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Home My WebLink About2025-08-29 PL-REZ-2025-000083 Applicant's Response to Testimonies From: John Pipan To: W PCtesti mono Cc: Roy.Alex; Darrow.Jeff Subject: Applicant Response to Public Testimony Morris REZ Date: Friday,August 29, 2025 11:09:39 AM Attachments: Morris- Response to Testimony.pdf Aloha All, Please see attached regarding change of zone application PL-REZ-2025-000083. Best, John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 Office: (808)333-3391 LAIC `* PLANNING � H AAA I I LLC_ LAND"' * z.. 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplanninghawaii.com HAWAII LLC August 29, 2025 Louis Daniele III, Chair County of Hawaii Windward Planning Commission 101 Pauahi St, Suite 3 Hilo, HI 96720 Dear Chair Daniele: Subject: Response to Testimony Regarding PL-REZ-2025-000083 Requesting a Change of Zone from RS-20 to CV-20 Applicant: William Morris Ola'a, Volcano, Puna, Hawaii, TMK: (3) 1-9-005:006 (por.) We wish to submit a response to testimony we've received opposing the subject application. The applicant is requesting to change the zoning designation of a 25,111-square foot portion of the subject 3-acre parcel from Residential—20,000 square feet(RS-20) to Village Commercial — 20,000 square foot(CV-20). 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. The testimony we've received expresses concerns over maintaining the residential nature of the area, maintaining the natural forest and consistency of the proposed zoning change with the General Plan and Community Development Plans. We appreciate this input and hope to address these concerns here. The applicant was born and raised and is a lifelong resident of the State of Hawaii and a graduate of the University of Hawaii, College of Tropical Agriculture. Mr. Morris is the Executive Director of Manu Iwa O Ka Malanai (Manuwai.org)who's mission is to restore Kailua's shallow water ecosystems ofreefs,fish and sea life with practices that incorporate Hawaiian ancestral practices with modern science, honoring the once abundant fishing grounds ofKailua. They envision a future with thriving lands, waters, reefs, and marine life through healthy stewardship practices and a deepened relationship between people and place. Mr. Morris cares deeply about preserving the character and native forest of Volcano. 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 zoning. As a point of clarity, the landowner already applied to subdivide the property into four (4)lots in 2023 and has received Tentative Approval for that subdivision. Given that this parcel is currently zoned RS-20 and contains 3 acres, the landowner is able to subdivide this parcel into up to six (6) lots under its current zoning. However, like the testifiers, the subject landowner is also sensitive to the importance of preserving forest habitat and avoiding over-development of Volcano Village. He opted to pursue a 4-lot subdivision layout rather than a 6-lot subdivision layout in order to maintain as much forest area as possible while also realizing the potential this property offers for increased fee-simple land ownership opportunities. The property is not virgin native forest. It has been previously cleared and formerly was the site of a residence. The applicant does not intend to clear the property pin to pin and in fact has chosen a site for the cafe that is currently overgrown with invasive kahili ginger and alien grasses. We cannot confirm or deny the testifiers' claims of commercial properties in Volcano that are currently underutilized or for sale. Whether or not this is the case has little bearing on the current application. Zoning applications are evaluated not on current inventory or market conditions but on long term plans for the community and whether the proposed zoning would help to effect those long-term plans. Testifiers contend that this project would set a precedent for neighboring lot owners to apply for commercial zoning. The favorable recommendation provided by the Planning Department on this application is based on a thorough evaluation of whether the proposed zoning would result in an appropriate land use pattern that would further benefit the general public. The Department's recommendation takes into account much more than the zoning of neighboring parcels. The recommendation report details how the proposed zoning conforms to all of the many required criteria evaluated for a proposed change of zone. In fact the Planning Department determined that the subject property has a General Plan Land Use Pattern Allocation Guide (LUPAG) map designation of Medium Density Urban, taking into account the Puna Community Development Plan (PCDP) Volcano Community Village Center map, and the Volcano Long Range Plan (Exhibit A). The Medium Density Urban designation allows for Village and Neighborhood commercial and single family and multiple family residential and related functions. We look forward to the opportunity to present this project to the Commission next week and will happily address any remaining questions or concerns. Thank you very much. Sincerely, JOHN PIPAN Planning Administrator DocuSign Envelope ID:ADC7634D-4FEB-413D-AD46-9F531D947966 Mitchell D.Roth ,Ntv'ns o q Zendo Kern Mayor ,^ �I�U�, Director Lee E. Lord _ Jeffrey W. Darrow Managing Director +.e-:- e►•�; Dcputv Director T�GF•H►.}l West Hawaii Office East Hawaii Office 74-5044 Ane Keolhokalole Hwy • • 101 Pauahi Sneet,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(308)961-8742 February 28, 2022 Mr. William Toby Morris TM Builders, LLC 577-A Kawailoa Rd. Kailua, HI 96734 Dear Mr. Morris: SUBJECT: General Plan LUPAG Map Determination Tax Map Key: (3) 1-9-005:006,Volcano Village,Puna, Hawaii 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 Pattern Allocation Guide Map. The broad-brush boundaries indicated are graphic expressions of the General Plan policies, particularly those relating to land uses. They are long- range 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, district goals, 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 is situated within the State Land Use Urban district and the County's Single-Family Residential (RS-20)zoning district. Nv-%v-%v.plannina.lhawaiicounty�ov Hawaii County is an Equal Opportunity Provider and Employer planning a)hawaiicoun ov EXHIBIT A DocuSign Envelope ID:ADC7634D-4FEB-413D-AD46-9F531D947966 Mr. William Toby Morris 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 GP LUPAG map (refer to Exhibit 1 attached), which allows for "residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may he up to six units per acre. "However, the property is situated in close proximity to a Medium Density Urban (mdu) designation, a portion of which is located 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 and neighborhood commercial and single family and multiple family residential and related functions (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 the general location of desired commercial development in Volcano Village. However, according to 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, 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. " 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 by proposed Volcano Village Design Guidelines to be applied to commercial/institutional structures. 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, �D,oIcAuS,i�gnAed by, 71C04DC68548430... ZENDO KERN Planning Director JMA:jaa \\coh0l\planning\public\v pwitl60\Jessica\Letters\LMolris-GPDetennination-19005006.doc Cc (via email): Long Range Planning Division