HomeMy WebLinkAboutPD BACKGROUND REPORT (REZ-21-249_PL-REZ-2021-007) BDaMu1aREZ.EC.10.11.2021
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
RAJA DAGGULA
CHANGE OF ZONE APPLICATION (REZ 21-000249 /PL-REZ-2021-000007)
RAJA DAGGULA has submitted an application for a Change of Zone from a Single-Family-
20,000 square feet(RS-20)to a Village Commercial-10,000 square feet(CV-10) zoning district
for approximately 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 Wright Road, `Ola`a
Summer Lots, Volcano,Puna, Hawaii, TNM: (3) 1-9-004:051.
PROPOSED ACTION
1. Applicant's Request: Change the zoning district from Single-Family Residential-20,000
square feet(RS-20)to Village Commercial-10,000 square feet(CV-10)zoning district for
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 3 6,3 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.
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 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
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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 (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 has 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 proposed to
construct a 6-stall on-site paved parking area with one (1)paved stall designated for
accessible van parking. The applicant states that there will be a minimum of two (2)
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 two (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& COMMUNITY PLANS
6. State Land Use District: Urban.
7. General Plan LUPAG Map Designation: The majority of the parcel is designated as
Medium Density Urban, which allows village and neighborhood commercial and single
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family and multiple family residential and related functions (multiple family residential -
up to 35 units per acre). The northeast corner of the subject parcel consists of
approximately 6% or 2,334 square feet of the total area of 36,373 square feet and is
designated as Low Density Urban, which allows residential use, with ancillary
community and public uses, and neighborhood and convenience-type commercial uses;
overall residential density may be up to six units per acre.
8. 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 August 27, 2008. The subject property is situated
within the Volcano Community Village Center located along Old Volcano Highway
between Haunani Road and Wright Road as designated by the PCDP. 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.
11. Special Management Area (SMA): The subject property is not situated within the SMA
and is located approximately twelve miles away from the nearest shoreline.
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DESCRIPTION OF PROPERTY AND SURROUNDING 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
.7% 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,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.
13. Surrounding Land Uses/Zoning: There are 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. 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) 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.
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 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 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
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and Natural Resources Division of Forestry and Wildlife (DOFAW)the Hawaiian Hawk
or Jo (Buteo solitarius)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 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-rumped storm-petrel, Hawaiian petrel,
Newell's shearwater, Hawaiian Hawk, Blackburn's sphinx moth, `akd, and the ha`iwale.
The USFWS 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 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. 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 being 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
parcel. SHPD may request that an archaeological field inspection be conducted of the
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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. SHPD also 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.
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) (1) of the concurrency provision requires a Traffic Impact
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
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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. 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 Hawai`i 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 DPW'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 Village.
20. Water: According to the Department of Water Supply (DWS), the subject property is not
within the service limits of DWS' existing water system facilities. Hawaii County Code
Chapter 25-2-46 (n) Concurrency requirements provides allowance for the County
Council to waive the water supply requirements for zoning amendments for the
following: Commercial or light industrial uses in areas that do not have a public water
system and where the Department of Water Supply has no plans to build a public water
system; and which are (1) designated as an "urban and rural center" on table 14-5 of the
General Plan and(2) designated for urban use on the land use pattern allocation guide
map of the General Plan; provided that conditions of zoning shall require water supply
consistent with public health and safety needs such as sanitation and firefighting.
According to the applicant,the proposed project will include a stand-alone,rainwater
catchment tank for Fire Department use, and a separate water holding tank for potable
water.
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21. Wastewater: There is no County sewer in the area so the applicant will be required to
install an individual wastewater system meeting with the requirements of the State
Department of Health.
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 COMMENTS PROVIDED
24. 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 19, 2021 memo.
29. State Department of Land and Natural Resources-Division of Forestry and Wildlife:
(Planning Department Exhibit 11-July 23, 2021 memo.
30. 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 Wildlife Service: (Planning Department Exhibit 14-August 6, 2021
letter.)
33. Volcano Community Association: (Planning Department Exhibit 15-August 17, 2021
letter.
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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 11, 2021 letter)
38. 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 Mermel Testimony: (Planning Department Exhibit 21-August 19, 2021
letter)
41. Daniel Taylor Testimony: (Planning Department Exhibit 22-August 24, 2021 letter)
42. Martha Hoverson 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 letter 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)
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ZONING § 25-5-115
Section 25-5-115. Minimum building site average width.
Each building site in the CG district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-116. Minimum yards.
The minimum yards in the CG district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX district, there shall be a side yard which conforms to
the side yard requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-117. Landscaping of yards.
(a) All front yards in the CG district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CG district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 12.)
Section 25-5-118. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CG district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CG district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 13; am 2015,
ord 15-33, 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 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Planning Dept.
25-107 Exhibit—1
25-5-121 HAWAII COUNTY CODE
Section 25-5-121. Designation of CV districts.
Each CV (village commercial) district shall be designated by the symbol"CV'
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Convenience stores.
(15) Crematoriums, funeral homes, funeral services, and mortuaries.
(16) Crop production.
(17) Day care centers.
(18) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(19) Dwellings, multiple-family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(20) Dwellings, single-family.
(21) Family child care homes.
(22) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(23) Financial institutions.
25-108
ZONING § 25-5-122
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
(26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories, medical and research.
(29) Lodges.
(30) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail
establishments located in the immediate community, as approved by the
director.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops, which are designed to primarily serve the local area.
(40) Repair establishments, major, when there are not more than five employees,
as approved by the director.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Short-term vacation rentals.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Theaters.
(49) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CV district, provided that a use permit is issued for each
use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
25-109 SUPP. 10 (7-2021)
§ 25-5-122 HAWAII COUNTY CODE
(c) Residential uses in connection with the operation of any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord
14-86, sec 12; am 2018, ord 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, sec 2; ratified April 6, 1999.)
Section 25-5-124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX district, there shall be a side yard which conforms to
the side yard requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CV district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, sec 2; ratified April 6, 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) Plan approval shall be required for all new structures and additions to existing
structures in the CV district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 15; am 2015,
ord 15-33, sec 4.)
Division 13. MCX, Industrial-Commercial Mixed Districts.
Section 25-5-130. Purpose and applicability.
The purpose of the MCX (industrial-commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for areas of diversified businesses and employment opportunities by permitting
a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-131. Designation of MCX districts.
Each MCX (industrial-commercial mixed use) district shall be designated by the
symbol"MCX" followed by a number which indicates the minimum land area, in
number of thousands of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile sales and rentals.
(6) Automobile service stations.
( ) Bars, nightclubs and cabarets.
(8) Broadcasting stations.
(9) Business services.
(10) Car washing.
(11) Catering establishments.
(12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(13) Churches, temples and synagogues.
25-111
ZONING § 25-4-68
Section 25-4-68. Grounds for approval or denial.
The director shall approve an application for recognition of a de minimis structure
position discrepancy unless:
(a) The discrepancy is greater than the difference as allowed by the de minimis
structure position discrepancy definition, or
(b) The director finds that the improvement was placed with knowledge that it would
violate the minimum yard or open space requirements; or
(c) The improvement could be moved, or the discrepancy otherwise corrected, without
significant expense, 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 application for recognition of de minimis structure
position discrepancy, the director shall notify the applicant in writing that the
discrepancy is not a 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 de minimis structure position discrepancy shall be disclosed by the owner to
subsequent purchasers of the property in question.
(2002, ord 02-70, sec 3.)
Section 25-4-71. Appeals.
The director's decision with respect to a de minimis structure position discrepancy
is appealable to the board of appeals.
(2002, ord 02-70, sec 3.)
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 provides for lower or low and medium
density residential use, for urban and suburban family life. It applies to areas having
facilities, 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 designated on the zoning map
by the symbol"RS" followed by a number which specifies the required minimum
building site area in thousands of square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Planning Dept.
25-73 Exhibit-2—
§ 25-5-3 HAWAII COUNTY CODE
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model 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 resort node
areas.
(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 uses permitted under subsection (a) above, the following uses
may be permitted 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.
(2) Care homes.
(3) Churches, temples and synagogues.
(4) Crematoriums, funeral homes, funeral services, and mortuaries.
(5) Day care centers.
(6) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) Medical clinics.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RS district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord
14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3; am 2021, ord 21-26,
sec 5.)
Section 25-5-4. Height limit.
The height limit in the RS district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 10 (7-2021) 25-74
ZONING § 25-5-5
Section 25-5-5. Minimum building site area.
The minimum building site area in the RS district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-6. Minimum building site average width.
Each building site in the RS district shall have a minimum average width of sixty
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 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-7. Minimum yards.
The minimum yards in the RS district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square
feet to and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight 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, ten 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
(B) 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 there 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 be 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 building site shall be the same as in
the RS district having the largest requirements for which the building site can
comply.
(e) Exceptions to the regulations for the RS district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development, or by the director within a cluster plan
development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.)
25-75
idneyFuke, Planning Oonsuliant
149 FIwani ft". Suhp 212*Hk,Hmwzi9 96724 •FUnnkrp.vads%.+2anr+a
rehWhme,{DN)999-1529 Cell,;6CLS)2$960&0 -3„CdUi3+on.+,FW U Ponnl7
E-hwil:&drukeVMwsiWW.fl& -Enuiron +n
June 7, 2021
CDH PLANKM DEPT
Mr. ZW& Idem, Director "7 2021 PK2.21B
Manning Dopa tmml REM HMD DELIVERED
COUNTY OF HAWAII
101 Pa=hi S,, crt
Mle, lE 96720
fur .Mr, Ker, _
Su blest; Rrzoni ug Application — Rmil D999u.1a
Vf4cany Puna Haw al'i, TN 3 1-9-1.104: US L
Fransmined herewith fur your cvview and proccssing i�#fin application to rezone a 36,373
sqr, I'Wt par"l from RS-20 to Cil-10 fist the purpose of cstablimhing three (3) vacation rental
units- T1w cumplcx mmid consist of thrcc (3) single- and y dwel lings with Cawh having ng 1-3
bedrooms cmh and the requisite parking ar-ca.
The site is looked on the nmrih side of the Olde Volcano Ruud, the nmin thoroughfarc
%v thin Lite Volcano V1l]a c. Mune ci f i4al ty, h is situatcd acljxl rtit a � Kilauea Lodge and
Nods that were recently rcznFmd irrto dte ('V-10 district,
-1-N transmittal includes the a)ori ginal and twenty M) wit of the application form,
departmental qucsticrnmoirc, aid envimlimenul rc wr#. wil ich incl udes the local ion wd proposed
silo plaii, h) processing fec of$500;c0 411ist-of surrounding property owners within 300 fmi or-
the subjcct pnuxl; e) real profeM tax cleararrec corm; and d) the rnete5 and kxxkaos description-
We trust that cvcry�hi-ng is in order for your ac"ptarrce and processing of this
appi ic4tion- Knotor1fdicm aiv questions relating to this el alter, p.l a feet frce RI+Jir t them
to me or Mr. Daryn !Arai, who is alta with the processing of this application. TTmk
you vcry march,
%incerely
SIDNEY M. FIJKI:
Planning Consultant
E,n,closums
—Mr. Raja }bulla W1 enclosures
Mr- Daryn Arai w10 cnclosures
Planning Dept. N 0S
Exhibit-3—
o�
p
� V o8
Rk ¢ 1.^E_'-.. '.-' DATE 2oz r No.
RECEIVED FROM S IDAell-f V-0t ��UL '?-A-SA 'DACEWii-A $5
DOLLARS
0FOR RENT RF-7— Cj goy. U5i
XFOR
ACCOUNT ❑CASH
CHECK
PAYMENT 5Q)OD MONEY TO
CAORRP bER i BY
8AL DUE 10 CREDIT
CA
,V ..� :t:= DATE ...2021 .................N0. 747995
RECEIVED FROM SlDNe'--( wig/SOL?.q"=A PAU4vLA $500 Cb
1650 146 t6L4_SU .z mf-lq'71DOLLARS
OFOR RENT 967—APP 1-01-004:051
XFOR
O CASH
ACCOUNT I
CHECK 14102-1
PAYMENT5Q)bD MONEY FROM_.................... TO........................................................................................................................
1
ORDER
BAL.DUE OCREDIT
CARbBY .,...., r.. �.. �, �......�......
1021
807/3211
AY TO THE1Y�era FILL Gl v,CG 5 O 0 0
ORDER OF._._... ......._-PA . . �.. ...__
Av DOLLARS U
l
MITCHELL D ROTH Mvv os DEANNA S.SAKO
MAYOR o°: FINANCE DIRECTOR
.: . STEVEN A HUNT
A.
DEPUTY DIRECTOR
of'M►
COUNTY OF HAWAII
Department of Finance - Real Property Tax
Aupum Center,101 Pauahi Street,Suite 4 1 Hilo Hawai'i 96720-4224 1 Fax(808)961-4224
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 Kadua Kona„Hawaii 96740
Fax(808)327-3538 1 Appraisers(808)323-48811 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 Hawai'i 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
REAL PROPERTY TAX DIVISION
Paid up to and including June 30, 2021.
TAX CLEARANCE FOR PLANNING DEPARTMENT REV(2I2018)
Hawaii County is an Equal Opportunity Provider and Employer
T8325HIHA n1
H
SO fet �
Lot 13
_
Gw. i
.. Lot C —-- Lot K
Robert H. Almon,at at- Owners
Lot a 329'31' — 265.54
O
32.457.47 S
23,782.01 E
M LOT 12-B 'KULANI' i av
07 AeRE ORIGINAL
Lot A 0.838 1 '
Terrance L/Tmyc L Andrade.Trot • CORREC110N 1
owe 9
GR1 'N' '65 E ran, ' ,... K E A iL0k R. 9RA ° g >r
D
278.73 CORRECTION p
149'31' — y
I =
Portion Lot 11 >
RTA Kilauea I odge. LLC
Portion Lot 11 Owner
Y
PLAN SHOWING
SUPPLEMENTAL MAP FOR SUBDIVISION #2677
REVISION OF LOT 12-8
AS SHOWN ON COUNTY APPROVED
SUBDIVISION MAP $2677 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 SUI./AIER LOTS, PUNA. ISLAND OC HAWAII, HAWAII
Uml@D
Plan by island Survey, Inc. * LAIa OM&L *
P.O. Box 4215. Hilo, Hawaii 96720 �a
April 14, 2021
'�fll
This week was prepared by me
or under my mperAslm.
HOLE Lot 12—A was corrected in subdvlslon action /7299
dated 06/01/1998 prepared by Rodney M. Kawamura of —
Hilo Engineering. Inc ROBERT T.SHIRAI,PLS
State of Howail Cart.No. LS-5985
License Expires April 30. 2022
Tax Map Key.(3)1-9-004:051 a-,os. Size. 11' x 15' = 1.15 Sq. Ft.
SUB 377 SUPPLEMENTAL
'UBOIVISION NUMBER
4PPROVED FOR RECORDATION vun e.aures d
:�v.Kes,aea ar w.p:
MAY 11 2021
0:04d iZOZ K
DESCRIPTION
LOT 12-B
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 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
° ULANI"being 32,457.47 feet South and 23,782.01 feet East and running by azimuths
measured clockwise from True South:
1. 53 54 134.80 feet alongthe west side of Volcano Road;
,
2. 149" 31` 278.73 feet along Lot 11;
3. 2390 31' 134.15 feet along Lot 12-A;
4. 3290 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 SUB 2677 SUPPLEMENTAL recertified on May 11, 2021.
i
RZ T.S
June 0 ,2021 ® y®�P' ISLAND SURVEY„INC.
-filo,Hawaii LICENSED
PROFESSIONAL
* LAND
SURVEVOR
No.6966
'�i p•° ROB ..._.._
TM :1-9-004:051 portion HI
q Ali U•
Licensed Professional
Land Surveyor 5985
License expires 04/30122
,. ...... _.. . �,..... ........ .,..................
.
ISLAND SURVEY, INC.
SURVEYORS P® ®®X 4215
HILO,HAWAII 720-0295
5/27/2021 qPublic.net-Hawaii County,Hl-Results
1 (7,Q,N`J HAAJAI'�
9 Rear pmpe0y
Parcel Results 22 Results
ParodID 0 Ow r 0 Property Address Map
RSTATEOFRAWAII malz
® RW H SHIPMAN LTD
PYAMAMOT05TEVE S 11-3927 OLD VOLCANO ROAD MA
OKURAJ.OYCETOKIKO
P RODRIGuEsmAwnN J 11-3931 OLD VOLCANO ROAD Mari
JP GIACOMETTLGUIDO LfflUS.SUSAN J TR 11-3999 WRIGHT ROAD Map
dPNAKAMURA.BERINYUKIOTRST WRIGHTROAD
.J....'.X.*40 DQQQ PNAKAMURA.BERINYUKIOTRST 19-3926 OLD VOLCANO ROAD
...............Q
,.?.........
IPANDRADFTERRENCE J/TANYA LTRST 19-3932 A OLD VOLCANO ROAD Map.
lz)&�Dqm% P RTA KILAUEA LODGE LLC VOLCANO ROAD malp
ALUANCETAXADVISORS
PvALENTF-E-rHELE WRIGHT ROAD Lbi.a
COOKAILEENETTEE
LEW,PATRICIA M
VALENTF-CLARENCEW
EWAUKO,HERBERT P JR
LANALCHARLOTTE LEIMOMI
EWAUKO.I)AVII)K
EWALIKO.BLASE U
EWALIKO,AARONI
LEWKAUI
EWAUKaWILLIAM Lill
LANALCHARLOTTE KALEIMOMI
EWALIKO.IRVINK
WHITF,VERAPF
LOLOTAJ,HARMONY K R
VIVEIROS.ETHELVM
VALENTF,WIULIAM E
KAUWALE,MARGARET K V
COOKJAMES A SR TRS
KAMAUDHA.MARYA
GRUBE.LIUNOET
GRUBE.EI)WAROMJRTRST
GRUBE.MIKAELEJ K
KUKILAKILAINC
8 SHAWKUUALOHA EWALIKOTRST
B:SHAW,ACKSRTRST
KUKILAKILAJNC
PsAKAmcyrocLIFFORDS 19-4021 WRIGHT ROAD
PROSERSONJOHNILEWIS WRIGHT ROAD Mill
19-4017 WRIGHT ROAD
PATIZSANDRA A TRUST
PBOYER.KENNETH BRYAN WRIGHT ROAD
SANTOS.DEBORAH LYNN
PBARROILENE DANIELLE 19-4011 WRIGHT ROAD Map.
RGRUPIOQPAULAK VOLCANOROAD N—M
KERSTEFLHELENE 8
PANDRADETERRENCE jrrANYA LTRST VOLCANO ROAD -map
DAGGULA,RAJA
P RTA KILAUEA LODGE LLC 19-3948 OLD VOLCANO ROAD Map
ALLIANCETAX ADVISORS
PBDYERKENNETH BRYAN 19-4013 WRIGHT ROAD Mill.
SANITOS.DEBORAH LYNN
PANDRADE.TERRFNCE jrrANYA LTRST M.P.P.
122P_405WMQ P REED.THERESA ANN TRST 19-3925 OLD VOLCANO ROAD
q9 t�yd P MASOKLROBERT HR.
MASON,PIILANIC
Malfflng Labels 22 Results
Use Address Proal:
*Owner 0 Property
Select Port fib fvnvssE 12 Shen AllOrmers
Address IaWs(5160) 0 Show Parcel IDon Label
Labels will only be generated for mners that haw addresses in the systern. pia l
s
international mailing labels that FxceLd 5 lines are not supported on the Address label s(5160).For 0
international addresses,please use the Asx,asv or tab download formers.
For hent ares Rs,ii uxflwldc"Fil.c,Pap,e�'h Yom v pr 6n t SeRl rqp
Schneider
REV 2
q3I)PGEOSPATIAL
R Pd,nvj�
bii� )a�a Up�cad:5�27)2021,1:2139AM
https://qpublic.schneidereorp.com/ApplicaHon.aspx?ApplD=l 048&LayerlD=23618&PageTypelD=3&PagelD=9877 111
JUN 7 202 1 PH 2:29
RECT HAND DIl-11,)E "EV"
CHANGE OF ZONE APPLICATION
Applicant: RAJA DAGGULA
Request: RS-20 to CV-10
Tax Map Key: ( ) 1-9-004:051
Volcano, Puna District
Hawai'i Island
Prepared Arai® Land Use Planning Consultant
June 2021
DocuSign Envelope ID:A2gC260A-3DDO-4F39-B7CB-EF5239008DEC
CHANGE OF ZONE APPLICATION
CGH kfiWIu:N] DEPI"
COUNTY OF HAWAII AIN 7 2021 i-,m °
PLANNING DEPARTMENT
(Type or legibly print the requested information) RECT i-il-4,11. DEI.JVi=RED
APPLICANT: DJAjgQaggula
APPLICANT'S SIGNATURE DATE: May 19, 2021
ADDRESS:
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus,) (Res.) (Fax)
LANDOWNER(S): — usa �J a a la
LANDOWNER SIGNATURE(S) n DATE: May 19, 2021
LANDOWNER(S)ADDRESS:.
REQUEST: RS-20 TO CV-10
(E-%dsting wning) (Proposed Zoning)
TAX MAP KEY: (3) l -9-004 : 051
STREET ADDRESS OF PROPERTY:
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 0.835 acre 0 36,373 square feet
AGENT: Sidney Fuke
ADDRESS: 100 Pauahi Street, Suite 212
Hilo, Hawaii 96720
email: sidfuke( 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:121052A1-20D6-4COB-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�
ovoua9nEnvelope ID: 121052Alo^l4ornaoax
f, |fyou intend tndneither a'b'nrcplease elaborate
nnthe kind ofplans the other party has. Please,also,
include inyour answer approximately how soon afer
approval ofyour rezoning doyou expect tntransfer the
subject land tnanother party.
3. What specific building plans doyou have for the subject land?
Include inyour answer the following: type ofbuilding
(epartment,office, launderette,etc.);financing arrangement;
timetable for construction;and any other information which you
feel might help usinevaluating your request.
cmoatzoctimo of 3 separate single family dwelling structures, ranging
in size from approximately 900 square feet (l 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 aneed for
Your proposed building and/or development? �Nl____
|fso,please elaborate onyour findings inthe space provided
Below.
2
DocuSign Envelope ID:121052A1-2OD6-4COB-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.
& 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
7. Is the subject land currently being used for any
agricultural activity? No
If so,please list the kinds of products grown on and
How many square feet or acres of land per product?
-3-
DocuSign Envelope ID:121052A1-20D6-4COB-8837-16A149F6393A
g. 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
none
a4®
DocuSlgn Envelope ID:121052A1-20D6-4COB-8837-16A149F6393A
For those checked"yes", please elaborate what type or kinds of
improvements and/or assistance is needed.
1L 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 archaeological, botanic�.-.,tl, Eauna.1. or other physical
surveys were conducted on the property. An assessment of these
resourc.,,es, to the extent known by the app.Licant, are d.J.scussed w.i.Lhin
the accompanying env..Lronmental report.
DocuSigned by:
Signature:
Ca
� E132D94
Address: 1650 NE Cornell Road; Hillsboro,OR 97124
Telephone:
Date: May 19,2021
6338A/50A
P.D.5/84
.5 -
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, `Ola`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(0.835 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 (SNR) 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).
HAWAII CCUNB
w, SUBJECT PROPERTY
41
s,
w
f
a lkage
ftft
rax%
(P
J ^ a+
i
p
r
Figure 1-Location Map
i ( i g0
U Al
SUR IECT PROPERTY "'i 7_39ML
Figure Z-TaxMap
—'
Statement of Obiectives and reasons for the request
The purpose for the requested change of zone is to accommodate the Applicant's desire
toestablish aD-unb5JVRcomplex onthe 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 atotal of6bedrooms onthe entire property,asshown below on
Figure 3-Site Plan.
4. Proposed Prooect Details
a. Three(3)single-family dvveUin8-sty|e^ one-story structures
tobeused asaSlVRand consisting of:
i. one (1) unit approximately 3,060square'foot, 3-bedroom dwelling structure;
ii. one(1) unit approximately 1,500square-foot, 2-bedroom dwelling structure;and
iii. one(1) unitappnoximnate|y9OOsquare-footI-bedroomndvve||inQstructune.
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Figure 3—Site Plan
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b. Ancillary improvements:
L 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)SNR 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:
i. Grading of the subject property will be selective, and only to the extent
necessary to accommodate the proposed three STVR units, parking lot and
driveway,water tanks and septic systems.
ii. Intent is to preserve as much of the existing natural landform and 'Ohi'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 SNR operation, if required,and to secure its registration as a SNR 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.
41 Page
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 ( lPage
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SUBJECT PROPERTY
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EXTENSIVE AGRCULTU RE
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Figure 4—General Plan LUPAG Map
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Figure S—Zoning
12. Puna Community Development Plan (PCDP): The PCDP was adopted by Ordinance
No. 08-116, which became effective on August 27, 2008. The subject property is
situated within the Volcano Community Village Center located along Old Volcano
Highway between Haunani Road and Wright Road as designated by the PCDP (see
Figure 6-PCDP Community Village Center). The subject 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. Such a Special Design District has yet to
be established for Volcano Village.
SUBJECT PROPERTY
Volcano Cammunity VC
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Commercial 7nne
Residential Zone
Figure 6—PCDP Community Village Center
7Pa
13.Volcano Lona Ranae 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 for 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 RESOURSES/NATURAL 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 Manaeement Area (SMA): 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
8 Pa g e
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.Subiect 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 `Ohi`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 Faure 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.
9Page
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'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. 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,
`I`iwi, 'Oma`o, `Elepaio and Hawaiian Hawk(I`o). 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
10 ( Page
avoid and minimize project impacts to the listed species,to which the Applicant will
implement.
23.Archaeological Resources: An archeological survey of the property was not conducted.
According to the Applicant, no archaeological 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. 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.
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(d)(1) of the concurrency provision requires a
Traffic Impact 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 project,a TIAR 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)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 ( F) aS
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 Hawai'i 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.
12Fage
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(0), 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.
13 [ �P a g
STATEMENT IN SUPPORT OF CHANGE OF ZONE REQUEST
HAWAII 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
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
these evaluations and decisions must also be considered as they may have an impact on
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
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,
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
circulation systems. The overall Land Use goals, policies and standards are set forth to
physically plan the lands in the County in the best interest of the island's residents.
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
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
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
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
141Pagc
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 STVR 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
151Pa8
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
161Page
• 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 1/2-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 Hawai'i 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 II'D a
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.
18Pagc
• 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% mile from the Cooper Center,and proximate to
long-established commercial areas containing a hardware store,gas station, retail stores and a
post office.
191 Page
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`Ohi`a trees and other native trees and plants on site and the use of best
201PaR
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 Hawai'i State Supreme Court's" PASH" and "Ka Pa`akai O
Ka`Aina" decisions,the issue relative to native Hawaiian gathering and fishing rights
must be addressed 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
21 ( Pagc
reasonable effort to retain 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.
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.
221P a g
Daryn Arai CGH PLANING DEEPT
Land Use Planning Consultant JUL 12202 1 PP2:50
RECT ITM DELIVERED
Mr.Zendo Kern
Planning Director
County of Hawaii Planning Department
I0I Pauahi Street, Suite 3
Hilo, HI 96720
June 30, 2021
Dear Director Kern:
Subject: Supplement to Change of Zone Application
Request: RS-20 to CV-10
Applicant: Raja Daggula
TMK: TMK: 1-9-004: 051, Volcano, Puna, Hawaii
As requested by your office in response to the filing;of change of zone application on
June 7, 2021 regarding the property as described above, please find enclosed with this letter the
original and 20 copies of a Supplement to the County Environmental Report dated June 2021 in
Support of Change of Zone Application for Raja Daggula.
We appreciate the gracious opportunity to supplement the information provided within
the original submittals. We hope that we have adequately addressed all of the additional
information that was requested of the Applicant.
We would also like to take this opportunity that inform you that effective immediately, I
will be assuming primary responsibility on all matters regarding the processing of the subject
application,as agreed to by the Applicant and Planning Consultant Sidney Fuke. Therefore,
please direct copies of all related communications to me.
Should you have any questions,please feel free to contact me.
Sinccrclv.
Daryn Arai
Encl: original & 20 copies of Supplement to County Environmental Report
Copy wlencl via email: Mr. Baja Daggula
Mr. Sidney Fuke
P.(.).BOX 4501,1 ill.[)I i_1W l 19672.0
Pll[)NF: 08)895-3218 FAIAil.:l]ARYN.AIZkltt�t(IU'l'If)OK.0:()Nl
Planning Depi. 142767
Exhibit-4—
SUPPLEMENT TO
COUNTY ENVIRONMENTAL REPORT dated June 2021
IN SUPPORT OF CHANGE OF ZONE APPLICATION FOR
RAJA DAGGULA
Affecting Tax Map Key: (3) 1-9-004:051; ❑lWa Summer Lots, `Dla`a, Puna
This document will provide supplemental information regarding the above-described County
Environmental Report dated June 2021 that was filed with the Planning Department on June 7,2021.
The Applicant offers the following additional information with the understanding that the actual
location of proposed improvements may change to accommodate ground and other design
considerations that will be more comprehensively addressed during the Department's plan approval
process.
a. A revised Preliminary Site Plan dated June 29,2021 is attached to this supplement, identifying
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 approximate diameter of 13 feet, sufficient to service the potable water needs for the
three(3) proposed short term vacation rental(SNR) units.
c. A combined fire protection and domestic 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(7,600
potable)with an overall diameter of approximately 22 feet. Should this request be approved,
the Applicant will consult with design engineers to ensure that fire suppression measures are
provided in a manner that will meet the requirements of the Hawaii State Fire Code, as
amended by Chapter 26(Fire)of the Hawaii County Code.
d. Two septic systems are anticipated to be installed to support the wastewater demands of the
proposed STVR units. Please note that should this change of zone request be approved,the
Applicant will retain the services of a licensed engineer to design the septic systems) in a
manner meeting with the requirements of the State Department of Health,that will adequately
service the proposed STVR units while considering opportunities to minimize disruption to the
ahi`a canopy to the extent that is practical.
I. The largest 3-bedroom unit,consisting of approximately 3,060 square feet,will be
connected to one septic system located between the proposed parking lot and the front
property line.
II. The remaining 1-bedroom and 2-bedroom units will be connected to the second septic
system located along the northwestern (Ka`u-side) property boundary.
1Page
III. Each individual septic system will have underground tanks of sufficient size to
accommodate a maximum of 5-bedrooms with underground leach fields having
dimensions of roughly 15 feet by 20 feet(300 square feet).
e. Our understanding of the requirements of the Hawaii State Fire Code, as amended by Chapter
26(Fire)of the Hawaii County Code, is that the driveway access must be at least 20-feet wide,
while also providing for reasonable turnaround within the proposed parking area even though
the length of the driveway will not exceed 150 feet(§25-1-36, HCC)and will ensure proper
vertical clearances along its entire length (§25-1-37, HCC). As shown on the revised Preliminary
Site Plan,the proposed driveway is 24 feet in width and does no exceed 150 in depth,while still
providing for adequate turn-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(FDA R)are designed and constructed in accordance with all applicable
requirements of the Hawaii 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 Environmental Report dated June
2021,the Applicant anticipates that he will be able to secure Final Plan 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 SNR units and associated
supporting infrastructure such as parking,water and wastewater systems can be completed
within 3 years.
SUMMARY
This revised Preliminary Site Plan demonstrates 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 35,373 square foot project site, in compliance with all applicable county and
state regulations associated with the requested Village Commercial-10,000 square feet(CV-10)zoning.
2 1 P a g e
TMK: -9-004:002
TMK:1-9-004:066 0 5' 10' 20' 100'
SCALE:P=20'-0- '?o
329°31' —� 265.54
"t" I Z
I�
O PROPOSED DWELLING 6,400 GAL.DOMES G o
4O xI6O' WATER TANK
0 3060 5F INTERIOR
6 o
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ZONINO 218.03 CORREGTION INS FOR 5 19,000 SAL.COMINED FIRE
GURRB4T ZONING,85-20 PROP05M DWELLINGS UNIT5 =4.3 ORIGINAL BDRMS MAX PROTECTION!DOME5TIG WATER TANK
PROP05M ZONING:GV-10 ESTIMATED PW-LLIN65 UNITS:b (MIN.REQUIRED FOR FIRE=12,000 6ALJ
FRONT YD SETBACK.15 FT
REAR YD 5ETBACK, 15 FT egg PROPOSED IMPROVEMENTS Dale -
51DE YD 5ETBAGK, EQUAL TO 51M YD OF REQUIRED PARKINS:b(2 PER Dl•8LIN6) MAP
ADJOINING R5,RD,RM,RCA OTHERWISE O FT. PROVIDED PARKING: RAJA DAGGULA PRELIMINARY SITE PLANATTACHMENT
TYPICAL 90°(9x18): 5 1
VAN ACGE5518LP: 1650 NE Correll Road, T.MX:(3)1-9-004:051
Hillsbara,OR 97124 OLAA SUMMER LOTS,PUNA,HAWAII
TOTAL: 6 EMAIL:dukuaderr@gmail.mm SIT 1 OF 1
TMK: 1-9-004: 002
0 5' 10' 20' 100' r2
TMK: 1-9-004: 066
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SCALE.1"=20'-0" 20
329°31' 265,54 �
6,400 GAL DOMESTIC
/ v WATER TANK I
/ \ IWS FOR 5 lin o
PROP.
BDRMS MAX. s
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o I
DWELLING
1077 SQ FT l�S— 00 H
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_ SCREENING HEDGE --� I
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36,373LANAI LEACHNWS FOR 520'MIN. 'T O O FlELD BDRMS MAX.PROP, Y BETWEENLDWEWNG I DWELLINGSPI N n
/� 1077 SQ FT l\ DWELLING I Ia
2209 SQ FT i FIRE DEPT.CONN. I�
\� LANAI(354 SQ FT I I
LANs(446 sQ FT) � �w I
- 19,600 GAL COMBINED FIRE PROTECTION
I
L__________ do DOMESTIC WATER TANK I
- (MIN.REQUIRED FOR FIRE=12,000 GAL)
ZONING 149'31' — 275.03 CORRECTION
CURRENT ZONING: RS-20 PROPOSED DWEWNGS UNITS 27773 ORIGINAL
PROPOSED ZONING: CV-10 ESTIMATED DWELLINGS UNITS 6
FRONT YD SETBACK: 15 FT
REAR YD SETBACK: 15 FT PARKING PROPOSED IMPROVEMENTS oar: o0101e ia.2021 MAP
SIDE YD SETBACK: EQUAL TO SIDE YD OF REQUIRED PARKING: 6(2 PER DWELLING)
ADJOINING RS,RD,RM,RC),OTHERNISE 0 FT. PROVIDED PARKING: RAJA DAGGULA PRELIMINARY SITE PLAN ATTACHMENT
Planning Dept. TYPICAL 90'(9x18): 5 1650 NE Correll Ro , T.M.K.:3 1-9A04:051 1
VAN ACCESSIBLE, Hillsboro,OR 97124 I I
Exhibit_5_ TOTAL 6 EMAIL:dokor_@g—il— OI-AA SUMMER LOTS,PUNA.HAWAII SHT 1 OF 1
C. H PLF>! NG DE°s
JLL 23 20,x, Am,10;09
DEPARTMENT OF PUBLIC WORKS RECD HAND DELIVERED
COUNTY OF HAWAII
H I LO, 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 July 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.
3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate
Map (FIRM) by the Federal Emergency Management Agency (FEMA), Zone X is
an area determined to be outside the 500-year floodplain.
4. All driveway connections and construction within the Old Volcano Road Right-of-
Way shall conform to Chapter 22, County Streets, of the Hawaii County Code.
Access to Old Volcano Road, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works, Engineering
Division.
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 improvements, and any required utility relocation, meeting the
requirements of the Americans with Disabilities Act and the approval of the
Planning Dept.
Exhibit-6— County or Hawaii is an Equal Opportunity Prodder and Employer SCANNED
7/23/2021
COR-21-564606
Department of Public Works. The improvements shall be located within any future
road widening setback established by the Planning Department.
6. Install streetlights and traffic control devices as may be required by the Traffic
Division, Department of Public Works. The applicant shall be responsible for the
design, purchase, and installation of such devices.
Questions may be referred to Bryce Harada at 961-8642.
County of Hawaii is an Equal Opportunity Provider and Employer
c�4�ov.wareR'`(s r�
.1 i.
gat Fs
" t DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII
345 KEKUANAO'A STREET, SUITE 20 - HILO, HAWAII 96720
TELEPHONE (808)961-8050 - FAX(808)961-8657
July 29, 2021
G19H PLP--NINE Bl;#
A110 2 2021 PM3:42
TO: Mr. Tendo Kern, Director
Planning Department REC91 HFIIND 1)FL1 VL—_RFD
FROM: Keith K. Okamoto, Manager—Chief Engineer
SUBJECT: Change of Zone Application (REZ 21-000249)
Applicant—Raja Daggula and Shalini Kapoor
Request—RS-20 to CV-10
Tax Map Key 1-9-004:051
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject property is not within the service limits of the Department's
existing water system facilities.
Therefore, the Department's existing water system facilities cannot support the proposed change of
zone at this time. Extensive improvements and additions, which may include, but not be limited to
source, storage, booster pumps, transmission, and distribution facilities, would be required.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at 961-8070, extension 255.
Sincerely yours,
""/VV*
Keith K. Okamoto, F.E.
Manager—Chief Engineer
TS:dfg
copy—Raja Daggula and Shalini Kapoor
Planning Dept.
. . . Water, Our Wost 1tecious source. . . Kp W40 ane . . . Exhibit-
7--The Department of Water Supply is an Equal Opportunity provider and employer.
DAVID Y.IGE of k4 ELIZABETH A.CHAR,M.D.
t� r
GOVERNOR OF HAWAII ❑i RECTOR DF HEALTH
�* ig sa;�,�,
p k�.
l
..� Ai-1G 26 2421 PH3:30
STATE OF HAWAII ECT HAN[) DWLIVERED
DEPARTMENT OF HEALTH
P.Q.Bax 916
HILA, HAWAII 96721.0916
MEMORANDUM
DATE: August 13, 2021
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda AV
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ-21-000249)
Request: Singel-Family Residential RS-20 to Village Commercial CV-10
Applicant: Raja Daggula and Shalini Kapoor
TMK: 1-9-004:051
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on
drinking water quality is based on the definition of a"public water system." Federal and state
regulations define a public water system as a system that serves 25 or more individuals at least
60 days per year or has at least 15 service connections. All public water system owners and
operators are required to comply with Hawaii Administrative Rules,Chapter 11-20 (HAR 1 i-
20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated
by the Department of Health and shall be in compliance with the Hawaii Administrative Rules,
Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water
system.
Concerns on water quality for lead, copper, algae and microbiological and chemical
contaminations in private water systems have identified the need for self monitoring. The
Department of Health does not support the use of these private rain catchment systems for
drinking purposes since the quality may not meet potable water standards.
All new public water systems are required to demonstrate and meet minimum capacity
requirements prior to their establishment,per HAR 11-20-29.5, titled"Capacity Demonstration
and Evaluation." This requirement involves demonstration that the system will have satisfactory
technical, managerial and financial capacity to enable the system to comply with safe drinking
water standards and requirements.
Planning Dept.
Exhibit-8—
1413
Zendo Dern
August 13, 2021
Page 2 of b
Projects that propose development of new sources of potable water serving or proposed to serve
a public water system must comply with the terms of HAR 11-20-29. This section requires that
all new public water system sources be approved by the Director of Health (Director) prior to its
use. Such approval is based primarily upon the submission of a satisfactory engineering report
which addresses the requirements specified in HAR 11-20-29.
The engineering report must identify all potential sources of contamination and evaluate
alternative control measures which could be implemented to reduce or eliminate the potential for
contamination, including treatment of the water source. In addition, water quality analyses for
all regulated contaminants, performed by a laboratory certified by the State Laboratories
Division of the State of Hawaii, must be submitted as part of the report to demonstrate
compliance with all drinking water standards. Additional parameters may be required by the
Director for this submittal or additional tests required upon his or her review of the information
submitted.
All sources of public water system sources must undergo a source water assessment which will
delineate a source water protection area. This process is preliminary to the creation of a source
water protection plan for that source and activities which will take place to protect the source of
drinking water.
Projects proposing to develop new public water systems or proposing substantial modifications
to existing public water systems must receive construction plans approval by the Director prior to
construction of the proposed system or modification in accordance with HAR 11-20-30, titled
"New and Modified Public Water Systems". These projects include treatment, storage and
distribution systems of public water systems. The approval authority for projects owned and
operated by a County Board or Department of Water or Water Supply has been delegated to
them.
All public water systems must be operated by certified distribution system and water treatment
plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public
Water System Operators".
All projects which propose the use of dual water systems or the use of a non-potable water
system in proximity to an existing potable water system to meet irrigation or other needs must be
carefully design and operate these systems to prevent the cross-connection of these systems and
prevent the possibility of backflow of water from the non-potable system to the potable system.
The two (2) systems must be clearly labeled and physically separated by air gaps or reduced
pressure principle backflow prevention devices to avoid contaminating the potable water supply.
In addition backflow devices must be tested periodically to assure their proper operation.
Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs
to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter
11-21, titled Cross-Connection and Backflow Control is also required.
All projects which propose the establishment of a potentially contaminating activity (as
identified in the Hawaii Source Water Assessment Plan) within the source water protection area
of an existing source of water for a public water supply should address this potential and
activities that will be implemented to prevent or reduce the potential for contamination of the
drinking water source.
Zendo Kern
August 13, 2021
Page 3 of 6
For further information concerning the application of capacity, new source approval, operator
certification, source water assessment, backflow/cross-connection prevention or other public
water system programs, please contact the SDWB at 586-4258.
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on July 23, 2421. The CWB has reviewed the limited information contained
in the subject document and offers the following comments:
Permit Issuance
* Any project and its potential impacts to State waters must meet the State's:
1} Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
* A Section 401 Water quality Certification (WQC) is required if your
project/activity:
- Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
- May result in a discharge into State waters. The term"discharge" is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage,construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes,concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-8354303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: ht(ps://eha-cloud.doh.hawaii.gov/eperiTit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 441 WQC. HAR, Chapter 11-54 is available on
the CWB website at: http://health.hawaii.gov/cwb/.
Zendo Kern
August 13, 2021
Page 4 of 6
National Pollutant Discharge Elimination System(NPDES) permit coverage is
required for.
--Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, uprooting of vegetation,
equipment staging, and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through
(ix) and (xi).
-Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
-Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to,cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides, fungicides,rodenticides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permit must be submitted at least 1$4
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
https://eha-ctoud.doh.hawaii.gov/e eip mit/.
A Notice of Intent(NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e-Permitting Portal website located at:
https:/Ieha-cloud.doh.hawaii.gov/et)en-nit/.
Please see HAR,Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http://health.hawaii.aov/cwb/.
According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 441
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
Zendo Kern
August 13, 2021
Page 5 of 6
• Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
• Noncompliance with water quality requirements contained in HAR, Chapter 11--54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
■ Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
■ Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: www.hawaii.gov/doh/pollutediunoffcontrol.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at 933-
0917.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environniental/env-planning/landttse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist)created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
Zendo Kern
August 13, 2021
Page 6 of 6
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
eP�?YY•o� 'y
Mitchell D.Moth _ Ramzi 1.Mansour
Mayor Director
Lee E. Lord ';+�*' Brenda D.lokepa-Mases
Managing Director Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao'a street,Suite 41•Hilo, Hawaii 96720
Ph:(808)961-8083 ■Fax:(848)961-8086
Email: cohdem@hawaiicounty.gov
MEMORANDUM COH PLANNING DEPT
JUL 30 2021 Pm3:03
TO: Zendo Kern, Director
Planning Department
REC,`l_s HAND DELIVERED
FROM: Ramzi 1. Mansour, Direc(3l(W&QWqf'kw--
Department of Environmental Managemen
m
DATE: July 27,2021
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 Shalini Kapoor
TMK: 1-9-004:051
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations(contact the Solid Waste Division for details):
(X) No comments.
( } Commercial operations, State and Federal agencies,religious entities and non-profit
organization may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
{ } Ample and equal room should be provided for rubbish and recycling.
( } Green waste may be transported to the green waste sites located at the West Hawai`i
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( } Submit Solid Waste Management Plan in accordance with attached guidelines.
( } Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
( } Other:
Planning Dept.
County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit-9—
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations(contact the Wastewater Division for details):
WASTEWATER DIVISION COMMENTS:
( } No continents.
( } Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( } Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete Sewer Extension Application.
( } Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( } Check or line out as applicable: [ ]If required by the Director of the Department of
Environmental Management ("Director of DEM"), [ J applicant shall conduct a sewer
study in accordance with the then applicable wastewater system design standards prior
to approval to connect to the County sewer system. Applicant shall provide such sewer
line or other facility improvements as the Director of DEM may reasonably require,
which the sewer study may indicate are advisable for mitigation of impacts of the
proposed project. Contact Wastewater Division Chieffor details. ( )
( } Proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 403.5,prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawaii Department of Health for information regarding
pretreatment standards.
(X ) Applicant shall follow Hawaii Department.of Health regulations.
( } Other:
RM:pls
t� 10 F kq Sl'1:1NNF.DXASE
DAVID Y.IGE ('11.11RPGRSf1N
GOVERNOR OF HAWAII 0 HOARD OF LAN 1)AND NA:I'RAL RLSOt R(Ph
r - 11.1},x[:F:sIEN 1'
S Y
l VAnd and
lo
P
�+ STATE OF HAWAII
'rafe olNavf° DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOY 6)1
HONOLULU.HAWAII 96809
August 19, 2021
County of Hawaii
Planning Department
Attn: Mr. Eric Cook via email: plan ninq(a7hawaiicounty.gov
101 Pauahi Street, Suite 3
Hilo, Hawaii 35724
Dear Mr. Cook:
SUBJECT: Change of Zone Application (REZ 21-000249)—Request to Change Zoning
from Single-Family Residence-24,040 Square Feet (RS-20) to Village
Commercial-10,000 Square Feet (CV-10) located at Cla'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. 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) 587-4417 or email: dariene.k.nakamura@hawaii.gov.
Thank you.
Sincerely,
Russell Y. Tsuji
Land Administrator
Enclosures
cc: Central Files
Planning Dept.
Exhibit 10
F,O,p,k9 Sl;ZANNE D.CASE
DAVID Y.IGE .cps,t9aa :y 017fRPERSUN
3CVLF7NOR OI IIAI'VR9 + BOARD OF I-AND AND NA-1 URAL RNSI PURCES
.•�., CONINUSSTON ON WA'IFR RYSIATRU
i r s�A�:�GF:a�h.tir
ji, old and A4,,;,
0
a STATE OF HAWAII
S4teJw';- DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE•.BOX 631
HONOI.UT U,i-12%%V.Aii 96809
July 23, 2021
MEMORANDUM
FROM:
T& DLNR Agencies:
_Div. of Aquatic Resources
_Div, of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGRCcb-hawaii.gov}
X Div_ of Forestry & Wildlife (rubyrosa.t.terrago(d)hawaii.gov)
_Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRMCa7hawaii.gov}
_Office of Conservation & Coastal Lands
X Land Division— Hawaii District (gordon.c.heitCcahawaii.gov}
Russell Y. Tsuji, Land Administrator's 7-sYy�,
SUBJECT: Change of Zone Application (REZ 21-030249) —Request to Change Zoning
from Single-Family Residence-20,040 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 99, 2029.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene
Nakamura at darlene.k.nakamura65)hawaiigoy. Thank you.
( } We have no objections.
( } We have no comments.
[ } We have no additional comments.
(V) Comments are attached.
Signed:
Print Name: Carty S. Chang, Chief Engineer
Division: Engineering Division
Date: Aug 10,2021
Attachments
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: 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(s): (3) 1-9-004:051
Applicant: County of Hawaii on behalf of Raja Daggula and Shalini Kapoor
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of
the Code of Federal Regulations(44CFR), are in effect when development falls within a
Special Flood Hazard Area(high-risk areas). State projects are required to comply with
44CFR regulations as stipulated in Section 60,12. Be advised that 44CFR reflects the
minimum standards as set forth by the NFIP. Local community flood ordinances may
stipulate higher standards that can be more restrictive and would take precedence over the
minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated
on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood
Hazard.Assessment Tool (FHAT)(http://gis.hawaiinfip.org/FHAT).
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
a Oahu: City and County of Honolulu, Department of Planning and Permitting
(808) 768-8098.
❑ Hawaii Island: County of Hawaii, Department of Public Works(848)961-8327.
❑ Maui/Molokai/Lanai County of Maui, Department of Planning(808)270-7253.
❑ Kauai: County of Kauai, Department of Public Works(808) 241-4896.
Signed: 4Z�7
TY S.rHANG, CHIEF ENGINEER
Date: Aug 10,2021
�// c ti z1
SUZANNE D.CASE
DAVID Y.IGE `�� �IoffC�'.9 CHAIRPERSON
GOVERNOR OF HAVMI %f DOA RD OF LAND AN I)NATORA S.RFSOURCFS
CO-M NINS CON ON WATER RESOD RCE
t
MANAC;F,MRNT
+S�+
aru1�'y4i � ..� .•A�C
STATE OF HAWAII
DEPARTMENT OI'LAND AND NATURAL RFSOIIRCFS
LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
July 23, 2021
MEMORANDUM
TO: DLNR Agencies:
_Div. of Aquatic Resources
_Div, of Boating & Ocean Recreation
_LEngineering Division (DLNR.ENGRILaghawaii.gov}
X Div, of Forestry& Wildlife (rubyrosa.t.terrago(a),hawaii.gov)
_Div. of State Parks
XCommission on Water Resource Management (DLNR.CWRM hawaii. ov)
_Office of Conservation & Coastal Lands
X Land Division—Hawaii District( ordon.c.heit hawaii. ov)
FROM: Russell Y. Tsuji, Land Administratork"'-&ff rnyL
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) 1-9-404:051
APPLICANT: County of Hawaii on behalf of Raja Daggula and Shaiini 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. Should you have any questions about this request, please contact Darlene
Nakamura at darlene.k.nakamura@hawaii.gay. Thank you.
{ e have no objections.
(,/ we have no comments.
[ } We have no additional comments.
( } Comments are attached.
Signed:
Print Name: O
Division: !J
Date:
Attachments
cc: Central Files
SLY ANNE D.CA5£
DAVID Y.IGE hQ'',ra sa :y CIIADCPERSON
GOVERNOR OF HAWAIISOA RD OF LAN I)A\D N kUlRA 1.REN01"RCFS
C'O\]AIILSION ON WA I'l:R HESO]'RUT
E 'M:NAGE\1}.1..1.
��ard and I
NA
`
r
STATE OF HAWAII
Srarenr Hx++ DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOIJ1.-ll_HAWAII 96809
August 24, 2021
County of Hawaii
Planning Department
Attn: Mr. Eric Cook via email: PIanninq(a)hawaiicounty.gov
101 Pauahi Street, Suite 3
Hilo, Hawaii 90720
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; 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 dated August 19, 2021, enclosed are comments from the Division of
Forestry 81 Wildlife on the subject matter. Should you have any questions, please feel free to
contact Darlene Nakamura at(808)587-0417 or email: darlene.k.nakamura(a7hawaii.gov. Thank
you.
Sincerely,
Russell Y. Tsuji
Land Administrator
Enclosures
cc: Central Files
Planning Dept.
Exhibit 11
St ZANN-E D.CASE
DAVID Y_IGE 'CHAIRPERSON
GOV E RNOR OF HAWAIIMAND NILU.RESOURCTS
0 BOARD OF LAN AU1-
ti
CONIA[IMION ON WATER WS01-W-E
r NIANAGE ArE.Nx
,Lam and o A%,
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DI'VISION
POST OFFICF BOX 621
1 10NOL U LU" I 1A WAII 96809
July 23, 2021
MEMORANDUM
TO: DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating &Ocean Recreation
X Engineering Division (DLNR.ENGRahawaii.gov)
X Div. of Forestry&Wildlife {rubyrosa.t.terragoahawaii.go
Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRMahawaii.gov)
Office of Conservation & Coastal Lands
X Land Division—Hawaii District(gordon.c.heitO h awaii.gov)
FROM: Russell Y. Tsuji, Land AdministratorRussett 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; TMIK (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. Should you have any questions about this request, please contact Darlene
Nakamura at darlene.k.nakamurafthawaii.gov. Thank you.
We have no objections.
We have no comments.
We have no additional comments.
{0 } Comments are attached.
Signed: 00A
Print Name: DAVID G. SMITH, Administrator
Division: Division of Forestry and Wildlife
Date: Aug 19,2021
Attachments
CC' Central Files
S12ANWE Il.CASE
DAVIDI-JCE snARDoru�-o�Dt��nnALREsaLRCEs
CiUt 1AtiUR VF IIA��".Sll .(� R 19 5 g MAMISSION ON WATER RESOURCE MANAGEMENT
ROBERT K.NrASLDA
FlRSIPEPLTy
\E kALEO MA.\L'EL
DEPL'TYMEMK-WATER
A
QUATICRESOURCES
1 eoAeLRFAU CF M RECREATION
COMMI&SMN ON WATERRESOU'RCE?MANAUEMENT
STATE OF HAWAII
HAVIA�� CON SER%"Ana"AND COAWAL LAI DS
DEPARTMENT OF LAND AND NATURAL RESOURCES `°h "A"�AND RESOURCES ORRfEa4EttT
LTM
DIVISION OF FORESTRY AND WILDLIFE FMr�sr�PU�� N''TPO
1151 PUNCHBOWL STREET,ROOM 325 KMOOIAwr ISLA.\a RESERVE cov"SSION
LA3a
HONOLULU,HAWAII 96813 STATE PARK$
August 18, 2021
MEMORANDUM Log no. 3253
TO: RUSSELL Y. TSUJI, Administrator
Land Division
FROM: DAVID G. SMITH, Administrator
Division of Forestry and Wildlife
SUBJECT: Division of Forestry and Wildlife Comments on a Request to Change Zoning
from a Single-Family Residential of 20,000 Square Feet (RS-20) to a Village
Commercial of 10,000 Square Feet (CV-10) at Ola`a Summer Lots, Puna,
Hawaii
The Department of Land and Natural Resources,Division of Forestry and Wildlife(DOFAW)has
received you request for comment on a request to change zoning from a single-family residential
lot of 20,000 square foot (RS-20) to a village commercial lot of 10,000 square foot (CV-10) at
Ola`a Summer Lots,Puna, on the island of Hawaii,TMKs:(3) 1-9-004:051. The proposed project
includes constructing three single story single family dwellings for short-term vacation rental on
previously undeveloped land, including one 3-bedroom unit at 3,060 square foot, one 2-bedroom
unit at 1,500 square foot,and one single bedroom unit at 900 square foot. Ancillary improvements
would consist of a six-stall parking area and a minimum of two septic systems connected to the
three units.
The State listed Hawaiian Hawk or`Io(Buleo solitarius)is known to occur in the project vicinity.
DOFAW recommends a qualified biologist survey the area to ensure no Hawaiian Hawk nests are
present if trees are to be cut. `Io nests might be present during the breeding season from March to
September.
The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereas semotus)could potentially
to occur in the vicinity of the project area and may roost in nearby trees. Any site clearing that is
required should be timed to avoid disturbance during the bat birthing and pup rearing season (lune
I through September 15). During this period, no woody plants greater than 15 feet (4.6 meters)
tall should be disturbed, removed, or trimmed.
The State listed Hawaiian Goose or Nene (l3ranta sandvicensis) may also potentially to occur in
the vicinity of the proposed project site. It is against State law to harm or harass this species. If
this species is present during construction activities, all activities within 100 feet (30 meters)
should cease, and the bird should not be approached. Work may continue after the bird Ieaves the
area of its own accord. If a nest is discovered at any point, please contact the Hawaii DOFAW
Office at(808) 974-4221.
Artificial lighting can adversely impact seabirds that may pass through the area at night by causing
them to become disoriented. This disorientation can result in collision with manmade structures or
grounding of birds. For nighttime lighting that might be required, DOFAW recommends that all
lights be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting should
additionally be avoided during the seabird fledging season from September 15 through December
15.This is the period when young,newly fledged seabirds take their initial flight to the open ocean.
For illustrations and guidance related to seabird-friendly lighting styles that also protect the starry
night skies of Hawaii please visit: https:Hdlnr.hawaii.govlwiIdIIfelfiles120161031 DOC432.pdf.
To prevent the spread of Rapid `Ohi`a Death (ROD), if `ahi`a trees are present and will be
removed, trimmed, or potentially injured DOFAW requests that the information and guidance at
the following website be reviewed and followed: haps://crns.ctalir.liawaii.edu/rod.
DOFAW recommends minimizing the movement of plant or soil material between works ites,such
as in fill. Soil and plant material may contain invasive fungal pathogens(e.g.,Rapid `Ohl`a Death),
vertebrate and invertebrate pests (e.g. Little Fire Ants), or invasive plant parts that could harm our
native species and ecosystems. We recommend consulting the Big Island Invasive Species
Committee at(808) 933-3340 in planning, design, and construction of the project to learn of any
high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and
personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive
species. Gear that may contain soil,such as work boots and vehicles,should be thoroughly cleaned
with water and sprayed with 70% alcohol solution to prevent the spread of Rapid `Ohi`a Death
and other harmful fungal pathogens.
DOFAW recommends using native plant species for landscaping that are appropriate for the area
(i.e.climate conditions are suitable for the plants to thrive,historically occurred there,etc.). Please
do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed Risk
Assessment website to determine the potential invasiveness of plants proposed for use in the
project(haps://sites.oogic.com/site/weedriskassessment/home).We recommend that you refer to
www.plantpono.org for guidance on selection and evaluation for landscaping plants.
We appreciate your efforts to work with our office for the conservation of our native species.
Should the scope of the project change significantly, or should it become apparent that
threatened or endangered species may be impacted, please contact our staff as soon as possible.
If you have any questions, please contact Paul Radley, Protected Species Habitat Conservation
Planning Coordinator at(808) 295-1123 oryaul.m.radleyMiawaii.gov.
Sincerely,
044
DAVID G. SMITH
Administrator
Mori, Ashley
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_COM M ENTS.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,Puna 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 Kamakila Blvd., Suite 555
Kapolei,HI 96707
(808)321-9000 (cell)
Planning Dept.
1
Exhibit-12_
ro+ SUZANNE D.CASE
A F N CHAIRPERSON
DAVID Y.IGE 't f.e "q}L tiBOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT
e
ROBERT K MASUDA
Y FIRST DEPUTY
w)d and y
p5 atU Ni K4LE0 MANUEL
DEPUTY DIRECTOR-WATER
10 i W'' AQ' TICRESOURCES
' .• B OATING AND OCEAN RECREATION
'{+ BUREAU OF CON�TIANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
e STATE OF HAWAII CONSERVATION AND RESOURCES ENTORCEMENT
ENGINEERING
FORESTRY AND WILDLIFE
late ofH DEPARTMENT OF LAND AND NATURAL RESOURCES RAHOOLA ISTO9LA DSSERE�MMISSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE PARKS
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
August 4,2021
IN REPLY REFER TO:
Zendo Kern,Director Project No.2021PR00830
County of Hawaii,Planning Department Doc.No. 2108SN02
101 Pauahi Street, Suite 3 Archaeology
Hilo,HI 96720
planning@hawaiicounty.gov
Dear Mr.Kern:
SUBJECT: 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,Puna District,Island of Hawaii
TNIK: (3)1-9-004:051
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 an aerial photo showing the project area.
Project Description
The applicant, Raja Daggula (landowner), is requesting a County of Hawaii zoning amendment for the 0.835-acre
project area(entire parcel) from Single-family Residential(RS-20) to Village Commercial(CV-10) for the purpose
of establishing three vacation rental units. The proposed complex will consist of three single-family dwellings with
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
the parcel has not been recently developed.
Determination
Based on the information provided above, the SHPD has no objections to the proposed amendment to the County
of Hawaii rezoning application.
However, SHPD has insufficient information to determine the potential of the proposed future development
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.naleimaileghawaii.gov for any questions or concerns
regarding this letter.
Mr.Kern
August 4,2021
Page 2
Aloha,
Alan S.Downer,PhD
Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
cc: Eric Cook,eric.cook@hawaiicounty.gov
Sydney Fuke, sidfuke@hawaiiantel.net
aSY C) N4
Mitchell D. Roth moo° w4, Kazuo S.K.L. Todd
ii,
Mayor •' Fire Chief
Lee E. LordEric H. Moller
.i�•;,,w=,.q;P` Deputy Fire Chief
Managing Director qtF dF NPS
Couutp of T"awai`i
HAWAII FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
July 27, 2021
TO: ZENDO KERN, PLANNING DIRECTOR
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 Shalini Kapoor
Tax Map Key: 1-9-004:051
Regarding the above-mentioned request,the following shall be in accordance:
NFPA 1, UNIFORM FIRE CODE, 2006 EDITION
Note:Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County
of Hawai`i amendments. County amendments are identified with a preceding "C—"of 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.
18.1.1 Plans.
18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the
fire department for review and approval prior to construction.
��'Wgti o
Planning p .De tt
Exhibit 13
Hawai'i County is an Equal Opportunity Provider and Employer.
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 AHJ 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 m2) 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 3 of 9
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 13D, 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 AHJ 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 20ft 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.
C-18.2.3.4.1.2.2 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
C— 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 1 ft drop in 20 ft(0.3 m 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.
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 Road.
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
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.
18.2.4.2 Closure of Accessways.
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.
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 18.3.2
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 NFPA 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 now
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 meet 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 C900 PVC pipe;
b) 4" for C906 PE pipe;
c) 3" for ductile Iron;
d) 3' for galvanized steel.
3) The Fire Department Connection (FDC) shall:
a) be made of galvanized steel;
b) have a gated valve with 2-1/2 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 AHJ;
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 AHJ 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.
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.
Z�
KAZ O 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: 01EPIF00-2021-TA-0412.
Melissa Cady
(she/her)
Maui Nui & Hawai`i Island Team
Pacific Islands Fish and Wildlife Office
U.S. Fish and Wildlife Service
154 Waianuenue Avenue Suite 103
Hilo, Hawaii 96720-2452
Office Phone: 808-933-6963
Cell Phone: 808-443-9795
Email: melissa—cady@fws.gov
Mailing Address:
U.S. Fish and Wildlife Service
PO Box 653
Hilo, HI 96721
Planning Dept.
1 Exhibit 14
DO NOT SEND THE FOLLOWING WITH THE CORRESPONDENCE
Updated 2021-3-03
ECOS/TAILS
Conclude
Do Not Conclude
Due Date: August 28, 2021 Not a TAILS Correspondence
Document Name: 2021-TA-0412 Daggula and Kapoor Zoning Change Volcano Hawaii.docx
Pathway to current location: T:ATeam MAUI NUI_HAWAII\1_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
ORIGINATOR: Melissa Cady, Fish and Wildlife Biologist, Hawaii DATE: August 5, 2021
Maui Nui Team
Full name;Title,Team
Comments:
REVIEWED BY: DATE:
Full name;Title,Team
Comments:
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: OlEPIF00-
Hilo, Hawai`i 96720 2021-TA-0412.
Email Address: planning@hawaiicounty.gov CC: Correspondence
CC:
Subject: OIEPIFOO-2021-TA-0412 Technical
assistance for proposed Change of Zone for Email Address:planning@hawaiicounty.gov,
ATTN: Eric Cook
TMK 3-1-9-004:051 from Single Family
Residential to Village Commercial, Volcano, Bcc: pifwo_admin@fws.gov
Hawai`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
NT OATtiF FISH m U.S.
United States Department of the Interior SERVICE
0
FISH AND WILDLIFE SERVICE
44CH 3 1�aq Pacific Islands Fish and Wildlife Office
300 Ala Moana Boulevard, Room 3-122
Honolulu, Hawaii 96850
In Reply Refer To: August 6, 2021
0IEPIF00-2021-TA-0412
Zendo Kern
Planning Director, County of Hawai`i
101 Pauahi Street, Suite 3
Hilo, Hawai`i 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
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
https://www.fws.gov/pacificislands/promo.cfm?id=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 Hawaii, we have also enclosed our biosecurity
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 https://www.fws.gov/pacificislands/articles.cfm?id=149489558.
You can find out if your project occurs in or near designated critical habitat here:
https:Hecos.fws.gov/ipac/.
INTERIOR REGION 9 INTERIOR REGION 12
COLUMBIA—PACIFIC NORTHWEST PACIFIC ISLANDS
IDAHO, MONTANA*, OREGON*, WASHINGTON AMERICAN SAMOA, GUAM, HAWAII, NORTHERN
PnxTui MARIANA ISLANDS
Zendo Kern 2
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,
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
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
Scientific Name Common Name/ Federal May Occur
Hawaiian Name Status In Proiect
Area
Mammals
Lasiurus cinereus semotus Hawaiian hoary E
bat/`o e`a e`a
Reptiles
Chelonia mydas green sea turtle/honu T ❑
- Central North Pacific
distinct population segment
DPS
Eretmochelys imbricata hawksbill sea turtle/ E ❑
honu `ea or `ea
Birds
Anas wyvilliana 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 stilt/ae`o E ❑
knudseni
Drepanis coccinea `i`iwi T
Oceanodroma castro band-rumped storm-petrel E
Hawaii DPS/`ake'ake
Pterodroma sandwichensis Hawaiian petrel/`ua`u E
Pufnus auricularis newelli Newell's shearwater/`a`o T
Ardenna pacificus wedge-tailed MBTA ❑
shearwater/`ua`u kani
Buteo solitarius Hawaiian hawk/`io MBTA
Gygis alba white tern/manu-o-ku MBTA ❑
Insects
Manduca blackburni Blackburn's sphinx moth E
Megalagrion pacificum Pacific Hawaiian damselfly E ❑
Megalagrion xanthomelas orangeblack Hawaiian E ❑
damselfly
Megalagrion nigrohamatum blackline Hawaiian E ❑
ni rolineatum damselfly
Zendo Kern 4
Enclosure 2. Federal Status of Plant Species
Plants
Scientific Name Common Name Federal Locations Mav
or Status Occur In
Hawaiian Name Proiect
Area
Abutilon menziesii ko`oloa`ula E O, L, M, H ❑
Achyranthes splendens ewa hinahina E O ❑
var. rotundata
Bonamia menziesii no common name E K, O, L, M, H ❑
Canavalia pubescens `awikiwiki E Ni, K, L, M ❑
Colubrina oppositifolia kauila E O, M, H ❑
Cyanea tritomantha `aku E H
Cyperus trachysanthos pu`uka`a E K, O ❑
Cyrtandra giardii ha`iwale E H
Gouania hillebrandii no common name E Mo, M ❑
Hibiscus brackenridgei ma`o hau Kele E O, Mo, L, M, H ❑
Ischaemum byrone Hilo ischaemum E K, O, Mo, M, H ❑
Isodendrion pyrifolium wahine noho kula E O, H ❑
Marsilea villosa `ihi`ihi E Ni, O, Mo ❑
Mezoneuron kavaiense uhiuhi E O, H ❑
Nothocestrum breviorum `aiea E H ❑
Panicum fauriei var. Carter's E Molokini Islet(0), ❑
carteri pamcgrass Mo
Panicum niihauense lau`ehu E K ❑
Peucedanum sandwicense makou E K, O, Mo, M ❑
Pleomele (Chrysodracon) halapepe E H ❑
hawaiiensis
Portulaca sclerocarpa `ihi E L, H ❑
Portulaca villosa `ihi E Le, Ka, Ni, O, Mo, ❑
M, L, H, Nihoa
Pritchardia afnis loulu E H ❑
(maideniana)
Pseudognaphalium `ena`ena E Mo, M ❑
sandwicensium var.
molokaiense
Scaevola coriacea dwarf naupaka E Mo, M ❑
Schenkia (Centaurium) awiwi E K, O, Mo, L, M ❑
sebaeoides
Sesbania tomentosa `Mai E Ni, Ka, K, O, Mo, M, ❑
L, H, Necker, Nihoa
Tetramolopium rockii no common name T Mo 0
Zendo Kern 5
Vigna o-wahuensis no common name E Mo, M, L, H, Ka ❑
Location key: 0=0`ahu, K=Kauai, M=Maui, H=island of Hawaii, L=Lanai, Mo=Molokai,
Ka=Kaho`olawe, Ni=Niihau, Le=Lehua
Enclosure 3.
BIOSECURITY PROTOCOL —HAWAI`I ISLAND
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 Hawai`i 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
ants (or other invasive species) must not enter natural areas or native habitat.
Treatment is the responsibility of the equipment or vehicle owner and operator.
2. Little Fire Ants —All work vehicles, machinery, and equipment should be inspected
for invasive ants prior to entering the natural areas or native habitat.
a. A visual inspection for little fire ants should be conducted prior to entry into
natural areas or native habitat.
b. Hygiene is paramount but even the cleanest vehicle can pick up a little fire ant.
Place MaxForce Complete Brand Granular Insect Bait(1.0 percent
Hydramethylnon; into
Zendo Kern 6
refillable tamper resistant bait stations. An example of a commercially available
refillable tamper resistant bait station is the A_n�C-afe_�P-_o-
(piths_//www__n_t_c-a_fe.-c-o�/). 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://www.littlefireants.com/) 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; hUp:Hlittlefireants.com/Maxforce%20Complete.l)df) or
AmdroPro (0.73 percent Hydramethylnon; http://littlefireants.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; hUp:Hlittlefireants.com/Maxforce%20Complete.l)df) or
AmdroPro (0.73 percent Hydramethylnon;
h!W:Hlittlefireants.com/Amdro%2OPro.pdf) following label guidance.
3. Base yards and staging areas inside and outside areas must be kept free of invasive
species.
a. Base yards and staging areas should be inspected at least weekly for invasive
species and any found invasive removed immediately. Pay particular attention to
where vehicles 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 abase 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 `6hi`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.
b. All cutting tools, including machetes, chainsaws, and loppers must be sanitized to
remove visible dirt and other contaminants prior to entry into natural areas or
Zendo Kern 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 `ohi`a parts:
a. `Ohi`a firewood, `6hi`a logs, and `6hi`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.
Volcano Community Association
�� PO Box 600, Volcano, HI 967$5 ` www.voicanocommunity.org ■ vcainfc rt)yahoo.cam
a VOLCANO
August 17, 2021
CBH PLRNN-;NG DEPT
Zend❑ Kern
Director Hawaii County Planning Dept, AUG 19 2021 AH10:53
101 Pauahi St, Suite 3 REC'0 HAND DELIVERED
Hilo, H1 96720
CC: Puna CDP Action Committee, Hawaii Tribune-Herald, Civil Beat, Ka'u Calendar
RE: 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 Shalini Kapoor
Tax Map Keys: 1-9-004:051
Dear Mr. Kern,
Thank you for your July 20, 2021 memorandum requesting comment on the above Change of Zone Application.
The Volcano Community Association is OPPOSED.
The property in question is covered with a thick forest canopy of mature 'ohia trees, hapu'u fern and other native
species. Although the Applicant states the intention to preserve as much native growth as possible, it is clear 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 home 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 order to add yet another STVR
does not conform to the intent of Ordinance 2018-114 (Bill 108), and we do not want to set a precedent for future
zone change requests in an attempt to circumvent the SNR 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 community to respond to this
rezoning request. We intend to appear at any Planning Commission meetings or Bearings related to this protect.
Sincerely,
Sher Glass, Volcano Community Association President
Planning Dept.
Exhibit 15
KI-11-us
COH PLANNING DEPT
AUG 5 2024L PH3:03
Planning Director - , A-1
County of Hawaii Planning Department July 31 , 2021
101 Pauahi Street, Suite 3
Hilo, Hl 95720
Dear Sir,
This letter is in regard to the notice of the Zone Change Application for the
property at
TMK 1-9-004:051 sent to us as adjacent property owners.
We 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 come here 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,
cj�L� '�L
Theresa Ann Reed
808 305-5787
Trust Owner
TMK 1-9-004:59
Planning Dept.
Exhibit 16
Daryn Arai
Land Use Planning Consultant
Dear Neighbors,
Notice of Filing of Change of Zone Application with Planning Department
Applicant: Raja Daggula
Request: Single Family Residential (RS-20)to ViIlage Commercial (CV-10)
Proposed Use: Three (3) Short Term Vacation Rental Units
Affected Property: TMK 1-9-004:051, Ola`a Summer Lots, `Ola`a, Puna
On behalf of the Applicant and landowner, Raja Daggula.and in accordance with the
requirements of Section 25-24 of the Hawaii County Code, this letter will serve notice regarding
the Ming of a Change of Zone application with the County of Hawaii Planning Department on
June 7,2421, seeking to rezone 3 6,3 73 square feet of land located adjacent to the east of lands
associated with the Kilauea Lodge complex, from RS-20 to CV-10 to accommodate the
construction of three(3) short term vacation rental units. More precisely, the subject property is
located along the north side of Old Volcano Road,approximately 335 feet west of its intersection
with Wright Road.
The attached Preliminary Site Plan provides a concept of this proposal. Another similar
notice wiI l later be sent to you informing you of the date,time and place of a hearing on this
application before the Windward Planning Commission, where you may wish to provide
testimony on this application.
Should you be interested, a copy of the application can be viewed at the Planning
Department offices located in both East and West Hawaii. Should you have any questions
regarding this application,or wish to submit written testimony to the Planning Director and/or
the Windward Planning Commission in advance of the public hearing on this application, we
offer the contact information for the Planning Department as follows:
County of Hawaii Planning Department
101 Pauah1 Street, Suite 3
Hilo, Hl 96720
Phone: (808) 961-8288
Email: planning@hawaiicounty.gov
Should you have any questions regarding this application, also feet free to contact me.
Sincerely,
Daryn Arai
Land Use Planning Consultant
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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!
Z
-----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
Dear Director Kern:
I am writing to provide comments on the above referenced application. I own a home in Volcano Village at 11-3999 Hale
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.
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
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.
The consideration by the Planning Department of community sentiment and input regarding this proposed rezoning and
new STVR development is sincerely appreciated.
Mahalo,
Jim Frierson
808-388-7322
2
Jonathan T Clark and Jocyline C. Clark COH PLANNING DEPT
AUG 16 202 -PH:2:49
99-3932-A Old Volcano Road
Volcano, Hawaii, 96785 RECD BY MRI`
Mailing Address: PO BOX 55
HVNP, HI, 96718
Jontclark2@gmail.com -
11 August 2021
TO: County of Hawaii, Planning Department.
ATTENTION: tendo Kern, Director
Subject: Opposition to Zoning Change Application for 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 Shahid Kapoor
Tax Map Kers: 1-9-004:051
This letter serves as our official objection to the application by Raja Daggula to change
the zoning of the above property from RS20 to CV10. My wife and I own the two properties
directly behind the subject lot. With the restrictions placed on new Short Term Vacation
Rentals, (STVRs),we feel as though this was the plan all along by the property owner,to seek
remedy through rezoning. This allows for modified setbacks and clearing of an ohia filled rain
forest property in order to allow for his massive footprint.
This proposed SNR project is not needed in this area, as there are numerous legal and
permitted STVRs in Volcano and the surrounding communities.The added noise,traffic and loss
of rain forest is, in my opinion is not worth the costs of rezoning for this project. This spot
zoning will set a very dangerous precedent as all of the surrounding properties are zoned
residential,except of course for the iconic and historic Kilauea Lodge. We ask that you not
approve this request.
Planning Dept.
Exhibit 18
While Mr. Daggula has the absolute right to petition for a zoning change, It just does not
pass the smell test. Thank you, sir.
sp�full .
Jonathan . Clark
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AUG 19 2021 AmIO:52
RECD RAND DELIVERED
August 18, 2021
Zendo Kern
Director Hawaii County Planning Rept.
101 Pauahi St, Suite 3
Hilo, 1-1196720
Aloha Director Kern,
I'm a resident of Volcano Village. I'm writing to express my concern over the
proposed Change of Zone Application (REZ 21-000249) for Tax Map Key 1-9-
004:051, by applicants Raja Daggula and Shalini Kapoor.
This Change of Zone application is an obvious attempt to get around the County's
STVR laws, and granting it would set a terrible precedent for Volcano. While I am
not opposed to development per se, the last thing this community needs is another
STVR—especially one that necessitates major destruction of mature native forest
land.
Mahalo for your consideration.
Sincerely,
Aubrey Hawk
Pa Box 303
Volcano HI 96785
Planning Dept.
Exhibit-19—
August 12, 2021 COH PLANl ING DEPT
RUG 13 2€ 21 p2:35
attn-. Director Zendo Kern , 0YyL
County of Hawai'i Planning Department
101 Aupuni St
Hilo, HI 95720
RE: Change of Zone Lot 1 :9:004:051 from RS 20 to VC10
Aloha Director Kern,
My name is Lorna Larsen-Jeyte and I am a resident of Volcano Village,
Hawai'i Island. I've lived in Volcano for 35 years and have been active as a
community volunteer.
have strong reservations about the conversion of Lot 1 :9:004;051 to Village
Commercial for several reasons. It appears from the plot plan that the Lot
will be clear cut to make way for three structures and paved parking lot, leach
field, water tanks, septic, driveway. Some ohia and understory may be saved
on the perimeters due to setbacks but from conventional wisdom, we foresee
the demise of those flora from construction equipment damage to the shallow
roots. Volcano Long Range Plan written in 1991 and again in 2015
expressed the strong desire to protect the forest of Volcano. The Applicants
would install dwellings and roads and infrastructure on a property that is too
small to support that development in addition to preserving a forest canopy.
Secondly, because the Applicant could not obtain an STVR license for these
units, they have sought to change the Zoning. Approval of this complex could
set a bad precedence: specifically, remaining lots on Old Volcano Road could
be similarly developed, limiting the potential for other future uses in the
Village. The proposed development would override the intent of the draft
Volcano Long Range Plan, which is a subordinate plan to the Puna
Community Development Plan (PCDP). These two documents need to be
properly referenced in the developers'
environmental impact review. In fact, the proper reference for the developer
should place the VLRP as the guiding standard for this and any other
commercial development proposal for the core of Volcano Village. To ignore
this would render the County planning process irrelevant, and therefore the
proposal unacceptable.
Planning Dept.
Exhibit 20
Thirdly, the Applicants proposes yet another lodging establishment, in a
community that is replete with lodges, STVR (200+1-) and bed and
breakfasts. Adding another such development seems superfluous. When
small cottages were built on Uluhe Lane under a native forest canopy they
did not foresee a large commercial complex as neighbors.
Mahalo,
Lorna Larsen-Jeyte
PO Box 235
Volcano Hawai'i 96785
home address: 19-3956 Old Volcano Rd.
email: tutulornw2gmail.com
cell: 808 937-2079
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Zendo Kern
Director, flawai'i CoLtnty Planning Dept.
August 19, 2021 COH PLPINNING DOD T
AUG 19 2421 Am 10:54
REQ:D HANl? DE tU RM
' RE: IN OPPOSITION to Change of Ione Application (REZ '_11-0��1) From RS-20-to
ICV-10
Applicant: Raja Dagpla and Shalini Kapoor
TMK: 1-9-004:051
Aloha Director Kerhl: As a 45-year resident of Volcano
Villager i have been actively involved in building community
over those years, having served often on the boards of our
community association and having worked with others to
create our Volcano Long Range Plan (VLRP).
Thus I stand IN OPPOSITION to the proposed zoning change
from RS-20 to CV-10 by the applicants Raja Daggula and
Shalini Kapoor. The VLRP clearly indicates the community's
desire for careful conservation of the native forest here in
Volcano. This community is still reeling from the massive
bulldozing of the native forest to create a mini mall that has
stood mostly empty all these years, and just down the road
from the applicant. (Please see the attached two photos)
(l recall the Joni Mitchell lyrics:
"They paved paradise and put up a parking lot."I
Planning Dept.
Exhibit 21
Allow me to point out Priority 3 on page 47 in the 2015
Revision to the VLRP, wherein we wish to revise the
commercial zone boundaries such that a local steering
committee-would review, remise and suggest to County
Planning Dept. the boundaries in compliance with the
proposed historic district along nearby Old Volcano Road.
Approval of this zoning application at this time would be very
poorly timed.
Furthermore, I understand there to be 200+ STVRs already in
existence in the Volcano area. With the recent influx of
visitors to Volcano, I am seeing much more traffic on our
country roads here - not only by the vacationers coming and
going into the STVRs, but by the cleaning people, the
maintenance people, the water trucks during dry weather, the
Hawaii Gas trucks, UPS trucks, etc.
Old Volcano Road is our main north-South artery here in
Volcano Village, a narrow two-lane road that is surprisingly
busy as it is now.
To convert residentially zoned land to commercial in that area
seems to be in conflict with the intent of Bill 108.
Lastly Director Kern:
It was my understanding that the County had put a
moratorium on any change of zoning to Commercial unless
the applicant had access to County water. And as you know,
we're all on water catchment systems up here. I thought the
County wasn't currently accepting "trucked in water" as
acceptable for zoning changes to Commercial.
Thank you kindly for your consideration,
Jeffrey Mermel
Past President, Volcano Community Association
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Daniel Taylor
P. 0. Box 683
Volcano, HI 96785
vo lca n od a n@ya li ao.com
224 August 2021
GQH PLANNING DEPT
Mr.tendo Kern,Planning Director AUG 30 2021 HR7;46
101 Aupuni St. RECD BY !SAIL
Hilo, HI 96720
REF:opposition to a land use zone change in Volcano Village for lot 1:9.004:51
Aloha, Mr. Kern,
I am a former member(then chairperson)of the PCDP Action Committee(2011-1015)and the former
chairperson for the Volcano Long Range Plan(2012—1016), 1 have been a resident of Volcano since
1979,during which time I 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 (2006-2007).
A developer's proposal for a change in land use zoning from RS20(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 2014.) 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 plan as it was presented to
your office.
The regional(Puna) plan and the 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 so, he would have articulated the
following references:
1. PCDP frequently refers to Volcano historical and cultural values. The section Malama I Ka'Aina
asserts the natural, historic,and cultural features of Puna should be preserved and respected.
County has primary jurisdiction over land use and development in Ag and urban/rural districts
and can take proactive measures to protect resources in these areas, which encompass...early
towns and villages. (PCDP pp 1-6,2-2)
This section advocates Special Design Districts with detailed planning,design standards and
review procedures for Volcano Village historic core(2.1.3a) 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 order to prevent 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 PCDP. 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 PCDP and VLRP. County
Planning officials might consider restoring the community propose for a Village Design District,
and as well provide encouragement and guidance for 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
I
Dan Taylor HONOL!ILU HI 967
Pd Box 683M,
Volcano,HI 96785-0683 ?4 A L -'?n-21 pm g
COH PLANNING DEPY
AUG 30 2421 Am7:46
�i=��s�—'i:F�='rc_� s�ll��ll�l"�I��sti:Elli�llllllss11141�11j111��s�ls]3�srlflllliss
A11NIG DEPT
RUG 11 202 1 PH,1:57
Martha Hoverson RECT BY MAIL
Po Box 2207
Volcano, HI 96785
August 8, 2021
County of Hawaii Planning Department
101 Pauahi St., Suite 3
Hilo, HI 96720
RE Change of zoning application for TMK 1-9-004-051 Proposed 3 short term vacation
rental units
Dear Planners
I am writing to oppose the request for a change of zoning; for the parcel referenced above.
Friends of mine shared the letter from the applicants with me, and I wanted to voice my
opinion oil the request.
Changing the zoning, to allow more vacation rental units seems to run counter to the
attempt by the State to limit the number of-vacation rentals in residential neighborhoods.
If the County were to allow=a change of zoning for commercial use, it should be for an
enterprise that Volcano Village really needs, not more vacation rentals coming, in through
the "back door" of a zone change.
Sincerely,
Martha I-loverson
Planning Dept.
Exhibit 23
HCsNOLULU HI 967 r
PUG 1-12021
7
D`720_4=2403
Mori, Ashley
From: joe blow <joeblow0933@live.com>
Sent: Monday, September 13, 2021 12:47 PM
To: Planning Internet Mail
Subject: Fwd: Volcano Village Development Yes, I am real. I'm using an anonymous email due
to fear of repercussion
r
1 Planning Dept.
Exhibit 24
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. We feel 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.
I will be sending a copy of this to the mayor. In the past, Mayor Roth has shown a genuine interest in Volcano and
maintaining its limited development, crime, and gentrification. We hope he continues to be an ally.
What we are asking is for this permit to be not given any consideration .
Thank you for your time .
Sent from my iPad
Begin forwarded message:
From:joe blow<joeblow0933@live.com>
Date: September 13, 2021 at 12:33:53 PM HST
To: planning@ hawaiicounty.gov
Subject:Volcano Village Development Yes, I am real. I'm using an anonymous email due to fear of
repercussion
Sent from my iPad
2
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•r
NOTICE OF APPLICATION
REZONING RS-2a TO CV-10
PROPDSEfl ING - W
PROPERTY SIZE, 36,373 SQ. F
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Mori, Ashley
From: Joe Blow <joeblow0933@live.com>
Sent: Monday, November 8, 2021 4:36 PM
To: Planning Internet Mail
Subject: Permit sign on old 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 to investigate if this passes.
Don't think we have forgotten about this.
A concerned group in Volcano against development.
Planning Dept.
1
Exhibit-25—
Mori, Ashley
From: Lorna Larsen-Jeyte <tutulorna@gmail.com>
Sent: Monday, November 22, 2021 2:35 PM
To: WPCtestimony
Subject: RE: Raja Daggula change of zone (3) 1-9-004:51
My name is Lorna Larsen-Jeyte and I live on Old Volcano Rd in Volcano Village. (3) 1-9-004:48.
1 object to the proposed change of zone from Residential 20,000 to Village Commercial 10,000 for several reasons.
1)The proposal is for 6 STVR units on 36,000 sq ft. The site is heavily forested with ohia and 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
Rd to put 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. We already have A LOT of STVR in Volcano's community. About 200 at last 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 of our community.
4)There are already several established B&Bs for sale in the community. Why not buy one of those instead of bringing
in dozers to destroy a beautiful forest and end the peace for neighbors on Uluhe Way? And set a lousy precedent.
Thank you,
Lorna Larsen-Jeyte
35 year resident member of Volcano Community Foundation, Experience Volcano Hawaii and Friends of Volcano School.
Planning Dept.
1 Exhibit 26
Mori, Ashley
From: Daryn Arai <Daryn.Arai@outlook.com>
Sent: Tuesday, August 31, 2021 8:37 PM
To: Mori, Ashley
Cc: 'Raja Daggula'; 'dukunderr'; Sidney Fuke; Cook, Eric
Subject: REZ 21-000249 Applicants: Raja Daggula and Shalini Kapoor response to Agencies'
Comments
Attachments: REZ-21-000249 Applicant's Response to Agencies Comments 2021.08.31.pdf
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 various reviewing agencies
for proper dissemination to the Windward Planning Commission, Planning Director and staff, and responding
agencies.
Should you have any questions, please feel free to contact me.
Daryn
Dairyin Arai
Mobile: (898) 895-321.8
Planning Dept.
1 Exhibit 27
Daryn Arai
Land Use Planning Consultant
Mr. Zendo Kern
Planning Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
August 31, 2021
Dear Director Kern:
Application: Change of Zone Application (REZ 21-000249)
Applicants: Raja Daggula and Shalini Kapoor
Subj ect: 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.ARAI@OUTLOOK.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, 2021)
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 1
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 (memo dated
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 "X" 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. aku
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,
IC 4
Daryn Arai
copy via email: Mr. Raja Daggula
Mr. Sidney Fuke
Mori, Ashley
From: Daryn Arai <Daryn.Arai@outlook.com>
Sent: Tuesday, September 14, 2021 8:59 AM
To: Mori, Ashley
Cc: 'Raja Daggula'; Sidney Fuke; Cook, Eric
Subject: Re: REZ 21-000249 Applicants: Raja Daggula and Shalini Kapoor response to Public
Comments
Attachments: REZ-21-000249 Response to Public Comments 2021.09.14.pdf
My apologies everyone!
Attached is the correct response.
Daryn
Dairyin Airai
Mobile: (808) 895-32:1..8
From: Daryn Arai <Daryn.Arai@outlook.com>
Sent:Tuesday, September 14, 20218:52 AM
To: Mori,Ashley<Ashley.Mori@hawaiicounty.gov>
Cc: 'Raja Daggula' <raja.daggula@gmail.com>; Sidney Fuke <sidfuke@hawaiiantel.net>; Cook, Eric
<E ric.Cook@ hawai icou nty.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 to the Windward Planning Commission, Planning Director and assigned staff.
Please note that a copy of this response is being mailed and/or emailed to those individuals and organization
that provided comments.
Should you have any questions, please feel free to contact me.
Daryn
Dairyin Airai
Mobile: (808) 895-32:1..8
Planning Dept.
Exhibit 28
Daryn Arai
Land Use Planning Consultant
Mr. Zendo Kern, Director
County of Hawaii Planning Department
101 Pauahi 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
TM K: TMK: 1-9-004: 051. Volcano, Puna. Hawai`i
Again, thank you for providing the Applicants, Raja Daggula and Shalini Kapoor, with a
copy of agency and public comments regarding the above-described application. As noted in our
earlier response to agency comments, this letter will respond exclusively to public comments
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); Jeffrey Mermel (August 19, 2021;Lorna Larsen-Jeyte
(August 12, 2021); Aubrey Hawk (August 18, 2021); and Jonathan and Jocyline 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 `Qhi`a 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 means to address these concerns.
Regulatory Compliance
The issue here is whether the requested CV zoning is consistent with the County General
Plan, Puna Community Development Plan, and the Volcano Long Range Plan. 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 is consistent with the General Plan LUPAG map.
P.O.BOX 4501,HILO HAWAII 96720
PHONE:(808)895-3218 EMAIL:D_ARYN.ARAI@OUTLOOK.COM
Mr. Zendo Kern,Director
County of Hawaii Planning Department
Page 2 of 6
September 14, 2021
Further, the Puna Community Development designates the subject property to be within
the Volcano Community Village Center, an area along the Old Volcano Highway between
Haunani Road and Wright Road as shown below and represented as Figure 6-PCDP Community
Village Center with the Applicants' change of zone application.
SUBJECT PROPERTY
Vo;cmio Community VC
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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`Ohi`a forest canopy to the extent practicable. Even in the
Mr. Zendo Kern,Director
County of Hawaii Planning Department
Page 3 of 6
September 14, 2021
absence of Special Design District standards, the Applicants strongly believe that the proposed
development and use of the property as a 3-unit STVR provides the best opportunity to minimize
significant adverse effect upon the existing `Ob"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 Rental)
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. Further, 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:
1. 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-Conforming." It should be noted that
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. A circumventive and opaque process would be constructing a single family
dwelling and an ohana dwelling(as allowed by the current RS-20 zoning)and then renting them
out on a minimum of 31-day period. Along the way, a grading permit could be secured to
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 community.
Mr. Zendo Kern,Director
County of Hawaii Planning Department
Page 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`Uhi`ca forest canopy.
The project would essentially be comparable to a 6-bedroom Bed and Breakfast, with the
host/manager living in one of the units. As a"hosted" STVR, this would not require its
registration with the County Planning Department. However,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 'Ohi`a 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 1 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 level living area within Unit 1 to provide an on-site host that will
manage the STVR operations.
STVR Original Concept Revised Concept
Unit 1 3,060 square feet living 1 one story 13 bedroom 2,200 square feet living 1 two story 13 bedroom
(note: living unit on lower level for STVR host)
Unit 2 1,500 square feet living 1 one story 12 bedroom 700 square feet living 1 two story 12 bedroom
Unit 3 900 square feet living 1 one story 1 1 bedroom 700 square feet living 1 two story 1 1 bedroom
These smaller STVR units will allow the Applicants to strategically place each unit
amongst the existing `Ohi`a 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
County of Hawaii Planning Department
Page 5 of 6
September 14, 2021
Further in deference to the raised concerns regarding the 'Ohi'a trees and the spirit of
being neighborly, prior to submitting plans for Plan Approval, the Applicants would be willing to
consult with their immediate neighbors to help site the location of the structures.
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, guests'
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 concerns
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 dwelling and maybe an ohana dwelling, may have greater deleterious effects
upon the existing`Ohi`a tree 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 from 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 volumes 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 Hawaii Planning Department
Page 6 of 6
September 14, 2021
Finally, although this letter is directed to your office, a copy is being sent to all seven
public commenters. Should you have further questions or comments on this matter, please feel
free to forward them to me. Thank you very much.
Sincerely,
Daryn Arai
encls: Figures 1 and 2
copy wlencls: all 7 public commenters
copy wlencls via email: Mr. Raja Daggula
Mr. Sidney Fuke
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