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HomeMy WebLinkAboutPD Background Report - William Cox Morris (PL-REZ-2025-000083)BMORRISREZ.AUG_2025 COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT WILLIAM COX MORRIS CHANGE OF ZONE APPLICATION NO. PL-REZ-2025-000083 WILLIAM COX MORRIS has submitted an Application for a Change of Zone from a Single- Family Residential-20,000 square feet (RS-20) zoning district to a Village Commercial-20,000 square feet (CV-20) zoning district for a 25,111-square-foot portion of a 3-acre parcel of land. The subject property is located at 19-4046 Old Volcano Road, approximately 0.4 miles northeast of the intersection of Hawaiʻi Belt Road and Old Volcano Road, Por. Ōlaʻa Summer Lots, Puna, Hawai‘i, TMK: (3) 1-9-005:006 (por.). PROPOSED ACTION 1. Applicants’ Request: The applicant is requesting a change of zone for a 25,111 square foot portion of a 3-acre parcel from Residential – 20,000 square feet (RS-20) to Village Commercial – 20,000 square feet (CV-20). A tentative subdivision (PL-SUB-2023- 000138) has been approved to divide the 3-acre property into four (4) lots, with the rezoning applying only to the proposed Lot 2B-1. The remainder of the property will remain zoned RS-20. Requirements for establishing land uses in the CV zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5-122 of the Zoning Code. (Planning Department Exhibit 1 - Zoning Code Requirements for Village Commercial Districts) 2. Proposed Development: The proposed CV-20 parcel is intended for development of an approximately 1,275 square-foot café/deli building, with access from Old Volcano Road. Associated site improvements include five parking stalls (one designated for EV), a potable water tank, a catchment tank for fire suppression, and an individual wastewater system. The proposed hours of operation are 7:00 AM to 7:00 PM daily, with 3–5 employees anticipated. -2- 3. Construction Timetable and Cost: If the change of zone request is approved, the estimated construction cost is approximately $300,000, with completion targeted within two years of rezoning approval. 4. Landowner: Willaim Cox Morris 5. Supporting Information: The applicant has submitted the attached in support of the request. (Planning Department Exhibit 2 - Change of Zone Application accepted June 19, 2025) STATE & COUNTY PLANS 6. State Land Use District: Urban. 7. General Plan Land Use Pattern Allocation Guide (LUPAG) MAP: Low Density Urban (ldu). These areas include residential uses, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Medium Density Urban (mdu) is within 250 feet east of the subject property. 8. County Zoning: Currently Single-Family Residential-20,000 square feet (RS-20). 9. Puna Community Development Plan (CDP): The Puna Community Development Plan was adopted by the Hawaiʻi County Council by Ordinance No. 08-116 on September 10, 2008. 10. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The subject property is not located within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property comprises 3 acres at an elevation of approximately 3,700 feet in Volcano. The terrain is gently sloping but generally level across the site. The land was previously cleared for residential use and is now vacant of structures. 12. Surrounding Zoning/Land Uses: The subject parcel is zoned Residential – 20,000 square feet (RS-20). Adjacent parcels are also zoned RS-20 and are primarily developed with single-family dwellings, including the Volcano Forest Inn immediately east of the property. To the southwest, there are larger Agricultural (A-20a) parcels, while to the east, beginning approximately 300 feet from the subject site, are lands zoned Village Commercial – 10,000 -3- square feet (CV-10) and Village Commercial – 20,000 square feet (CV-20). Several of these nearby commercial properties were created through previous rezonings from residential to commercial under County Ordinances No. 95-124, No. 03-006, and No. 20- 021. Pursuant to Ordinance No. 24-87 and Section 25-2-42(c)(4) of Hawaiʻi County Code, a report on surrounding properties is attached to this document (Planning Department Exhibit 3). 13. Flood Insurance Rate Map (FIRM)/Drainage: The subject property is situated within Zone “X” on the Flood Insurance Rate Map (FIRM) by FEMA, an area determined to be an area of minimal flood hazard. 14. Flora/Fauna Resources: Vegetation on the project site includes ʻōhiʻa lehua (Metrosideros polymorpha), hāpuʻu tree ferns (Cibotium sp.), ginger (Hedychium gardnerianum), Sugi pine (Cryptomeria japonica), and various non-native grasses. No formal biological survey was conducted, but the suburban setting makes the presence of endangered species unlikely. However, native forest birds such as the ʻakiapōlāʻau (Hemignathus munroi), Hawaiʻi creeper (Oreomystis mana), Hawaiʻi ʻakepa (Loxops coccineus), and other species including ʻiʻiwi, ʻelepaio, ʻapapane, and ʻamakihi may occur in nearby forests. The pueo (Hawaiian owl) and nēnē (Hawaiian goose), as well as the Hawaiian hoary bat, may also utilize surrounding habitat. Potential impacts from development are considered low, but best management practices—such as timing vegetation removal outside of breeding seasons, avoiding barbed wire fencing, and preventing the spread of Rapid ʻŌhiʻa Death (ROD) through equipment sanitation—are recommended to minimize disturbance to sensitive species. 15. Archaeological/Cultural/Historical Resources: The project site was previously cleared for residential use and formerly contained a dwelling that no longer exists. A formal archaeological study has not been conducted, but the likelihood of encountering significant historic or cultural resources is considered low due to the property’s prior disturbance. The site is approximately 12 miles inland from the coastline, and there are no known historic sites, cultural resources, or evidence of traditional or customary Native Hawaiian practices on the property. The applicant has also indicated that any legitimate traditional gathering claims would be respected and accommodated. Staff notes that the project was submitted -4- to the State Historic Preservation Division (SHPD) for their Ch. 6E-42 review; SHPD has did respond saying that they have no objections to the project, however, they do request the opportunity to review any future permits involving ground disturbance associated with the development of the subject parcel. 16. Public Access: There is no designated public access to the mountains or the shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 17. Vehicular Access/Traffic: Vehicular access to the project site is provided directly from Old Volcano Road, a County-owned and maintained paved roadway. The property is located approximately 0.4 miles northeast of the intersection of Hawaiʻi Belt Road (Route 11) and Old Volcano Road in Volcano. No dedicated public roadways currently traverse the parcel; however, a new private roadway is proposed along the eastern boundary to serve the three (3) residential lots associated with the proposed subdivision. A Traffic Impact Analysis Report (TIAR) was not prepared for this project. Instead, the applicant referenced the modest scale of the proposed use, estimating approximately 12 peak-hour vehicle trips based on the Institute of Transportation Engineers Trip Generation Manual, 11th Edition. Due to the limited size of the proposed café/deli and its daily operations, traffic impacts would be negligible and no additional roadway improvements would be required beyond the driveway connection to Old Volcano Road. Staff notes that no comments related to traffic or road access were received by the Planning Department. 18. Water: The Department of Water Supply (DWS) confirmed that there is no County water service available to the subject property and stated that DWS “could not give a favorable recommendation for this change of zone application”. To provide potable water, the applicant proposes to install a dedicated potable water storage tank on site, which will be filled by trucking in water for use by the café/deli. A second water catchment tank is planned specifically for fire suppression purposes. The potable tank will supply daily operational needs, while the catchment system will satisfy fire protection requirements under County and Department of Health and County Fire Department standards. Given the modest scale of the proposed 1,275-square-foot café/deli, total water demand is expected to be limited. DWS consultation confirmed that, since public water service is unavailable, -5- the applicant will be fully responsible for developing and maintaining this private water system. Pursuant to Hawaii County Code (HCC) Ch. 25-2-46(n) in order to facilitate the development of village centers in rural areas that are not currently served by a public water system, the council may waive the water supply requirements for zoning amendments for commercial or light industrial uses in areas that do not currently have a public water system, and where the department of water supply has no plans to build a public water system, and which are (1) designated as an “urban and rural center” or “industrial area” on table 14-5 of the general plan and (2) designated for urban use on the land use pattern allocation guide map of the general plan; provided that conditions of zoning shall require water supply consistent with public health and safety needs such as sanitation and fire- fighting. 19. Wastewater: Wastewater from the proposed café/deli will be managed through an Individual Wastewater System (IWS) approved by the Hawaiʻi Department of Health. The system will be designed to accommodate the wastewater flow generated by food service activities and restroom facilities associated with the approximately 1,275-square-foot commercial use. Since there is no public wastewater infrastructure available in the area, the IWS will be the sole method of wastewater treatment and disposal for the site. 20. Solid Waste: According to the applicant, solid waste will be handled through commercial haulers into authorized landfill sites. 21. Essential Utilities and Services: Police, Fire and medical services are available nearby in Volcano. Electrical and telephone services are available to the site. AGENCY COMMENTS 22. Department of Water Supply: (Planning Department Exhibit 4 – July 31, 2025, memo) 23. State Historic Preservation Division (SHPD): (Planning Department Exhibit 5 – July 25, 2025, Letter) 24. Hawaii County Police: (Planning Department Exhibit 6 – July 16, 2025, memo) 25. State Department of Health (Planning Department Exhibit 7 – July 3, 2025, memo) AGENCIES – NO COMMENT/CONCERNS 26. Real Property Tax (RPT) -6- AGENCIES – NO RESPONSE 27. Department of Public Works-ENG, Department of Environmental Management, OHCD, State Dept. of Transportation, Fire Department, State Department of Land and Natural Resources (DOFAW/ENG), Volcano Community Assoc. PUBLIC COMMENTS 28. As of the date of this writing, the Planning Department has received no public comments on this application. ZONING §25-5-115Section 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, RMor RCX district. Where the side yard adjoins the side yard of a building site inan RS, RD, RM or RCX district, there shall be a side yard which conforms tothe 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 accessdrives and walkways, and except for the construction of one single-family dwellingand accessory buildings per lot.(b)Where any required side or rear yard in the CG district adjoins a building site in anRS, RD, RM or RCX district, the side or rear yard shall be landscaped with ascreening hedge not less than forty-two inches in height, within five feet of theproperty line, except for necessary drives and walkways, and except for theconstruction 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 existingstructures in the CG district, except for construction of one single-family dwellingand any accessory buildings per lot.(b)Exceptions to the regulations for the CG district regarding heights, building siteareas, building site average widths and yards, may be approved by the commissionwithin 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.) 25-107 §25-5-121 HAWAI'I 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)Apiaries.(4)Art galleries, museums.(5)Automobile sales and rentals.(6)Automobile service stations.(7)Bars.(8)Bed and breakfast establishments, as permitted under section 25-4-7.(9)Boarding facilities, rooming, or lodging houses, provided that the maximumdensity shall be one thousand two hundred fifty square feet of land area perrentable unit or dwelling unit.(10)Business services.(11)Cemeteries and mausoleums, as permitted under chapter 6, article 1 of thisCode.(12)Churches, temples and synagogues.(13)Commercial parking lots and garages.(14)Community buildings, as permitted under section 25-4-11.(15)Convenience stores.(16)Crematoriums, funeral homes, funeral services, and mortuaries.(17)Crop production.(18)Day care centers.(19)Dwellings, double-family or duplex, provided that the maximum density shallbe one thousand two hundred fifty square feet of land area per rentable unit ordwelling unit.(20)Dwellings, multiple-family, provided that the maximum density shall be onethousand two hundred fifty square feet of land area per rentable unit ordwelling unit.(21)Dwellings, single-family.(22)Family child care homes.(23)Farmers markets. When the vending activity in a farmers market involvesmore than just the sale of local fresh and/or raw produce, plant life, fish andlocal homegrown and homemade products for more than two days a week, thedirector, at the time of plan approval, shall restrict the hours of use,maintenance and operations and may require improvements as determinedappropriate to ensure its compatibility with the existing character of thesurrounding area.(24)Financial institutions.SUPP. 17 (1-2025) 25-108 ZONING §25-5-122(25)Group living facilities.(26)Home occupations, as permitted under section 25-4-13.(27)Hospitals, sanitariums, old age, convalescent, nursing and rest homes.(28)Hotels, when the design and use conform to the character of the area, asapproved by the director.(29)Laboratories, medical and research.(30)Lodges.(31)Manufacturing, processing and packaging light and general, except forconcrete or asphalt products, where the products are distributed to retailestablishments located in the immediate community, as approved by thedirector.(32)Medical clinics.(33)Meeting facilities.(34)Model homes, as permitted under section 25-4-8.(35)Neighborhood parks, playgrounds, tennis courts, swimming pools, and similarneighborhood recreational areas and uses.(36)Offices.(37)Personal services.(38)Photography studios.(39)Public uses and structures, as permitted under section 25-4-11.( 40)Publishing plants for newspapers, books and magazines, printing shops,cartographing, and duplicating processes such as blueprinting or photostatingshops, which are designed to primarily serve the local area.(41)Repair establishments, major, when there are not more than five employees,as approved by the director.(42)Repair establishments, minor.( 43)Restaurants.( 44)Retail establishments.( 45)Schools.( 46)Short-term vacation rentals.( 4 7) Telecommunication antennas and towers, as permitted under section 25-4-12.( 48)Temporary real estate offices, as permitted under section 25-4-8.( 49)Theaters.(50)Utility substations, as permitted under section 25-4-11.(b)In addition to those uses permitted under subsection (a) above, the following usesmay be permitted in the CV district, provided that a use permit is issued for eachuse:(1)Golf courses and related golf course uses, including golf driving ranges, golfmaintenance buildings and golf club houses, provided that the property iswithin the state land use urban or rural district. Golf courses and golf drivingranges shall not be permitted within the state land use agricultural districtunless approved by the County before July 1, 2005.(2)Major outdoor amusement and recreation facilities.(3)Yacht harbors and boating facilities.25-109 UNOFFICIAL ADVANCE SHEET-Updated on July 7, 2025. Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026). §25-5-122 HAWAI'I COUNTY CODE (c)Residential uses in connection with the operation of any permitted uses shall bepermitted in the CV district.(d)Buildings and uses similar to the permitted uses listed in subsection (a) above shallbe permitted in the CV district, as approved by the director.(e)Buildings and uses normally considered accessory to the uses permitted in thissection 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; am 2024, ord24-65, secs 7 and 10; am 2025, ord 25-55, 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, RMor RCX district. Where the side yard adjoins the side yard of a building site inan RS, RD, RM or RCX district, there shall be a side yard which conforms tothe 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 accessdrives and walkways, and except for the construction of one single-family dwellingand accessory buildings per lot.(b)Where any required side or rear yard in the CV district adjoins a building site in anRS, RD, RM or RCX district, the side or rear yard shall be landscaped with ascreening hedge not less than forty-two inches in height, within five feet of theproperty line, except for necessary drives and walkways, and except for theconstruction 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.) 25-110 UNOFFICIAL ADVANCE SHEET-Updated on July 7, 2025. Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026). ZONING §25-5-128Section 25-5-128. Other regulations. (a)Plan approval shall be required for all new structures and additions to existingstructures in the CV district, except for construction of one single-family dwellingand any accessory buildings per lot.(b)Exceptions to the regulations for the CV district regarding heights, building siteareas, building site average widths and yards, may be approved by the commissionwithin 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 ofMCX 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)Apiaries.(4)Art galleries, museums.(5)Art studios.(6)Automobile sales and rentals.(7)Automobile service stations.(8)Bars, nightclubs and cabarets.(9)Broadcasting stations.(10)Business services.(11)Car washing.(12)Catering establishments.(13)Cemeteries and mausoleums, as permitted under chapter 6, article 1 of thisCode.(14)Churches, temples and synagogues.25-111 SUPP. 17 (1-2025) LAND'••-; .. PLANNING. HAWAII LLC Mr. Jeffrey Darrow, Director Planning Department COUNTY OF HAW All IO I Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: June 19, 2025 Subject: Submission of Change of Zone Application Applicant: William Morris 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Ola'a, Volcano, Puna, Hawaii, TMK: (3) 1-9-005:006 (por.) Transmitted here for your review and processing is the submittal of an application requesting a change of zone from the Residential -20,000 square foot (RS-20) district to the Village Commercial -20,000 square foot (CV-20) district for a 25, I I I-square foot portion of the subject 3-acre parcel. The parcel is located at 19-4046 Old Volcano Road, approximately 0.4 miles northeast of the intersection of Hawaii Belt Road and Old Volcano Road in Volcano, Hawaii. If approved, the landowner intends to proceed with a four ( 4 )-lot subdivision which will separate out the CV-20 zoned portion of the property as its own TMK parcel and utilize that parcel to develop a small cafe/deli. The remainder of the 3-acre parcel will remain in its current RS-20 zonmg. This electronic transmittal includes a) the application package including the application fonn, departmental questionnaire, background and environmental report and the rezone exhibit map; b) the written metes and bounds description of the area of the proposed rezoning; c) a letter of authorization allowing our office to file the application on the landowner's and applicant's behalf; and d) a list of surrounding property owners within one thousand (500) feet of the subject parcel. Further, payment for the County filing fee will be paid via electronic check upon submittal of the application. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, o!P--- JOHNPIPAN Planning Administrator Zoho Sign Document ID: 2A6681DB-CDGDIQ55F5L-MWQAKP-IQG6T18C5JYPCDEOOFF42RPI CHANGE OF ZONE APPLICATION COUNTY OF HAW AI'I PLANNING COMMISSION (Type or legibly prin t the requested information) APPLICANT(S): William Cox Morris APPLICANT'S SIGNATURE: 7)/� � �: Jun 18 202513:02 PDT ADDRESS: 577 Kawailoa Road, Apt. A, Kailua, HI 96734 LIST APPLICANT'S INTEREST (if not owner): ___________________ _ PHONE: (Bus.) _____ (Res.) 8 08-30 6-5619 (Email) accessible.homes.hawaii@gmail.com REQUEST: ______ R _S-_2_0 _____ TO _______ C_V_-_2_0 _____ _(Existing Zoning) (Proposed Zoning) TAX MAP KEY(S): _(�3)�1_-9_-_00_5_:0_0 _6 ___________________ _ SIZEOF PROPERTYORAFFECTEDAREA(S)TO BE REZONED: 25,11 lsfportion of 3 acre parcel LANDOWNER(S): William Cox Morris FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): ______________________________ DATE�: ____ _ w� � � DATE: Jun 18 2025 13:02 �-----=---�--------------------- AGENT: John Pipan -Land Planning Hawaii LLC AGENT ADDRESS: 194 Wiwoole St, Hilo, HI 96720 D n T PHONE: (Bus.) 8 08-333-3393 (Res.) ________ (Email) info@landplanninghawaii.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant-=--------------- ATTACHMENT Comm erc.:a], RM , Resort, & :hdustr:::al 1, PLANNJNG DEPARTMENT COUNTY OF HAW All APPLX::ATDN FOR CHANGE OF ZONE jfyour:requestis approved,do you ntend tD subd±r±l.e the sub:¢ct:snd n accordance w .:ilh the approved change ofzone? IEyes, p:ease answerthe :restofquestbn Iand then tD questi:m 3. a. b. C. How many acres of the requested area do you ntend tD subd±r±l.e? :htD whatbtsjzes? jfyour:requestis approved, approxm ate]¥ how bng afl:Erthe date ofapprovaldo you expecttD subm .:it yoursubd±ris.:bn p13.ns tD the P 13.nnng Department :lbrp:relin nary approval! IEyou ntend tD subd±r±l.e, pEase subm .:ita p:relin nary schem att subd±r.i3.:bn p13.n tDgetherw .:ilh yourchange of zone appJratbn :lb:rrn . 2.IEyou nave no furn p13.ns ofsubd±r±l.ng the sub:¢cta:rea,do you ntend tD: a.S eJlor Ease the 13.nd tD someone who has furnp13.ns? b.SeJlorEase the 13.nd tD someone who has tentatirep13.ns? C.S eJlor Ease the 13.nd tD someone who has no p13.ns? d_ Keep .:it? e.other (p:ease state)Yes 3 acres 20,000+ sf Subdivision application has already been submitted (PL-SUB-2023-000138) f.Ifyou ntEnd tD do e.:ithera,b,orc,pl2ase ell.boratE on ihe knd ofpll.ns ihe oiherparty has. P l2ase, a}:;o,:ncll.de n youranswerapproxm atE}j how soon afl:Erapprovalofyour:rezonng do you expecttD trans:lerihesub:¢ctll.nd tD anoiherparty. 3.W hatspedfc bulling pll.ns do you have orihe sub�ctll.nd?:hcllde il your answ erihe f)Jbw ilg: type ofbulliilg(apartrn ent, offce, ll.unde:ret:te, etc.); fnancng anangem ent; tin etab:12 orconstructbn; and any oiher no:rrn atbn w hi;h you:leelm .:ghthe:P us n evall.athg your request The applicant plans to construct an approximately 1,275sf cafe/deli. He anticipates completing construction within 3 years. 4.Have you peoo:rrn ed any study whi;h w oulJ. dem onstratE a need oryourproposed bulling and/ordevebpm ent? jfso, pl2ase ell.boratE on yourfnd:ngs :n ihe space prov±l.edbebw. Please refer to environmental report. -2- Yes 5.Have you per:lb:rrn ed any study wh.rh discusses theenvIDnm entalin pacts yourrequestwoul:l. nave on thesunoundng area and/or the County? Ifso, pEase ell.bora.tE on yourfindngs n the spaceprovil.ed bebw. Please refer to environmental report. 6.Are there any buill.ngs on the sub�ctarea? Jfso, whatldnd? w hatdo you iltEnd tD do w .:ith those buill.ngs jfyour request is approved? Is the sub�ct:and currently beng used :!or any agri::uJb.nalactir.:ity? jfso, pEase Jistthe knds ofproducts grown on and how many square :feetorac:res ofll.nd perpmduct? -3-Yes No No 8.To yourknow:edge,has there been any fbodng and/ordranage prob:em on the sub:¢cta:rea? Ifso, p:ease descrbe the prob:em . 9.Do you thilk 1hat1he roads :eadilg tD the sub:¢cta:reaneeds ID provem ent? Ifso, whatkild? Is the road adequatE :lbrthe proposed traffc voll.m e or bad? 10.W hatsortofgovemm entalassistance and,6r ID provem entsdo you :leelw filbe needed n the sub:¢cta:rea whendevebped? a. b. d. e. f. g. h. i yes Schools Roads Sewer Drailage P oJre P rotEctbn Fj:re P rotEctbn Rec:reatbnalFacilites R ec:rea tbnalF acilites 0 ther -4-No No Yes NO X X X X X X X X Forihose checked ''yes,"pEase ell.borate what-type orkilds of in provem ents and/or assistance are needed. 11. Have you per:lo:rrn ed any h.i3tDr:i:; s.:iles study and;br survey ofihe sub�ctarea? Ifso,whatwere ihe resuh? PEase,also,subm .ta copy ofihe study tDgeiherw .fu ihis change of zone suppment No, please see environmental report for additional information. 6338A/50A P.D.5;84 S .:gna ture : Address: TeEphone: Date: -5-194 Wiwoole St, Hilo, HI 96720 808-333-33936/18/2025 Hawaii L.P.L.S. # 8094 Maine L.P.L.S. #1228 Email: epare3906@gmail.com L.Edward PareLand Surveyor P.O. Box 1086 Naalehu, HI 96772 808 443 1174 DESCRIPTION OF LOT 2B-1 Maine Office: 12 Mclnnis Road Hancock, ME 04640 207 422 3906 June 6, 2025 All of that certain piece or parcel of land situated on the northwesterly side of Old Volcano Road at Olaa, in the District of Puna in the County and State of Hawaii, being a portion of Lot 2B of Block A of Olaa Summer Lots, Reg. Map 2411 & HTS Plat 859, said parcel more particularly described as follows: Beginning at the westerly comer of this parcel of land on the northeasterly bound of Lot 2A, the coordinates of said point of beginning being referred to Government Survey Triangulation Station "KULANI" being 33,848.30 Ft. South and 21,155.25 Ft. East, and thence running by azimuths measured clockwise from True South: 1. 2. 3. 4. 5. 6. 239° 31' 00" 284° 31' 01" 329° 31' 01" 50° 08' 00" 149° 31' 00" 132.30 21.21 143.64 149.29 182.98 feet, by a line of division through said Lot 2B, to a point; Thence, by a line of division through said Lot 2B, along a curve to the right having a radius of 15.00 feet, the following chord azimuth & distance; feet, to a point; feet, by a line of division through said Lot 2B, to a point on the northwesterly side of Old Volcano Road ; feet, along the northwesterly sideline of Old Volcano Road, to a point at the easterly comer of said Lot 2; feet, along the northeasterly bound of said Lot 2A, to the point of beginning and containing an area of 25,111 square feet. By L. Edward Pare Licensed Professional Land Surveyor License No. 8094 License expires April 30, 2026 Parcelld OwnerName 110050380000 HOLOKILA LLC 110040370000 W H SHIPMAN LTD 190050380000 KANEMITSU,MARGIE H 190050380000 MURAKAMl,ROSS R 190050380000 MURAKAMl,BRITT M 190050230000 US POSTAL SERVICE 190050240000 THE VOLCANO TEAPOT LLC 190050160000 SIMMONS,ABBY A/SARAH A TR 190050220000 VARIOUS OWNERS 190050050000 MACCARLEY,KU RT 190050060000 MORRIS,WILLIAM COX 190050070000 CHUN,MARK C 190050070000 CHUN,MITCHELL A 190050070000 CHUN,NORMAN S 190050080000 MINTAKA TR 190050080000 ENGLISH,OLIVER C 190050080000 SIMMONS,MARTHA LYNN ENGLISH TR 190050080000 MAGLOTHIN,JAMES A JR/PATRICIA D TR 190050080000 THOMPSON,SUSAN E 190050080000 ENGLISH,CHRISTOPHER S 190050130000 BORNICK,GEMMA CLAIRE LEWIS 190050130000 BORNICK,STEPHEN J 190050390000 CORREA,HANK REALTY LLC PSP 190050150000 HUGHES,SUSAN P TR 190050340000 LIU,CHRISTINA FUFANG 190050020000 ONOUYE,RONALD T 190050020000 ONOUYE,MARIE S 190050040000 TYLER,KAREN I TR l.9005E+ll CORREA,HANK REALTY LLC PSP 190050140000 TERKLA,MICHAEL GABRIEL 190050140000 TERKLA,KELLEE SHERELL LIST OF SURROUNDING PROPERTY OWNERS WITHIN FIVE HUNDRED (500) FEET OF TMK (3): 1-9-005:006 OwnerAddressl OwnerAddress2 240 WAILUPE CIR OwnerCityStZip HONOLULU HI 96821 1523 16-127 LAPAAU RD KEAAU HI 96749 8166 709 KUKUAU ST HILO HI 96720 0000 PO BOX 30888 HONOLULU HI 96820 0888 PO BOX 511 VOLCANO HI 96785 0000 PO BOX 7210 HILO HI 96720 8941 4470 W SUNSET BLVD STE 794 LOS ANGELES CA 90027 6068 577 KAWAI LOA RD APT A KAI LUA HI 96734 3180 PO BOX 246 KAILUA HI 96734 0246 ATTN RONALD KEITH MAG LOTH IN TRS PO BOX 175 PO BOX 84 PO BOX 515 VOLCANO HI 96785 0175 VOLCANO HI 96785 0084 VOLCANO HI 96785 0515 3726 WESTOVER BLVD CENTRAL POINT OR 97502 1347 630 KILAUEA AVE STE 101 HILO HI 96720 4243 PO BOX 91 VOLCANO HI 96785 0091 PO BOX 10512 HILO HI 96721 5512 PO BOX 307 VOLCANO HI 96785 PO BOX 243 VOLCANO HI 96785 0243 630 KILAUEA AVE STE 101 HILO HI 96720 PO BOX 334 VOLCANO HI 96785 0334 190050350000 ORCHID GEM VILLAS LTD 190050360000 MORGAN,LUCAS PAUL KAWIKA 190050360000 MORGAN,NANI LOUI 190050370000 LIU,KEAWE LANAKILA 126 KAIOLENA DR 609 KUMUKAHI PL 3900 ESKEW DR KAILUA HI 96734 HONOLULU HI 96825 1116 AUSTIN TX 78749 3260 Contents I.INTRODUCTION .................................................................................................................. 4 II.PROJECT LOCATION ........................................................................................................... 4 III.PROJECT DESCRIPTION ................................................................................................. 4 A Project Concept and Components ....................................................................................... 4 B.Project Timetable and Cost ................................................................................................. 4 IV INSTITUTIONAL CONSIDERATIONS ........................................................................... 9 A State Land Use ................................................................................................................ 9 B.County General Plan ....................................................................................................... 9 C.Puna Community Development Plan ............................................................................ 12 D.County Zoning .............................................................................................................. 13 E.Relationship to SMA Objectives and Policies .............................................................. 15 F.Other Permitting Requirements .................................................................................... 18 V ENVIRONMENTAL CONSIDERATIONS ......................................................................... 18 A General Description ......................................................................................................... 18 B.Soils and Topography ....................................................................................................... 18 C.Natural Hazards ................................................................................................................ 19 D.Flora/Fauna ....................................................................................................................... 19 E.Historic/Cultural/ Archaeological Resources ..................................................................... 21 F.Valued Cultural Resources ................................................................................................ 21 G.Water and Coastal Resources ............................................................................................ 22 H.Noise, Air Quality, and Dust ............................................................................................. 22 I.Scenic and Visual Considerations ..................................................................................... 23 VI.SOCIAL AND RELATED CONSIDERATIONS ............................................................. 23 A Surrounding Land Uses ................................................................................................. 23 B.Economic Impacts ......................................................................................................... 23 C.Agricultural Impacts ..................................................................................................... 24 VII.INFRASTRUCTURAL CONSIDERATIONS ................................................................. 24 A Road .............................................................................................................................. 24 B.Water ............................................................................................................................. 24 2 C.Wastewater .................................................................................................................... 24 D.Solid Waste ................................................................................................................... 25 E.Other Government Services .......................................................................................... 25 F. Other Utilities ................................................................................................................ 25 VIII.IMPACT SIGNIFICANCE ANALYSIS ........................................................................... 25 A Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity ................................................................................ 25 B.Irreversible and Irretrievable Commitment of Resources ............................................. 25 C.Mitigative Measures ...................................................................................................... 26 D.Alternatives to the Proposed Project.. ........................................................................... 26 IX.REGULATORY ANALYSIS ............................................................................................ 27 A General Plan LUPAG Map ........................................................................................... 27 B.General Plan Polices ......................................................................................................... 27 C.Puna Community Development Plan ................................................................................ 30 D.Zoning and Subdivision .................................................................................................... 30 E.State Land Use Agricultural Standards ............................................................................. 31 X.CONCLUSION ................................................................................................................. 31 Figures 1. Location Map ............................................................................................................. 5 2.Tentative Subdivision Map ........................................................................................ 6 3. Rezone Exhibit Map .................................................................................................. 7 4. Conceptual Site Plan .................................................................................................. 8 5. State Land Use Map ................................................................................................... 10 6. Zoning Map ................................................................................................................ 14 7. 1954 Aerial Photo ...................................................................................................... 16 8. Flood Hazard Assessment Map ................................................................................. 20 Exhibits A. General Plan LUPAG Map Determination 3 I.INTRODUCTION William Morris ("applicant") is requesting to rezone a 25,111 square foot portion of the3-acre parcel identified by Tax Map Key (3) 1-9-005:006 from Residential -20,000 square feet (RS-20) to Village Commercial -20,000 square feet (CV-20). The property islocated at 19-4046 Old Volcano Road, approximately 0.4 miles northeast of theintersection of Hawaii Belt Road and Old Volcano Road in Volcano, Hawaii (Figure 1 ).Subdivision Application No. PL-SUB-2023-000138, proposing to subdivide the subjectparcel into four ( 4) lots, is currently pending and has received tentative approval from the County Planning Department (Figure 2). This rezone request pertains only lot 2B-l, as proposed under PL-SUB-2023-000138 and referred to herein as the "project area"(Figure 3). If approved, the applicant intends to construct a cafe/deli the proposed CV-20zonmg. II.PROJECT LOCATION As noted earlier, the subject property is located at 19-4046 Old Volcano Road,approximately 0.4 miles northeast of the intersection of Hawaii Belt Road and OldVolcano Road in Volcano, Hawaii (Figure 1 ). III.PROJECT DESCRIPTION 4 A.Project Concept and Components The applicant is requesting to rezone a 25,111 square foot portion of the subject3-acre parcel from RS-20 to CV-20. The applicant intends to subdivide the parcelin accordance with a tentatively approved subdivision map. The project area is identified as proposed Lot 2B-l on the preliminary subdivision map. Theapplicant intends for remainder of the parcel to retain its current RS-20 zoning. The applicant proposes to rezone the project area from RS-20 to CV-20 in order to construct and operate a cafe and deli on it. The project would involve the development of the approximately 1,275 square foot cafe/deli, a driveway accessible from Old Volcano Road, 5 parking spaces, a potable water tank, a catchment tank reserved for fire suppression water and an Individual Wastewater System. The conceptual site plan is attached as Figure 4. The applicant anticipates that the cafe/deli will employ a staff of 3-5 people and the hours of operation will be from 7:00 AM to 7:00 PM daily. B.Project Timetable and Cost The applicant hopes to secure County rezoning approval as soon as possible. He plans to complete the subdivision and construction of the cafe/deli within 2 years r , ,, ., 'l�·-· ··-('1? _, .. c��·�\�/=•_.� t}EJ,,,. ...,"'. �R.9 1'97!i ,.��•.\l ,, .-,.'< t!, � l ,/;J 1�:,�'; ¥-1181)11 ""'''"" J;F.!'. 41f4,' N:.B J i I�• -� ,�'.: . Ol2 ·. '� ,;1,111 a1� -l I0 I : !\ 11QI I I Ii �I I '"f•'�II .: §I 1\,1 )t1••ti 1�"<1:;I ·I I· �! �I .?:1 �� ;._ :t.1� q, � () 1\JL)QIJIJ N 0 :;: "' VJ \1 hi i'� (") L, \jj "" tJ Cr, \j 0 ); C 1 !> 05 �-11 PLAT I I � 0� PLAT 08 ,,,_ e r•= � ,,,,.. N. M:;:.,, J, / .,@ If•"?, ,,; Ma*'>�•� ✓-'1"•1,,. • .e. • 71 ,,.,, c.,,.,.,,,,�•''"�¼ . : I •i � 4:t.ooo.,& '!! ,._4,s� ";;:::..:r-.. ;7e-.--�� ;-,/" fl; � I ---w &r!nl 'LJ .$71� 111,7.iJS o/6 ,,,_,,_/ ,4, e>ey•,-.' ..,F S,1,,,1,y A .,. � .,.,_s,,f/# Marq.Rr·ef H. l<:8i l:'.� L <) ' :. }<. C,1,../!t:.l!J•�,.,1_;; ✓•y #-VE .,1.1,,,� � --. � :.f:'ll> -?dr-­@iJ>� � � � KILALJE. .-A L<-'c;,"/e, M. vllld• 'Trr,•f 1.e10 A0 \ /.de>e> Ao /.C>e>O-"le. �\ �­,- j', i� ',,,___ __ _!�-t!,-"'!;";,,�.,;,.,;,--- o·· � �J,,.D,f,; ------�\ t! '. I Gr.an/ 5�4.5 � o I� 1.000 Ae. ' .L. ······�- 10 �---------' St.sfe of H,1.-.,4;; {�o/c;;no Ar-tC.e.n+e.-)lc S-5523 7.+,, � •. I,) ®[o ), CJ Millr'f•r�f C. En9fish t C ld<'n S. £n�f,'sh - r/,: 5-!!IG ac.s, �r.,,nl e.'73"�_/;';��';;;'.·,.,��i,..., �,-..,C: or .. nl- s.�t:,.A;"s. /:":") 12 0 .,D.. D . ,, ____ IP. �1 ,.,. le:l'·�I- c.Hol-,' {#r.�® J,_,_.,t:'S �- e,.,_,,,;., • J-,'­e!,'��bt:"f>, �. • �, A/j;7' �o,e �-',$ o\-1!!.""-,..+ , ! -4-:S��-�., •1 o"!,q . :I Je,-n, •w /Sr.1nl �•!I e.0041<:J: I ,,'� e• ., ;�J'; 'i'e � �--. ,.,,,r,...,tr. oi '" .... �- La I•� J,._..,e.; L.� .. i;' (N�­,.,,o,�� <!I ·r/1' ,,,e.e1� �74,4-C .--_ 40 � -- ® "�•.:;:·� .. /• < _ ... , ,... - ,.. •• M I '""' ,,.,,,. ,,i ©,.,,, .... , , ,_�'._Aes ,.. ,, r.oAO>on?, 0'._.. � s o,o 0 i5 ''if/� ,l,l .. T/C - ;':-1':::'II:,, 0805 ,,c t#.slen L�,..,.;in)A/s ©l"'£,,2 (;,r.an} Si.�7 Gr.,,nl �t,;.'11� G.-,tnl- 5G�!:' --'-ce>Acs. , :;;i.�:.t-,( -r_g;---ilw,, ft 111• �:� l_, 4 /,c,c,,· '� t..i - ·,µ. _,..,$,,, c-._,,,,,,__ -�,.� -----------_.k..·: t: \ ---'"· �l!c.,r10N SUBJECT PROPERTY �,4 � ?�-"� ---� IX' '(\ ,!;;' "1/' ;�·7KEAt<eALA'j_l j 5cH001.. 1..or I � �•«-;ol Ne ,c,c ¼1 I I I I I �-; ro ,._,,,.,D ,;;---- \ , THIRD DIVl.:SION ZONE I SE.C· I PLAT 9 105 CO�ffAINING PARCELS Por- OLAA,5UMMER LOT5, PUNA, HAWAII \1 ·,v.-1.vctl-'.':!.'Ft-r n./f',,.! ru L'h-1 \,. SCALE.: lin-=100 ft .. PRINTED•------ FIGURE 1 Prep<1red F<1r Owner K<1 Ohu Nani Gr<1up LLC 577-A K<1w<1il<1<1 R<1<1d Kailua, HI 9673+ 40,+99 Sq. Ft. 25,111 Sq. Ft. Project II .................. �V100822 ����: (jf"i'...:!:i'...:QJ()5�o006 lO, 2023 Property Zoning: RS-20 --, ;o C r'1 z 0 ;o --, I NOTES 300 liiiil Scale 300 600 Feet 1) Names of owners of abutting parcels are from available Tax Map records. 2)Azimuths and coordinates are referred to Government Survey Triangulation Station "KULANI". 3) Subject parcel located in Zone "X" per FIRM 1557661400F. Easement Notes: 1) Easement "R-7" for access and utility purposes affecting Lot Lot 2B-3 in favor of Lot 2B-4. 2) Easement "R-2" for access and utility purposes affecting Lot 2B-4 in favor of Lot 2B-3. PROPOSED REZONE: Lot 2B: 3.001 Acres Existing: 3.001 Acres Zone RS-20 Proposed: 25,111 Sq. Ft. Rezone From RS-20 to CV-20 Prepared For Owner William Cox Morris, 577 Kowailoo Rd, Apt A Koilua, HI 967 34-3180 Lot 2A Mark Chun Mitchell Chun Norman Chun (Owners) TMK: 1-9-005:007 REZONE SITE \ \ \ \ \ \ \ 33848.30 Ft. South 21155.25 Ft. East Remainder of LOT 2B William Cox Morris (Owner) TMK: 1-9-005:006 � L. Edward Pare Licensed Professionol Land Surveyor #8094 P.O. Box 1086 MAP SHOWING PORTION OF LOT 2B OF BLOCK A OF REG. MAP 2411 & HTS PLAT PLAN OF LOT 2B-1 OLAA SUMMER 859 LOTS Naalehu, HI 96772 808 443 1174 E Par e3906@g mai I.com AT OLAA IN THE DISTRICT OF PUNA COUNTY & ISLAND OF HAWAII, STATE OF FIGURE 3 HAWAII Lot 3 Kurt MacCarley (Owner) TMK: 1-9-005:005 PROPOSED LOT 2B-1 (Portion of Lot 2B) 25,111 Sq. Ft. c; �'.l-­,� ,,/ \ \ \ \ "?--'v �o ()() �o v "?-- --:v"> 0 � o 'v L. Edward· Pare \ \ � l/l () 0 Cb � ..--, ;o C :, r'1 () z :,- 0 ;o II --, "'I 0 ., Cb Cb Licensed Professional Land Surveyor Hawaii State Certificate # LS-8094 Expiration Date: April 30, 2026 Project # .................. MV060625 Dale: .... .. ...... June 6, 2025 TMK: (3) 1-9-005:006 Property Zoning: RS-20 JO liiiil Scale 0 JO 60 Feet I I I I I OWNER WILLIAM MORRIS COX TMK (3) 1-9-005 006 ADRESS 19-4046 OLD VOLCANO ROAD OLM SUMMER LOTS ZONE CV SETBACKS FRONT/REAR/SIDES= 15' / / PARKING 1 STALL/300 SF (CV-COMMERICAL USE) 1275 SF/300 = 5 STALLS (1 EV) f---_ �R�V�D (D SITE PLAN -R11" = 20'-0" OLD VOLCANO ROAD A-2 OCCUPANCY - 875 SF CONSTRUCTION TYPE VB N/S ALLOW AREA - 5500 SF (@VB A2) - OK EXT WALL RATING -OHR (>10' PL) PROT OPENG -N/A (>25' PL/BLDG) EST OCCUPANT LOAD - 125 REQ FIXTURES -2M/2F/2L/1 DF/1 SS FIGURE 4 SCEHM SITE PL STUDY 1 COFFEE/DELI - MORRIS SD SP 1 Scale 1" = 20'-0" of the rezone approval. The estimated cost of the proposed commercial development is $300,000. IV.INSTITUTIONAL CONSIDERATIONS 9 A.State Land Use The subject site is designated as State Land Use Urban (Figure 5). The proposedzoning would comply with the State Land Use designation of the parcel. TheCounty of Hawai' i can process the rezoning request. B.County General Plan In 2022, the County Planning Director issued a letter detennining that the CountyGeneral Plan Land Use Pattern Allocation Guide ("LUP AG") map designation ofthe parcel is Medium Density Urban due to its proximity to higher density commercial and residential areas (Exhibit A). Medium Density Urban providesfor village and neighborhood commercial and single family and multiple familyresidential and related functions. This is consistent with the requested CV-20zoning for the project area. Thus, the requested CV-20 zoning would be consistent with the property's LUPAG designation and no General Plan amendment would be required toeffectuate this project. A discussion of the project's consistency with specific relevant goals, policies and standards of the General Plan follows: 2.2 Goals•Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural andsocial environments;•Economic development and improvements shall be in balance with thephysical, social, and cultural environments of the Island of Hawai 'i.•Provide an economic environment that allows new, expanded, orimproved economic opportunities that are compatible with the County'scultural, natural, and social environment. 4.2 Goals •Define the most desirable use of land within the County that achieves anecological balance providing residents and visitors the quality of life andan environment in which the natural resources of the island are viable andsustainable. State Land Use Classifications (SLU): TMK (3) 1-9-005: 006 4/11/2025, 11 :48:31 AM State Land Use Classifications (SLU) D Parcels (current boundary lines) Agricultural Urban Street Centerlines D Hawaii County District Boundary PROJECT AREA FIGURE 5 \,.\( ''\_ ·,""'· 0 0 0.03 0.04 1:2,257 0.05 0.08 0.1 mi 0.16 km Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census Bureau, USDA, USFWS, County of Hawaii IT Department, Sources: Esri, Maxar, Airbus OS, USGS, Web App Builder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. 11 14.1.2 Goals •Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of theCounty. 14.1.3 Policies •Zone urban-types of uses in areas with ease of access to communityservices and employment centers and with adequate public utilities andfacilities.•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 theneeds of its residents in balance with the physical and social environment.•Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattereddevelopment. 14.1.4 Standards •Zoning requests shall be reviewed with respect to General Plandesignation, district goals, regional plans, State Land Use District,compatibility with adjacent zoned uses, availability of public services andutilities, access, and public need. 14.3.2 Goals •Provide for commercial developments that complement the overall patternof transportation and land usage within the island's regions, communities,and neighborhoods. 14.3.3 Policies •Commercial facilities shall be developed in areas adequately served bynecessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public andprivate capital improvements to meet the expected increased needs.•Distribution of commercial areas shall meet the demands of neighborhood, community, and regional needs.•Require developers to provide basic infrastructure necessary fordevelopment. Discussion: The CV-20 designation 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 and is thus appropriate for this parcel's Medium Density Urban LUPAG designation. The 12 entire parcel is within the Urban State Land Use district. Therefore, the requested CV-20 zoning is an appropriate classification under consideration of the GeneralPlan LUPAG and SLU designation. Additionally, as the purpose of the rezone is to develop only one lot for commercial use, there is not a significant change in land use for the entire parcel. As the surrounding area is primarily residential and commercial in nature, the proposed project remains consistent with adjacent land uses. The proposed development will be adequately served by all necessary utilities and will contain potable water storage, a Department of Health approved individual wastewater system and electrical service provided by HELCO. Additionally, it is noted that the applicant has been approved for Variance Permit No. PL-SVAR-2023-000029 that permits the use of rainwater catchment for the proposed residential parcels. Thus, the project would aid the overall economic use of the area without burdening County or State agencies. Further, this request aligns with the parcel's State Land Use Urban designation and, as will be elaborated on in Section C of this report, the request is also in alignment with Puna Community Development Plan. C.Puna Community Development Plan Community Development Plans are designed to translate and implement thegoals, policies, and standards of the General Plan as they apply to specific communities and districts. Additionally, they serve as an important framework for a community's intended outcome and vision and are often used as a forum forcommunity input in terms of land-use, availability of public resources, and overalldevelopment. The Puna Community Development Plan (PCDP) was developed through the implementation of the 2005 County ofHawai'i General Plan with a vision for theresidents of Puna to "live in harmony with the 'aina while promoting a sustainablevibrant local economy, healthy community, and a viable transportation systemthat is accessible, friendly and safe for now and future generations." The proposed change of zone request is conducive to the following relevant goalsoutlined in the PCDP: 3.1 Managing Growth-Land Use Pattern •The quality of life improves and economic opportunity expands for Puna 'sresidents.•Enhance the role of existing and new village/town centers by allowingexpanded commercial uses, facilitating the development of farmersmarkets and community gathering places, opportunities for special needs 13 housing, and infrastructure to support more compact development form and multi-modal travel. •Establish the following general classifications and locations for village and town centers in Puna:2)Community Village Centers shall provide a more limited range ofservices in smaller existing urban settlements and in largesubdivisions that are experiencing the greatest rates of build out; namely, at 'Ainaloa, Kurtistown, Maku 'u Homesteads, MountainView, two or more locations in Hawaiian Paradise Park, and atVolcano.•Facilitate land use entitlements and other tools for the development of existing and future village/town centers and special design districts by: 1)Recommending approval of applications for commercial zoning oruse permits for existing commercial uses in designatedvillage/town centers that do not presently have appropriateentitlements, and for proposed uses at appropriate nearby locations, provided that the size and use of the expansion areaconforms to the criteria applicable to the type of villagetown/center at that location. 3.2 Managing Growth -Agriculture and Economic Development •The development of village/town centers, as described in Section3.1, will create new local employment opportunities and providefarmers with new local market venues for their products. Discussion: As the property is currently vacant, the requested CV-20 zoning would allow for a mix of uses among the subdivided lots by providing for commercial 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. While the project area is just outside the defined PCDP's Volcano Community Village Center (approximately 300 feet from the suggested Village Center boundary), according to the PCDP (5.2.2 Criteria for Proposed Locations and Boundaries), "The maps shown in this chapter area not meant to be precise or strictly interpreted, but rather as guidelines in the preparation of rezoning requests for areas within or adjacent to regional town centers, community village centers, or neighborhood village centers." Additionally, the project area is within the SLU Urban district and proximate to other commercial zoned areas. Additionally, the Planning Director has identified the project area as Medium Density Urban, a designation which further supports this rezone request. D.County Zoning The County zoning of the subject property is Residential-20,000 square feet (RS- 20)(Figure 6). The adjacent parcels are also zoned RS-20 and are primarily Hawaii County Zoning: TMK (3) 1-9-005: 006 p� \, \ � 4/11/2025, 11 :46:45 AM \\' \\ \\ \ \,/ \ \\ \ \\ \ CV-20 D Parcels (current boundary lines) Hawaii County Zoning D (road) -A-20a -OPEN Street Centerlines CV-10 RS-10 D Hawaii County District Boundary RS-20 � \ '\ \ AREA \\ \ '\ \ \ . \\ \ \ \\ 0 0 0.03 0.04 1:2,257 0.05 0.08 \ 0.1 mi 0.16 km Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census Bureau, USDA, USFWS, County of Hawaii IT Department, Sources: Esri, Maxar, Airbus OS, USGS, FIGURE 6 Web App Builder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. 15 developed with single-family dwellings, with the parcel immediately east containing the Volcano Forest Inn. The surrounding area also contains larger agricultural properties to the southwest and commercial (CV-I 0, CV-20) properties beginning approximately 300 feet east of the project area. Several of these commercial properties were similarly rezoned from Residential to Commercial under Ordinances: No. 95-124, No. 03-006, and No. 20-021. The requested Village Commercial district allows for 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. This district is intended for areas that lie within the State Land Use Urban designation, which is defined as lands in urban use with sufficient reserve to accommodate foreseeable growth. Thus, the requested CV-20 zoning would provide an appropriate transition between the higher density parcels to the east of the subject site within the Volcano Community Village Center and the residential and larger agricultural and forest reserve areas further west and south. As this request seeks to only rezone the 25,111 square foot area of the parcel closest to the roadside, the residential potential on the remainder of the parcel will remain. Further, the requested CV-20 zoning would be compatible with the nearby RS-20, CV-20, and CV-I 0 properties, providing additional commercial areas within an accessible and convenient proximity to the Community Village Center. The proposed subdivision has received tentative approval from the county and will be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested CV-20 zone would be adhered to. E.Relationship to SMA Objectives and Policies The site is located approximately 12 miles from the coastline and outside theCounty Special Management Area (SMA). The entire island falls within the Coastal Zone Management (CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 12 miles from theshoreline at an elevation of approximately 3,700 feet. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. A formal archaeological study of the property has not been performed. Asdepicted in an aerial photo of the area from 1954 (Figure 7), the property was previously cleared in conjunction with prior residential use of the property and Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS. F.Other Permitting Requirements As noted earlier, other approvals and permits would still be required. These wouldbe of the "ministerial" variety, such as Subdivision approval, Plan Approval,Building Permits, etc. V.ENVIRONMENTAL CONSIDERATIONS 18 A.General Description The subject parcel is accessed via Old Volcano Road, a County owned andmaintained paved access road with varying right-of-way widths. The parcel is currently zoned RS-20. The parcel previously contained a single-family dwelling,but has been vacant of structures for many years. The project proposes to rezone the 25,111 square foot portion of the subject 3-acre parcel closest to Old Volano Road from RS-20 to CV-10. The CV-10 zoned portion of the parcel would be subdivided from the remainder of the parcel and anew private roadway would be created along the eastern boundary of the projectarea to serve the 3 residential lots proposed under the subdivision in conjunctionwith a pending subdivision application (PL-SUB-2023-000138). The project areawill continue to be accessed via Old Volcano Road. The site is situated at an approximately 3,700 foot elevation level with an annualmedian rainfall of approximately 120-inches. The average daily temperatureranges from a minimum of 57 degrees to 63 degrees Fahrenheit. The prevailing winds are trade winds, blowing from the northeast. B.Soils and Topography The site is not classified by the Natural Resource Conservation Service's LandStudy Bureau Overall Master Productivity Rating. The soil for the subject site is Manu medial silt loam with 2 to 10 percent slopes. The soil consists of medial silt loam formed from ash fields on pahoehoe lavaflows. The soil is considered moderately well drained with a very low runoffclass. The property is gently sloped and there are no topographic challenges to theproposed development and use of the property. 19 C.Natural Hazards 1.Drainage 2. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) (Figure 8) identifies the project area as Zone "X" (areasoutside of the 500-year flood). There are no identified existing drainageways in the project area. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainagerequirements, appropriate drywell and/or similar means to capture runofffrom any future improvements will be built, if necessary, in conjunctionwith the appropriate permitting process. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site islocated within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. All of Volcano town falls in the Zone 3 category. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and containscertain structural requirements to address the relative seismic hazard. Allstructures would have to comply with this standard. The subject site is located at approximately 3,700 feet of elevation and isoutside of the Civil Defense's Tsunami Evacuation Zone. D.Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floralor faunal resources are likely to be found within the subject site. Vegetation onthe site includes ginger (Hedychium gardnerianum), Hapu'u tree fems (Cibotiumsp. ), 'Ohi 'a lehua (Metrosideros polymorpha), Sugi pine (Cryptomeriajaponica), and non-native grasses. The suburban nature of the immediate area would make it less likely to findendangered animal life in this area. However, the endangered endemic'Akiapola'au (Hemignathus munroi), Hawai'i Creeper (Oreomystis mana) andHawai 'i 'Akepa (Loxops coccineus) may occur in nearby forests. Other endemic forest birds in the area include I'iwi (Vestiaria coccinea), Oma'o (Myadestesobscurus), and Hawai'i 'Elepaio (Chasiempis s. sandwichensis), 'Apapane (Himatione sanguinea) and 'Amakihi (Hemignathus virens). The Pueo orHawaiian owl (Asia flammeus sandwichensis) and Nene or Hawaiian Goose mayalso utilize resources of nearby forests. Additionally, it would be possible to find 4/11/2025, 11 :49: 19 AM National Flood Hazard Layer Flood Zones Parcels (current boundary lines) Street Centerlines Hawaii County District Boundary 0 0 0.03 0.04 1:2,257 0.05 0.08 0.1 mi 0.16 km Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census Bureau, USDA, USFWS, County of Hawaii IT Department, Sources: Esri, Maxar, Airbus OS, USGS, Web App Builder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. 21 the Island-wide ranging Hawaiian Hawk (I 'o) and the Hawaiian Hoary Bat on site. Best management practices will be employed to avoid adverse effects to these species such as not using barbed wire fencing and avoiding trimming and removal of certain vegetation during bat and hawk breeding seasons. Rapid 'Qhi' a Death (ROD) is a fungal pathogen that has infected and killed many 'ohi'a trees. To prevent the spread of ROD mitigation measures must be put in place. This includes but is not limited to thorough cleaning of all equipment and personnel including shoes and clothing with 70% alcohol before accessing and leaving the site. 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, pigs and mongoose are also common. These are all common and not endangered. As such, with the proposed mitigations, it is unlikely that the proposed rezone and development of the subject property would cause any adverse floral or faunal impacts. Proper timing of any future land clearing will mitigate any potential impacts to sensitive native fauna. E.Historic/Cultural/ Archaeological Resources A formal archaeological study of the property has not been performed. As depicted in an aerial photo of the area from 1954 (Figure 7), the project area was previously cleared in conjunction with prior residential use of the property and previously contained a dwelling. It is noted that the dwelling no longer exists on the property. Therefore, the likelihood of this action having any impacts on the area's historic resources is very low. Nevertheless, in the event any archaeological features are found during any future earth work, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. F.Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa 'akai 0 Ka 'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated traditional and customary practices of this site. 22 In this situation, the subject site is not adjacent to the shoreline. The subject parcel is approximately 12-miles from the nearest coastline. As such, gathering of marine life and coastal access is not an issue. No known archeological sites, historical or cultural resources are known to be located on the property. It is not known whether the subject site or immediate surrounding area was ever used for traditional and customary rights by native Hawaiians. Since the site has been used previously for residential uses, it would appear unlikely that the site would serve such a purpose today and/or in the recent past. In the event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G.Water and Coastal Resources The subject site is located approximately 12-miles from the coastline and sits at approximately 3,700-feet elevation. As such, coastal impacts resulting from thedischarge of wastewater systems from the site should not be significant. Further,being a non-coastal property, no coastal access will be affected. The proposed new construction will be served by two Individual WastewaterSystems meeting with the approval of the State Department of Health. Increasedimpervious areas from driveways and structures will potentially contribute to amodest increase of runoff on the subject property. County drainage requirements,appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. H.Noise, Air Quality, and Dust The existing ambient traffic level in this area will not be significantly impacted by the proposed project. Traffic noise from Old Volcano Road will remain the dominant source of traffic noise. As such, the corresponding noise level shouldremain the same. There may, however, be short-term noise and air quality impacts associated with the project construction. In this instance, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department ofHealth. The proposed development should not generate any direct long-term air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there may be an impact on the ambient air quality, the impact should not be significant. Especially considering higher EPA standards for automobile air emissions, the air quality impact should be negligible. As such, with the exception of construction dust associated with any development of the property, long term dust generated by the project should be minimal. I.Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed asbeing a scenic resource. The subject site is not listed as a scenic site and the proposed action will not affect any of the scenic resources outlined in the General Plan. Landscaping will serve to provide a visual buffer from adjacent propertiesand the proposed cafe/deli will be designed to remain in keeping with the area. VI.SOCIALAND RELATED CONSIDERATIONS 23 A.Surrounding Land Uses The general area is primarily residential and commercial. Parcels in the immediatearea are zoned RS-20 and are primarily developed with single-family dwellings,with the parcel immediately east containing the Volcano Forest Inn. Thesurrounding area also contains larger agricultural properties to the southwest andcommercial (CV-10, CV-20) properties approximately 300 feet east of the project area. Several of these commercial properties were similarly rezoned fromResidential to Commercial under Ordinances: No. 95-124, No. 03-006, and No.20-021. The entrance to Hawai 'i Volcanoes National Park is approximately 1.5miles west of the project area. Given the existing and zoned conditions, the proposed rezoning would be consistent with the existing residential/commercial nature of this area. Furthermore, the applicant intends for the proposed cafe/deli to be a "local hangout", where community members can meet for coffee and/or lunch. To that end, the applicant intends for the cafe/deli to complement the existing residential uses in the area. B.Economic Impacts The requested zoning would have an economic impact as it would allow for theoperation of a cafe/deli within the project area, increasing economic opportunity and creating local jobs. Additionally, the applicant intends to source as many localingredients as possible, thus increasing local agricultural commerce. The project also has the potential to create some short-tenn economic benefits during construction of site improvements which will result in construction jobs and purchases from local suppliers (i.e. gas stations, convenience stores, area businesses, etc). Thus, the project could aid the general economy and the overall economic use of the site and the surrounding area. C.Agricultural Impacts The site is not classified by the Natural Resource Conservation Service's LandStudy Bureau Overall Master Productivity Rating and is not classified as prime orunique according to the Agricultural Lands of Importance to the State of Hawaii(ALISH) classification system. Additionally, the project area has a LUPAG designation of Medium Density Urban and is with the Urban State land usedistrict. Thus, rezoning the project area from RS-20 to CV-20 will not have anyimpact on the County or State's agricultural lands. VII. INFRASTRUCTURAL CONSIDERATIONS 24 A.Road Access to the project would be from Old Volcano Road, a County owned andmaintained paved roadway with varying right-of-way width. A Traffic Impact Analysis has not been performed in conjunction with the proposed development. However, given the modest size of the proposed cafe/deli,approximately twelve (12) peak hour vehicle trips are anticipated, based on theInstitute of Traffic Engineers Trip Generation Manual, 11th Edition. Thus, trafficimpacts should be negligible and minimal access improvements would berequired for the proposed project. B.Water Consultation with the Department of Water Supply confirmed that there is nowater service available to the subject property. The applicant will install a potable water tank and will truck in potable water for the cafe/deli use. An additional water catchment tank will be constructed within the project area to meet water supply requirements for emergency fire suppression. C.Wastewater The proposed development will be served by an individual wastewater system approved by the Department of Health. D.Solid Waste Solid waste will be handled by commercial haulers. With the requested CV-20zoning, and planned commercial use, the potential for uses with toxic or related chemical waste would be minimal, if at all. E.Other Government Services Given the project area's close proximity to Volcano town center, most necessarypublic facilities are located reasonably proximate to the subject site and no extension of government services would be required. A Fire Station, PublicSchools, and a gas station are all located within one mile of the subject site. Thenearest Police Station is approximately 20 miles away in Keaau. In addition, thereare recreation facilities in the general area and the entrance to Volcanoes NationalPark is 1.5 miles away. As such, the project should not result in the extension of any government services. F.Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIF ICANCE ANALYSIS 25 A.Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the property would continue to be subdivided, howeverall lots would remain under RS-20 zoning. The applicant would not be able tomove forward with commercial development of the front lot. From a long-term productivity standpoint, the proposed change of zone wouldallow for economic opportunity for the applicant and an expansion of thecommercial services within Volcano. B.Irreversible and Irretrievable Commitment of Resources The proposed action will not involve an irrevocable commitment, loss, ordestruction of any natural, cultural, or historic resources. Any future earthworkwill closely follow all mitigating measures and Best Management Practices to minimize impacts to natural resources. As previously mentioned, a fonnal archaeological study of the property has notbeen perfonned. However, the project area was previously cleared in conjunctionwith prior residential use of the property and previously contained a dwelling. It is 26 noted that the dwelling no longer exists on the property. Therefore, the likelihood of this action having any impacts on the area's historic resources is very low. Nevertheless, in the event any archaeological features are found during any future earth work, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. Further, the subject property is not a shoreline parcel and will therefore have no impact on public access to or along the shoreline. C.Mitigative Measures Upon approval of the rezone, the applicant intends to make improvements, if required, generally consistent with the subdivision process and zoningregulations. During construction phases, contractors will be required to complywith appropriate State noise and air quality standards as well as adhere to BestManagement Practices. Additional best management practices will be employedto avoid adverse effects to flora and fauna such as not using barbed wire fencing and avoiding trimming and removal of certain vegetation during bat and hawk breeding seasons. Additionally, in order to prevent the spread of ROD,construction equipment will be cleaned thoroughly before accessing and leavingthe site. In the event any archaeological features are found during any future earthdisturbance activity, work will stop within the affected area and appropriateclearances from the State DLNR-HPD and County Planning Department will besecured before work resumes. If needed, an archaeological monitoring programcan be instituted during any land clearing activity. There are no existing drainage ways on the property. Any and all required gradingor grubbing work would be done in accordance with applicable regulations. Thisis to ensure that the development of this site does not adversely affect the drainageof surrounding properties. Finally, there will be no person or businesses to be relocated by this project. D.Alternatives to the Proposed Project 1.No Project Under the status quo alternative, the site would be subdivided as plannedbut remain zoned RS-20. The applicant would not be able to proceed withany commercial development within the project area. 2.Alternative Density With the intended Village Commercial use, the applicant could request zoning with smaller minimum square footage, such as CV-15 or CV-10.These designations would remain consistent with the LUPAGclassification, the SLU designation, and the surrounding area. However,further subdivision of the proposed commercial area is not proposed, making the CV-20 designation the most appropriate for the project area. 3.Evaluation of Alternatives The necessary infrastructure and services are available to support theproposed CV-20 rezoning and the project's impact to the area's social and physical infrastructure would not be pronounced. Rather, approval of therequest will enable the applicant to designate one lot for commercialdevelopment and contribute economic benefit to the wider community.Certain mitigative measures can be taken to address any possible impacts associated with the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished bythe County General Plan LUPAG map. In view of the aforementioned, it would appear that none of thealternatives would be more sensible and beneficial than the requested CV- 20 alternative. IX.REGULATORY ANALYSIS 27 A.General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of theIsland of Hawai'i. It provides direction for balanced growth in the County. Per aLUP AG determination from the County Planning Director, the project area isdesignated as Medium-Density Urban (Exhibit A). This designation allows therequested CV-20 zoning without a General Plan amendment. B.General Plan Polices The requested zoning would be consistent with the goals, policies, and standardsof the General Plan document. For one, it will provide an economic opportunity for a new commercial business on the property. Additional economic opportunities are also likely from increasedemployment options created by the short term construction of any improvementsrequired by the development and long term business operations. Further, the 29 CV-20) in order to construct a small cafe/deli, he is also proposing to subdividethe parcel into four ( 4) lots, three of which will remain in the RS-20 zoning. Thus,the end project will result in an increase of two new residential lots on which adwelling could be built. Additionally, there are many housing options available in the Volcano area and the Puna district at large and thus the impact on housingshould be negligible. Further, dwellings are permitted within CV-JO zoning shouldone ever be desired. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the development will be constructed in a manner that is consistent with the surrounding area and landscaping improvements will buffer the development from adjacent properties. As the project site is approximately 12 miles from the ocean and at an elevation of 3,700 feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Further, through the use of a DOH approved Individual Wastewater System, impacts to the coastal water will be minimized. There will be minimal impact to public facilities. The Department of Water Supply has confirmed that county water is not available to the property and so the applicant will be responsible for providing potable water to serve the cafe/deli. Additionally, vehicular access to the site is via Old Volcano Road, a County owned and maintained roadway with sufficient access for emergency vehicles. Fire Stations and other public facilities are also located proximate to the site. Finally, in tenns of the Land Use and Housing elements, the pertinent goals, policies, and standards of the General Plan note the following: •Designate and allocate land uses in appropriate proportions andmix and in keeping with the social, cultural, and physicalenvironments of the County (Land Use Element) •Allocate appropriate requested zoning in accordance with theexisting or projected needs of neighborhood, community, region,and County. (Land Use Element) •Encourage the development and maintenance of communitiesmeeting the needs of its residents in balance with the physical andsocial environment. (Land Use Element) •Zoning requests shall be reviewed with respect to General Plandesignation, district goals, regional plans, State Land Use District,compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. 30 In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. As the population of Volcano and popularity of Hawai'i Volcanoes National Park continue to grow, there is a need to expand commercial services in the town. The rezone request would allow the applicant to provide commercial services on the portion of the property closest to the road, while retaining the residential potential of the remainder of the property. The purpose of the request is to develop a cafe/deli on the lot which will provide economic benefit to the wider community. Additionally, the CV-20 designation is intended 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. Therefore, it is considered appropriate for the project site's Medium-Density Urban LUPAG designation. Furthermore, the subject property is proximate to several other parcels zoned CV-20 which have been rezoned from RS-20 under similar requests, making the proposed rezoning appropriate in this area and compatible with surrounding land uses. Additionally, this request is in alignment with the parcel's State Land Use Urban designation and, as is elaborated on in Section IV.C of this report and the request is also in alignment with the Puna Community Development Plan. C.Puna Community Development Plan The Puna Community Development Plan (PCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The PCDP designates Village and Town Centers for the establishment of guidelines for development. While the project area is just outside the Volcano Community Village Center as identified in the PCDP, it contains the same Medium Density Urban LUPAG and Urban SLU designations as the Village Center area. Thus, the subject site can be considered appropriate for commercial development. Additional infonnation pertaining to how this application conforms to the policies and standards of the PCDP is provided in Section IV.C of this report. D. Zoning and Subdivision The designated zoning of the project area is RS-20. Should the CV-20 zoning be approved, the requirements of the zoning and subdivision codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E.State Land Use Agricultural Standards The State Land Use Designation is Urban. The requested rezoning to CV-20would not be contrary to the State Land Use Standards. X.CONCLUSION 31 Based on the consistency of the proposed change of zone request with the County's landuse policies, approval of this request would be logical and reasonable. In addition, the request will provide economic benefit to Volcano and help generateadditional property tax revenue for the County. Lastly, the requested density is consistent with the surrounding area and properties. The alternative of leaving the land in its present zoning would limit its highest and best use and would limit the commercial potential of this area. While other zonings of a residential and/or commercial nature could be achieved, the requested CV-20 zoning isthe most sensible. DocuSign Envelope ID: ADC7634D-4FEB-413D-AD46-9F5310947966 Mitchell D. Roth Afaynr Lee E. Lord Managing Director Wesl Hawai'i Otlice 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai'i 96740 Phone ( 808) 323-4 770 Fax (808) 327-3563 February 28, 2022 Mr. William Toby Morris TM Builders, LLC 577-A Kawailoa Rd.Kailua, HI 96734 Dear Mr. Morris: EXHIBIT A County of Hawai 'i PLANNING DEPARTMENT SUBJECT: General Plan LUPAG Map Determination Zendo Kem Directnr Jeffrey W. Darrow Deputy Directnr East Hawai • i Otfice 1 01 Pauahi Slreel, Suite 3 Hilo, Hawai'i 96720 Phone (808) 961-8288 Fax (808) 961-8742 Tax Map Key: (3) 1-9-005:006, Volcano Village, Puna, Hawai'i This is to acknowledge receipt of your email dated December 10, 2021, requesting interpretation of the General Plan Land Use Pattern Allocation Guide (LUPAG) map designation for the above referenced property as you are interested in subdividing the parcel and rezoning the roadside lot to a commercial zoning. The General Plan states the following regarding the review and interpretation of the General Plan LUPAG map in relation to Zoning requests: 14.1.4 Standards (a)The designated land uses will be delineated on the General Plan Land Use PatternAllocation Guide Map. The broad-brnsh boundaries indicated are graphic expressionsof the General Plan policies, particularly those relating to land uses. They are long­range guides to general location and will be subject to: a) existing zoning; and b) State Land Use District. (b)Zoning requests shall be reviewed with respect to General Plan designation, districtgoals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. In reviewing the General Plan LUPAG map designation for the property in relation to the above information, we can determine the following: 1.The subject property is part of the Ola'a Summer Lots Subdivision in Volcano Village. It issituated within the State Land Use Urban district and the County's Single-Family Residential(RS-20) zoning district. www.planning.hawaiicounty.gov T-fawai•i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov DocuSign Envelope ID: ADC7634D-4FEB-413D-AD46-9F5310947966 Mr. William Toby Manis TM Builders, LLC February 28, 2022 Page 2 2.The subject property is located in an area designated as Low Density Urban (ldu) by the GPLUPAG map (refer to Exhibit 1 attached), which allows for "residential, with ancilla,y community and public uses, and neighborhood and convenience-type commercial uses;overall residential density may be up to six units per acre. " However, the property is situatedin close proximity to a Medium Density Urban (mdu) designation, a portion of which islocated on the adjacent property approximately 200 feet to the east. This designation is generally consistent with the Volcano Village commercial core and allows for, "Village andneighborhood commercial and single family and multiple family residential and related junctions (multiple family residential --up to 35 units per acre)." 3.The subject property is situated just outside of the boundary of the Puna Community Development Plan (PCDP) Volcano Community Village Center map, which designates thegeneral location of desired commercial development in Volcano Village. However, accordingto the PCDP (5.2.2 Criteria for Proposed Locations and Boundaries), "The maps shown in this chapter are not meant to he precise or strictly interpreted, hut rather as guidelines in the preparation of rezoning requests for areas within or adjacent to regional town centers,community village centers, or neighborhood village centers. " 4.Additionally, the Volcano Long Range Plan, produced by the Volcano Community Association in August 2015, has identified the subject property as situated within an area identified for potential expansion of the commercial zone, and within an area covered byproposed Volcano Village Design Guidelines to be applied to commercial/institutionalstructures. Based on the above review, we can confirm that the General Plan LUPAG map designation for the subject property is Medium Density Urban. This determination is made not by simply looking at where the LUPAG Map lines roughly fall on the ground, but by also carefully assessing the overall land use pattern in this particular area as it relates to the existing uses, long-range plans for the area and the proposed request. Should you have any questions, please feel free to contact Jessica Andrews at (808) 961-8155. Sincerely, r-:: DocuSigned by: ��85� ZENDOKERN Planning Director JMA:jaa \ \cohO 1 \plannin g\public\wpwin 60\J essica \Letters \LM onis-GPDete1111ination-19005006. doc Cc (via email): Long Range Planning Division TMK # Zoning Parcel Size (Square Feet/Acres) Can the Lot be Subdivided? # of Lots that can be Created by Subdivision Rezone Ordinance # Condition Status- Active/Expired/ Complete Time Remaining to Perform Condition 11004037 A-20a 539,621/12.38 NO N/A N/A N/A N/A 11005038 RS-20 592,764 YES 29 N/A N/A N/A 19005005 RS-20 215,213 YES 10 N/A N/A N/A 19005006 RS-20 130,680 YES 6 N/A N/A N/A 19005007 RS-20 130,680 YES 6 N/A N/A N/A 19005008 RS-20 259,618 YES 12 N/A N/A N/A 19005013 RS-20 243,936 YES 12 N/A N/A N/A 19005024 RS-20 108,900 YES 5 N/A N/A N/A 19005036 RS-20 43,560 YES 2 N/A N/A N/A 19005037 RS-20 43,560 YES 2 N/A N/A N/A 19005039 RS-20 38,522 NO N/A N/A N/A N/A 19005040 RS-20 39,331 NO N/A N/A N/A N/A DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAl'l 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 TO: Mr. Jeffrey Darrow, Director Planning Department July 31, 2025 FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Change of Zone Application (PL-REZ-2025-000083) Applicant: William Cox Morris COH PLANNING DEPT AUG 1 2025 PH2: 28 REC'D HANO DELIVERED Request: Single-Family Residential -20,000 Square Feet (RS-20) to Village Commercial -20,000 Square Feet (CV-20) Tax Map Key 1-9-005:006 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel is beyond the service limits of the Department's existing water system. Therefore, we cannot give a favorable recommendation for this change of zone application. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at (808) 961-8070, extension 255. RM:makk Sincerely yours, Keith K. Okamoto, P .E. Manager-Chief Engineer copy -William Cox Morris ... Water; Our 'Most Precious <Rgsource ... 1(a Wai Jl. 1(ii.ne ... The Department of Water Supply is an Equal Opportunity provider and employer. JOSH GREEN, M.D. GOVERNOR I KE KIA'AINA SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA July 25, 2025 STATE OF HAWAl'I I KA MOKU'AINA 'O HAWAl'I DEPARTMENT OF LAND AND NATURAL RESOURCES KA 'OIHANA KUMUWAIWAI 'AINA STA TE HISTORIC PRESERVATION DIVISION KAKUHIHEW A BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLEI, HAW All 96707 DAWN N.S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT RYAN K.P. KANAKA'OLE FIRST DEPUTY CIARA W.K. KAHAHANE DEPUTY DIRECTOR -WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS IN REPLY REFER TO: Jeff Darrow, Director County of Hawai' i, Department of Planning 101 Pauahi Street, Suite 3 Hilo HI 96720 c/o planning@hawaiicounty.gov Dear Mr. Darrow: Project No_ 2025PR00744 Doc_ No.: 2507SN14 Archaeology SUBJECT: Hawaii Revised Statutes (HRS) Chapter 6E-42 Historic Preservation Review -County of Hawai'i Change of Zone Application (PL-REZ-2025-000083) Applicant: William Cox Morris 'Ola'a Ahupua'a, Puna District, Island of Hawai'i TMK: (3) 1-9-005:006 (por.) This letter provides the State Historic Preservation Division's (SHPD' s) review of the County of Hawai 'i Change of Zone Application (PL-REZ-2025-000083) in anticipation of the applicant's application to proceed with a 4-lot subdivision. The SHPD received the submittal on June 30, 2025, which included a Change of Zone Application, construction plans (site plans), and a photo of the view of the property from the road. The applicant seeks to rezone an approximate 0.28-acre (25, 111-sq.-ft) portion of the 3.0-acre parcel from a Residential -20,000 SQ FT (RS-20) district to the Village Commercial -20,000 SQ FT (CV-20) district. Once the change of zone is approved, the applicant will separate out the CV-20 zoned portion as its own TMK and develop a business on the new TMK. A review of our records indicates that no archaeological inventory survey (AIS) has been conducted and that no archaeological sites have been previously identified within the project area. A portion of the project area is within the Hale Obi 'a Tract Historic District (SIHP 50-10-53-07 414) that was identified in a reconnaissance level survey (RL S) (Boone 1993) which documented pre-WW2 architecture as a part of the Volcano Village Historic Building Inventory. However, contemporary aerial photography does not show any evidence of any remaining historic structures within the subject parcel. At this time, SHPD has no objections to the project proponent's request for rezoning. However, SHPD requests the opportunity to review any future permits involving ground-disturbance associated with the development of the subject parcel. Please contact Sean Naleimaile at (808) 933-7651 or Sean_P_Naleimaile@Hawaii.gov, for any questions or concerns regarding this letter. Aloha, � Jessica L. Puff Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer C.Kimo Alameda, Ph.D.Mayor William V. Brilhante, Jr. Managing Director July 16, 2025 TO FROM SUBJECT: County of Hawai' i POLICE DEPARTMENT 349 Kapi'olani Street • Hilo, Hawai'i 96720-3998 (808)935-3311 • Fax (808) 961-2389 T POLICE CHIEF AU CHANGE OF ZONE APPLICATION (PL-REZ-2025-000083) APPLICANT: WILLIAM COX MORRIS Benjamin T. Moszkowicz Police Chief Reed K. Mahuna Deputy Police Chief REC'D HANO DELIVERED COH PLANNING DEPT Jlll 17 2025 AM10:01 REQUEST: SINGLE-FAMILY RESIDENTIAL -20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL -20,000 SQUARE FEET(CV-20) TAX MAP KEY: (3) 1-9-005:006 (POR.). VOLCANO. PUNA. HAWAI'I Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Todd Pataray, Puna Patrol, at 965-2716 or via email at Todd.Pataray@hawaiicounty.gov. "Hawai'i County is an Equal Opportunity Provider and Employer" JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: July 3, 2025 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (PL-REZ-2025-000083) Applicant: William Cox Morris Request: Single-Family Residential – 20,000 Square Feet (RS-20) to Village Commercial – 20,000 Square Feet (CV-20) Tax Map Key: (3) 1-9-005:006 (por.), Volcano, Puna, Hawaiʻi In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health “Standard Comments” regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1.All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Jeffrey W. Darrow July 3, 2025 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Jeffrey W. Darrow July 3, 2025 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program – The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation / Local DOH Comments: 1. According to HAR §11-26-35, No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. Jeffrey W. Darrow July 3, 2025 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917.