tile. le. Puna COMMUnity Development designates the Subject property to be within the Volcano C01111111-111it-y Village Center, an area aloes.-, the Old Volcano Hi,fiwav between Hal-Inani Road and Wright Road as shown below and represented as Figure ()-P(..D[3 Coinniunity Village('enter with the Applicants' change of zone application. SUBJECT PROPERTY A i Va�rjfio Communiv. V(' 4, ae *6 V60_aM R J Volcano conunmi"v Village CeMet B owidan' Cf"mnliwhl /ore Figure 6—PCDP Conin-itinity Village Center The property is Situated within the Volcano Village historic core and Biosphere Reserve Buffer Zone and subject to the establishment of Special Design Districts with detailed planning, design standards and review procedures that seeks to protect the history and cultural traditions of the Puna District, which includes the native forests that are an important part of the native culture and especially the 'Ohi'a forest canopy. Although such a Special Design District has yet to be established for Volcano Village,the project—as will be discussed below- will be designed to minimize the removal of the existing'Ohia forest canopy to the extent practicable. Even in the N-ir, Zendo Kern, Director, County of 1-1mviiii Planning Department Pw'e 3 of 6 September 14, 20-11 absence of Special Desitin District standards, the Applicants strongly believe that the proposed development and use of the property as a 1-Unit STVR provides the best Opportunity to 111111iMiZC siomficani adverse effect upon the existill" 'Ohi-a forest canopy, as discussed further below. It should be noted that the same regulatory consistency determination was made for the property immediately adjacent and to the southwest of the project site that was recently rezoned into the same CV-zoning district in 2019 to accommodate the expansion of the Kilauea Lodge complex. Had that determination not be made, the rezoning would not have been possible. Nature of Use(Short Term Vacation R Mall Relative to the proposed STVR use, some expressed disdain over the proliferation-and especially uncontrolled growth- of STVRs within Volcano Village and the purported use of the rezoning process to circumvent the STVR review and approval process. While the concerns are understandable, it is maintained that that is not entirely the situation here. Fur-ther, in deference to that concern, the Applicants have agreed to modify their plans as will be discussed below. First in terms of process, the intent of the County's STVR ordinance was to manage STVRs. It did so by making clear where STVRs would or would not be permitted, Related to this rezoning request, the permitted areas would be limited to: I, Resort(V), General Commercial (CG) and Village Commercial (CV)districts-, 2, Commercial zones and residential zones within resort areas designated by the General Plan. It was made clear that within residential and agricultural zones not designated as a resort area, new STVRs were not allowed. However, existing STVRs within non-permitted areas could be allowed, provided that they were properly registered on an annual basis and maintained certain standards, These STVRs were identified as"Non-Conforining." It should be noted that most of the STVRs in Volcano Village fall in the Non-Conforining category, Because STVR uses are allowed in the CV zone, the Applicants sub4nitted their CV rezoning request. A circumventive and opaque process would be constructing a single family dwellina and an ohana dwelling (as allowed by the current RS-220 zoning) and then renting them out oiianiiTiinitimof3l-dayperiod. Along the-way, a grading permit could besecured to grading denude the entire property, as is currently allowed. However, that is not the process the Applicants wish to undertake, as their goal is to be good neighbors and part of the Volcano Village conimunity. Mr. Zendo Kern.. Director County of Hawaii Planning Department I'la,-),e 4 of 6 September 14, 2021 The Applicants further understand the problems associated with STVRs with absentee owners. Unlike the standard Bed and Breakfast operation where a manager or owner resides on the same premise to control Unruly guests or can readily address complaints from neighbors, the typical STVR does not. In that regard, the Applicants intend to have a '*host" or person reside in the lower level of one of the units that Would be converted to a two-story structure in order to minimize the need for additional building site area and avoid further disruption to the existing'Ohia forest canopy. The project would essentially be comparable to a 6-bedroom Bed and Breakfast, with the host/manat-_,er livitic), in one of the units As a"hosted" STVR, this would not require its registration with the County Planning Department. 1-lowever, this approach would provide for a "reachable person" through the"host" or person living on-site to promptly address any complaints and to manage the STVR in a manner that is compatible with the surrounding community, which includes the adjoining Kilauea Lodge complex. Impact on the 'OhPq Forest Canopy In response to the concerns expressed regarding the importance of the existing 'Ohi'a forest canopy, the Applicants wish to express their intentions of preserving as much of the existing 'Ohi`a tree canopy as possible since their goal is to present the entire project as a"tree house concept". To memorialize their response to the concerns, the Applicants have refined their project concept, as presented below and attached as Figures I and 2, to reduce the overall floor area of each proposed STVR unit to reduce its overall footprint upon the land, while also providing a small lower I evel living area within Unit I to provide an on-site host that will manage the STVR operations. STVR Original Concept Revised Concept Unit 1 3.060 square feet li6iia/one story 0,bedroom 2,200 square feet living/two story/3 bedroom (note:liming unit on lower level for swiz tiost.) Unit 2 1,500 Square feet living/onestory/2 bedroorn 700 square feet living/txvo story /2 bedroom Unit 3 900 square fee( I k ing one stor% i I bcdrOOM 700 square feet ti\Ing/M ostolA. / I bcdroom I These smaller STVR units will allow the Applicants to strategically place each unit amongst the existing 'Ohla trees in order to minimize the number of trees that must be removed, while promoting a"tree house" design approach with each unit being elevated about 15 feet off of the ground. Mr. Zendo Kern., Director Count,,,, of Hawaii Planning Department Page 5 of 6 September 14. 2021 Further in deference to the raised concerns regardinu, the 'Ohi'a trees and the spirit of being neighborly, prior to SUbm Itting plans for Plan Approval, the Applicants would be wi 11111L, to consult \vith their immediate neighbors to help site the location Of the Stl-LtCtUres-_ .Noise and Traffic Impact The noise and traffic impacts should not be significant. Relative to noise, because the STVR will now be operated as a"hosted" STVR Or like a Bed and Breakfast facility, guesW noise should be controlled. To some extent, with that type of control,the noise and related nuisance-type of impact resulting from barking dogs, late night -parties, etc of a full-time resident could be less. Traffic would be like having three typical residences on the property. This should not be as heavy as other permitted uses within the CV zone, such as a restaurant or retail store. Adequacy of Infrastructure A comment was made that the site is not serviced by a public water system, That is true. However, the Zoning,Code allows the rezoning of commercial uses in those areas with the understanding that the appropriate supportive system will be provided, In this case, the Applicants will have storage tanks and corresponding fire suppression systems installed on site, Summary The Applicants have made a sincere effort, through this letter, to address the concerris expressed by members of the Volcano Community, The proposed"hosted" STVR presents a reasonable approach towards the development and use of the property in a manner that respects the special character and unique qualities within this particular part of Volcano Village. Uses typically permitted by its existing Single Family Residential (RS-20)zoning, such as the construction of a dwellina and maybe an ohana dwelling,, may have greater deleterious effects upon the existing'Ohia free canopy and upon neighbors through lack of controls upon the property that can be afforded through this rezoning process, With no Special District Design standards currently In place,the subject property can legally be cleared of trees frorn pin to pin should the existing RS zoning be retained. Other types of commercial activities that may be allowed by the requested Village Commercial (CV-10) zoning, Such as a convenience store, hotel and food establishments, may have similar undesired effects due to additional floor area requirements, higher traffic volurnes and additional parking and loading stalls, not to mention the noise associated with these types of commercial uses. The Applicants convey their appreciation to their neighbors who have taken the time to express their concerns, and hope that this response brings some level of assurance that they will commit to being good neighbors and an asset to the Volcano community. Mr. Zendo Kern-. Director County of Ha,.vaii Plaimim, DepartmentZ7 Pa,,e 6 of 6 September 14 2021 11Inallv, althow-Y.h this letter is directed to VOUr office, a copy is bei mg sent to all seven public comineilters. Should VOU have further qLICStiOlIS Or C01111nerItS on this matter. please feet free to forward thein to ine. rharik you very Much. Sincerely., Daren Arai enols: Figures I and 2 copy w/encls: all 7 public commenters copy w/encls via ernail: Mr. Raja Daggula Mr. Sidney Fuke T c PRCP05W DMLIH5b,M20 6AL vom5 IG 40Sdbd W.TER TASK 3066 5F N(EMM ._ 642 54'POR01 G) I l r W FOR 5 n fIELDr . Z _t 0 it ter.ccw— rxaa m 30560 G a �LFNID WNWLACk�' r i i 7 i' i s t t pg F[4i.5 lgbw 6,tL C01450-ED rum Hf3G.R3-20 - . 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O ,ra �� Ar �...x.a S:.T Y OF t RDa2L,u11REZ.EC.10.19.21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION RAJA DAGGULA CHANGE OF ZONE APPLICATION (REZ 21-000249/PL-REZ-2021-000007) 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— 10,000 square feet(CV-10)zoning district for .835 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 a Single-Family Residential —20,000 square feet(RS-20)to a Village Commercial — 10,000 square feet (CV-10)zoning district for .835 acres of land, in order to establish a 3-unit short term vacation rental (STVR) complex that will consist of three(3) one-story single-family dwellings. The applicant originally proposed one(1) one-bedroom dwelling (approx. 900 sq. ft.), one(1)two-bedroom dwelling (approx. 1,500 sq. ft.), and one(1)three-bedroom dwelling (approx. 3,060 sq. ft.), for a total of six (6)bedrooms within the complex. In response to public testimony the applicant has refined their project concept to reduce the overall square footage of each proposed STVR unit in order to reduce its overall footprint on the land and reduce the amount of clearing that will be required to construct the rental units. The revised proposal includes one (1) one-bedroom dwelling (approx. 1,077 sq. ft.), one (1)two-bedroom dwelling(approx. 1,077 sq. ft.), and one (1) three-bedroom dwelling(approx, 2,209 sq. ft.). The applicant has also revised their plan to operate a Short Tenn Vacation Rental (STVR) and have opted to operate as a hosted rental. In the revised proposal the lower level of the three-bedroom dwelling will be used as the living quarters for the vacation rental host/manager. The applicant also proposes to construct a 6-stall on-site paved parking area with one (1)paved stall designated for accessible van parking. The applicant state that there Z� will be a minimum of two(2) septic systems installed to service the three (3) STVR units and accommodate for the proposed six (6)bedrooms as well as an on-site potable water holding tank and separate rain catchment system for fire suppression requirements. Please note that should the change of zone to CV-10 be approved, the 36,3)73 square foot lot could be subdivided into a maximum of three (3) lots and any use permitted in the CV zoning district could be established on the property. 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. 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. -2- ■ 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 Haunarii Road and Wright Road as designated by the PCDP. Volcano Village is designated as a "Community Village Center"in the Puna CDP, Per the CDP, the typical components that exist within a Community Village Center are as follows: "Between 20 and 40 small tenant spaces for retail and personal services,repair shops, community park, elementary or middle school, community center and outdoor events area, bed-and-breakfast homes and small inns, elderly or other special needs housing, transit stop, medical clinic, walking and bicycling paths."Finally, the proposed change of zone is in alignment with the Draft Volcano Long Range Plan as Old Volcano Road is in the proposed business district in the draft plan. However, the Volcano Community Association (VCA) expressed their opposition to the project as well as their opposition to the establishment of a Short-Terni Vacation Rental (STNIR)operation in Volcano Village. Finally, the VCA expressed a desire for the retention of as many 'Ohi'a trees and other native trees and plants on site as possible. The applicant has stated that they intend to preserve as -3- much of the existing 'Ohi'a tree canopy as possible, and have altered their project proposal in response to pubtic comments to further red-Lice the size of the dwelling footprints on the forest floor. Additionally, a condition of approval has been added to require the applicant to construct the proposed project, or any future project, in a manner that is consistent with the character and style of the surrounding neighborhood in order to maintain the historic and rural character of Volcano Village. 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 134 feet of frontage along Old Volcano Road and the topography is fairly level. The entire property is heavily vegetated with a canopy of'Ohi'a trees and the understory of hapu'u ferns,uluhe ferns,various shrubs and grasses as well as other native and introduced vegetation. The eastern boundary of the parcel is bordered by a private roadway owned by Robert and Pi'ilani Mason. There is a mixture of residential, village commercial and agricultural zoning and uses in the area. Several properties directly adjacent to the west are zoned Village Commercial (CV-10) and consist of the existing Kilauea Lodge facilities- 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). 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. The Volcano Community Association (VCA) as well as ten (10) other community members have submitted written testimony in opposition to the proposed project associated with the Change of Zone application. The two main issues that were presented in these testimonies is opposition to the establishment of an STVR operation in Volcano Village, as well as opposition to the clearing and removal of the native ohi'a forest on the subject property. In response to the public testimony received concerning the operation of the proposed STVR the applicant has elected to operate the vacation rentals as hosted rentals in hopes to address the concerns of the community surrounding the previously -4- proposed un-hosted STVR operation. In response to the opposition to cutting and clearing the native forest on the subject property the applicant elected to reduce the ground level square footage of the three (3)vacation rental units in order to reduce the size of the building footprints on the forest floor. Additionally, the applicant has stated that construction of the proposed vacation rental operation will be executed in a manner that will preserve as much of the existing native forest as possible. A condition of approval could be added to limit the uses on the property to only a hosted vacation rental or exclude STVR's; however, the legality of this is uncertain since zoning allows a full range of permitted uses. All essential utilities and services are available to the site. The subject parcel is currently undeveloped and has no existing driveway connection. Proposed access to the project site is via Old Volcano Road, a two (2) lane, County owned and maintained roadway with approximately 38 feet of pavement within an existing 50-foot night-of-way with no curb, gutter, or sidewalk improvements. The applicant proposes to include on-site paved parking for six (6) vehicles, one of which will be handicap van-accessible. Standards for commercial zoning include requirements for paved driveways and parking, therefore, the applicant will be required to pave the driveway(s)for the subject development. The preceding will be added as a condition of approval. 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. DPW recommends the improvements to be located within any future road widening setback established by the Planning Department. Currently there are no functional classifications for the roads in the Volcano Village area. However, Old Volcano Road fits the description of a Minor Street, which requires a minimum right-of-way of 50 feet. Since the existing right-of-way is 50 feet, the Planning Department will not require a future road widening setback. DPW recommends that all driveway connections meet the requirements of Hawai'i County Code and that the -5- applicant install any required street lights or traffic control devices that may be necessary, with design purchase and installation being the responsibility of the applicant. The applicant is requesting relief from the roadway shoulder improvements consisting of but not limited to,pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and any required utility relocation along the property's Old Volcano Road street frontage, given lack of similar improvements fronting other properties along the same roadway as well as to maintain the rural character of Volcano Village. The Planning Department recommends forgoing the standard requirements at this time for roadway improvements for commercial zoning which include pavement widening, and curb, gutter, sidewalk improvements at full cost to the applicant. Instead, the Planning Department recommends a condition be added that requires the applicant to provide their pro-rata share for the construction of full improvements to the entire property frontage along Old Volcano Road at such time a program for the installation of curb, gutter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunani Road is enacted. This is similar to the condition included in the adjacent rezone, TMK: 1-9-004:004, to village commercial granted in 2020, and therefore the preceding will be added as conditions of approval. According to the applicant, the proposed development is anticipated to generate three (3) vehicle trips during the PM peak hour and should not have a significant adverse impact to traffic along the Old Volcano Road. Given the small scale and scope of the project, a TIAR was not performed as the project conforms to the County's concurrency requirements. Should the Applicant develop a land use which will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR)shall be submitted prior to Final Plan Approval. The preceding will be added as a condition of approval. 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) -6- Hawaii County Code, related to concurrency states, "to facilitate the development of J>illqge centers in rural areas that are not currentlyseried by apublic ivaters�ystent, the council incty ii,'ah)e the ii'atersuj)plv requirements for re--onings,tbr commercial or light industrial uses in areas that do not currentiv have a public water system, and where the 61elmi-Itnent of water s1q-)I)h,has no plans to build apublic water system, and ivhich are (1) designated as an "urban or rural center" or "inch(strial are"on Table 14-5 of the General Plan and(2) desiqnateclfi or urban use on the Lana'Use Pattern Allocation Guide, Map oJ'Ihe General Plan;provided that conditions qfioning shall require water supply consistent with public health and safety needs such as sanitation andflreflghtillg. " 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 rainwater catchment tank for Fire Department use, and a separate water holding tank for potable water. The applicant will be required to comply with Fire Department requirements for fire suppression water availability. The preceding will be added as a condition of approval. 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 applicant states that a minimum of two (2) septic systems will be installed to service the three (3) single-family dwellings. 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, or the STVR operator, who will dispose of the refuse at authorized landfill sites. 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. -7- 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. The State Historic Preservation Division (SHPD) stated they have no objections to the proposed development. However, SHPD requests an opportunity to review any future permits involving ground disturbing activities related to proposed development of the subject parcel. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'ctLti 0 Kct'Ainct" 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. ■ The valued cultural,historical, and natural resources found in the rezoning area: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. SHPD reported that the subject property is located within the boundaries of the Historic Volcano Residential District(State Inventory of Historic Places [SLHP] 50-10-53-07414). According to SHPD this district does not have any official design guidelines or restrictions associated with it. No professional floral or fannal survey was conducted of the property. The applicant reports that the property is currently heavily vegetated with an extensive canopy of'Ohi'a trees and a dense understory of both native and introduced plant species such as Hapu'u fern, uluhe (false staghom fern), waiwi (strawberry guava), and various weeds and grasses. The property and surrounding areas are Imown habitats for several native plants,birds and invertebrates. In addition, introduced bird species such as dove, Japanese White-eye,house finch, myna birds are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also present. These animals are all common and not endangered. According to the Department of Land and Natural Resources Division of Forestry and Wildlife(DOFAW)the Hawaiian Hawk or 'Io(Buteo solitarins) is known to occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAyV also reported that Hawaiian Hoary Bat or'Ope'ape a(Lctsiurus chiereus selnotils) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June I"through September 15th. Finally DOFAW reported that the Hawaiian Goose or Nene(Br anto sancMcensis)may also potentially occur in the vicinity of the proposed project site. It is against State law to harin or harass this species. DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species. The Department of the Interior: Fish and Wildlife Service was unable to provide an in depth review of the project due to significant workload constraints, however they provided a list of species most likely to occur within the vicinity of the project area. The following species may occur within the vicinity of the project area: Hawaiian Hoary Bat, Hawaiian Goose or Nene, 'i'wi, Band-romped storm-petrel, Hawaiian petrel,Newell's shearwater,Hawaiian Hawk, Blackburn's sphinx moth, `ako, and the ha'iwale. The USFWS provided guidance on measures to avoid and minimize project impacts to the listed species. ■ 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. Lastly, this recommendation is made with the-understanding that the applicant remains responsible for complying with all other applicable governmental requirements -9- 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 pen-nits,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) zoned district to a 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 25-8-213 (Volcano-Mountain 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, -10- �JMSY OF tly�*f` COUNTY OF HAWAII ,' �- STATE OF HAWAII tTf oFWHt� BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-3 (VOLCANO -MT. VIEW ZONE MAP) 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, PUNA HAWAIJ, COVERED BY TAX MAP KEY: 1-9-004:051 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3,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 `Ola`a Summer Lots Puna, Hawaii, shall be Village Commercial, 10,000 square feet(CV-10): Beginning at the east corner of this parcel of land, and on the west side of Volcano Road,the coordinates of said point of beginning referred to Government Survey Triangulation Station "KULANI" being 32,457.47 feet South and 23,782.01 feet East and running by azimuths measured clockwise from True South: 1. 530 54' 134.80 feet along the west side of Volcano Road; 2. 1490 31' 278.73 feet along Lot 11; - 3. 2390 3 P 134.15 feet along Lot A; 4. 3290 31' 265.54 feet along Lot K to the point of beginning and containing an area of 0.838 acre. -1- 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. INSERT 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 1 st Reading: Date of 2nd Reading: Effective Date: -3- CDaqu11aPFZ.EC.10.13.21 RAJA DAGGULA CHANGE OF ZONE APPLICATION (REZ 21-000249/PL-REZ-2021-000007) CONDITIONS OF APPROVAL A. The applicant, successors or assigns (Applicant) shall be responsible for complying with all of the stated conditions of approval. B. The Applicant 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, or any other development on the subject parcel permitted within the Village Commercial (CV)zoning district classification, shall be built in a manner that is consistent with the character and style of the surrounding neighborhood in order to maintain the historic and rural character of Volcano Village. D. 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 shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code),Hawaii County Code. Plans shall identify all 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. E. The Applicant shall provide their pro-rata share for the construction of full improvements to the entire property frontage along Old Volcano Road consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation meeting with the approval of the Department of Public Works (DPW). This pro-rata share for roadway improvements specified in this condition shall be determined by the DPW and shall become due and payable to the County of Hawaii within six (6)months from the date that formal notice is served upon the Applicant by the DPW regarding a program for the installation of curb, glitter and sidewalk improvements along the frontage of Old Volcano Road between Wright Road and Haunan] Road. F. Driveway connection(s) to Old Volcano Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. G. 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. H. Should the Applicant 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. 1. 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 Departillent 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. J. The method of sewage disposal shall meet with the requirements of the Department of Health. K. In the 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, the Applicant shall 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 -2- an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L 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 I st 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. M. 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. N. 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. O. 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 this species is present during construction activities, all activities within 100 feet should cease, and the bird should not be approached. 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 N6ne 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. P. 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 peal-,breeding season between January I and June 30. Q. Should the Applicant develop residential units on the subject property, the Applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or Final Subdivision Approval, whichever is applicable, and shall be based on the actual number of additional residential units or lots created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be detenuined 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(HCPI). The fair share contribution shall have a combined value of$9,662.28 per multiple family residential unit or lot($15,057.57 per single family residential unit or lot). The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit or lot(single family residential unit or lot) shall be allocated as follows: 1. $4,766.13 per multiple family residential unit or lot($7,261.03 per single family residential unit or lot)to the County to support park and recreational improvements and facilities; 2. $150.63 per multiple family residential unit or lot($350.27 per single family residential unit or lot)to the County to support police facilities; -4- 3, $463.37 per multiple family residential -unit or lot($691.83 per single family residential unit or lot)to the County to support fire facilities; 4. $206.52 per multiple family residential-unit or lot($302.89 per single family residential unit or lot)to the County to support solid waste facilities-, and 5. $4,075.63 per multiple family residential unit or lot($6,4$1.55 per single family residential unit or lot)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. R. 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. S. 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. T. The Applicant shall comply with all applicable County, State and Federal laws,rules, regulations and requirements. U. An initial extension of time for the performance of conditions within the Ordinance may be granted by the Director upon the following circumstances: I. 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. -5- 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 tip to one additional year). 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. V. 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. -6- 5-20 OPEN A- a - 0 �a -PQ R -20 A-la CV-10 RS-20 RS- 0 ¢0 O 32,457.47'S ci 23,782.01'E Dov "KULANI" �� RS- 0 0 CV-10 Alo RS-20 RS- CV-10 p RS-20 40 t� V-10 A-20a GP�0 2G 0 SINGLE-FAMILY RESIDENTIAL(RS-20)TO VILLAGE COMMERCIAL(CV-10) 0.838 ACRE �U'tr JQ A-20a -10A- RS 0 Feet 0 250 500 750 1,000 1,250 AMENDMENT TCS THE ZONING CODE. AMENDING SECTION 25-8-23 (VOLCANO-MTVIEW ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-20) TO VILLAGE COMMERCIAL (CV-10) AT OLAA SUMMER LOTS, PUNA, HAWAII MAP PREPARED BY: TMK:(3)1-9-004:051 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:July23,2021 EXHIBIT"A" Raja Daggula Map: 1425 Dar. yn Arai Land Use Planning Consultant October 11, 2021 Mr. Zendo Kern Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo,HI 96720 Dear Director Kern: Application: Change of Zone Application (REZ 21-000249) Applicant: Raja Daggula and Shalini Kapoor Subject: Response to Comments from the Volcano Community Association TMK: TMK: 1-9-004: 051 Volcano, Puna,Hawaii On behalf of the Applicants, Raja Daggula and Shalini Kapoor,we would like to provide you with a perspective on their change of zone request in response to an October 8, 2021 email from Sher Glass, President of the Volcano Community Association(VCA),to which you were copied and which we have also included with this letter. We have made concerted and sincere efforts to address the concerns raised by some residents of the area and their collective voice through the Volcano Community Association (VCA). As noted in its email to me,the VCA remains opposed to the Applicants' CV rezoning request as it believes it would circumvent the"current limit on Short Term Vacation Rentals." As noted in my earlier letter of September 14, 2021, we have responded, in detail, not only to their concern over the use of the rezoning process to "circumvent"the Short Tenn Vacation Rental (STVR) process but to other matters as well. At the sake of redundancy but for emphasis,we wish to restate these points: 1. The requested CV zoning is consistent with the County General Plan, Puna Community Development Plan, and the Volcano Long Range Plan. The subject property is designated Medium Density Urban on the General Plan Land Use Pattern Allocation Guide (LUPAG)map. Because such a designation allows commercial zoning,the requested CV zoning is consistent with the General Plan LUPAG map. P.O.BOX 4501,HILO HAWAII 96720 PHONE:(808)895-3218 EMAIL:DARYN.ARAI@OUTLOOK.COM Mr.Zendo Kern,Director County of Hawaii Planning Department Page 2 of 3 October 11, 2021 Further,the Puna Community Development Plan(PCDP) designates the subject property to be within the Volcano Community Village Center, an area along Old Volcano Highway between Haunani Road and Wright Road. Because the property is situated within the Volcano Village historic core and Biosphere Reserve Buffer Zone and subject to the establishment of Special Design Districts with detailed planning, design standards and review procedures that seeks to protect the history and cultural traditions of the Puna District,which includes the native forests that are an important part of the native culture and especially the 'Ohia forest canopy. Although such a Special Design District has yet to be established for Volcano Village, the project will be designed to minimize the removal of the 'Ohia forest canopy. It should be noted that the same regulatory consistency determination was made for the property immediately adjacent and to the southwest of the project site that was recently rezoned into the same CV-zoning district in 2019 to accommodate the expansion of the Kilauea Lodge complex. Had that determination not be made,the rezoning would not have been possible. The Volcano Long Range Plan-August 2015, which is tiered to the PCDP and therefore mutually consistent, seeks to manage growth while protecting the native forest and wildlife, maintain the forest cover and bird habitat; and discourage insensitive forest clearing, non-adaptive building and landscape design, and the further subdivision of lots; while preserving and perpetuating the unique architectural and historic features of the commercial area. The Applicants were striving to work with the VCA to find this balance between use, design and management of the property as part of the rezoning request,but that door has now been shut for no other reason that the proposal includes STVRs. 2. On the'matter of STVR, the County's STVR ordinance was designed to manage STVRs. It did so by making it clear where STVRs can or cannot occur. The permitted areas were limited only to commercial zones,resort zones, residential zones within resort areas and condominiums. Existing STVRs located in other than those permitted zones would be considered"non-conforming" and be subject to certain initial registration and renewal requirements. It should be noted most of the STVRs in Volcano Village fall in the non- conforming category. Because STVR uses are allowed in the CV zone,the Applicants submitted their CV rezoning request. The Applicants are thus going through the proper process to establish the STVRs, and in so doing,they are not circumventing the process. Mr. Zendo Kern,Director County of Hawaii Planning Department Page 3 of 3 October 11, 2021 3. As you are aware, current land use regulations allow through the Ohana Dwellings provision, two (2) dwellings on the property. These Ohana dwellings, in turn, could be rented for a minimum of 3 1 days as a vacation rental. Alternatively,with a host living in at least one of the Ohana dwelling units,the unit could be rented for a less period, as it would be considered a"hosted" STVR. Along the way, a grading permit could be secured to clear a portion or the entire property. Instead of two (2) dwellings with a host(which would be allowed as noted above),the Applicants are proposing three (3) dwellings. The Applicants, however, understand and appreciate some of the problems associated with STVRs. Thus,whether the site is used as a three (3) dwelling STVR project(if the rezoning is approved) or a two (2) dwelling one (if the rezoning is denied),the Applicants intend to have a host/manager live on the property to manage all three(3) or two (2) dwellings, as the case may be. That way,the project would be comparable to a standard Bed and Breakfast operation where a manager or owner resides on the same premise to control unruly guests and can readily address complaints from neighbors. The Applicants eventually wish to live in the Volcano area and be the operators/managers of their planned STVRs and possibly consider using portions of it for commercial uses. As such, they will do their part in being good neighbors and continue to interface with the VCA and their neighbors. Based on the above, we respectfully request your favorable consideration of the Applicants' CV rezoning request. Should there be any questions or the need for additional information or discussion,please do not hesitate to contact me. Sincerely, Daryn Arai attach: VCA October 8, 2021 email copy w/attach via email: Ms. Sher Glass, Volcano Community Association Mr. Raja Daggula Mr. Sidney Fuke Daryn.Arai@outlook.com From: Sher Glass<vcainfo@yahoo.com> Sent: Friday,October 8,2021 10:48 AM To: Daryn Arai Cc: 'Raja Daggula';Sidney Fuke;Kern,Zendo Subject: Re:Daggula/Kapoor Commercial Rezoning along Old Volcano Road Attachments: VCA Letter and Hearing Postponement 2021.10.05.pdf Dear Mr. Arai, SUBJECT: Raja Daggula and Shalini Kapoor Rezoning Application Thank you for your letter dated October 5, 2021, and for the opportunity to meet you in person on September 23. At that meeting, community attendees shared many different reasons for their opposition to the rezoning application. This letter serves to simplify and restate the Volcano Community Association's position: The Volcano Village community is opposed to the rezoning o residential vacant land parcels to CV zoning for the purpose of circumventing the current limit on Short Term Vacation Rentals. Per your Oct. 5 letter, rezoning of residential land to commercial use in order to circumvent the county's STVR law is indeed still being proposed. Since our position has not changed, and we are mindful of the value of your time, it is probably not worthwhile to meet again. Sincerely, I Sher Glass Aubrey Hawk and the members of the VCA Board of Directors Volcano Community Association building communi_0 since 1980 w\kAv,volcanocommunity."r On Tuesday, October 5, 2021, 09:09:09 AM HST, Daryn Arai <daryn.arai@outlook.com>wrote: Ms. Glass, Please find attached for your consideration a letter prepared on behalf of the Applicants, Raja and Shalini. Please call or email me to coordinate our next meeting with you and your members. Have a great week! Daryn Daryn Arai Mobile: (808) 895-3218 Daryn Arai Land Use Planning Consultant October 5, 2021 Ms. Sher Glass,President Volcano Community Association P.O. Box 600 Volcano,HI 96785 Dear.Ms. Glass: SUBJECT: Raja Daggula and Shalini Kapoor Rezoning Application Thank you very much for coordinating the live and zoom meeting of September 23 between some of your members and us. The dialogue was healthy and constructive, as we got to better understand the thoughts of those who were there as well as to share with them what the landowner, based on the existing land use regulations, is currently entitled to. We were equally happy that Mr. Daggula was able to participate via zoom, as he was able to personally hear the concerns of your members and, at the same time, for your members to meet him and hear more about his plans. Mr. Daggula is sincere in wanting to reasonably address the concerns instead of abandoning it and proceeding with a project that he is currently entitled to. As such, Mr. Daggula will make some revisions to his plans to incorporate a small commercial/residential use concept for the site that will hopefully achieve the commercial vision along the Volcano Road sought by a number of your members. Further, he has given more thought on the desire to retain as much of the 'Ohi'a trees on the property as possible and is working to incorporate thoughtful design elements that will hopefully see a further reduction in the overall footprint of improvements associated with this proposed project. The meeting before the Windward Planning Commission-was tentatively scheduled for November 4, 2021. However,we have requested that it be postponed to December 2, 2021 to enable us to meet again with the VCA to discuss the revised concept. Could you please let us know when we could have an opportunity to share his revised plans with the VCA? It would be preferable if we could have this follow-up meeting with you and your members no later than Veterans' Day (November 11) in order to allow us enough time to share the outcome of our upcoming meeting with the Planning Director. P.O.BOX 4501,HILO HAWAII 96720 PHONE:(808)895-3218 EMAIL:DARYN.ARAI@OUTLOOK.COM Ms. Sher Glass, President Volcano Community Association Page 2 of 2 October 5, 2021 Please feel free to coordinate a meeting date and time with me via email at Thank you very much! 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