HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-017)BThomasTrusts SPP.crk.9.21.2022
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
MAURICE & JIRANAN THOMAS TRUSTS
SPECIAL PERMIT APPLICATION NO. PL-SPP-2022-000017
MAURICE & JIRANAN THOMAS TRUSTS submitted an application for a Special Permit to
legitimize the use of an existing agricultural warehouse and office facility for warehousing,
distribution and administrative operations related to retail and service activities in Orchidland
Estates and Volcano Village on 1.045 acres of land in the State Land Use Agricultural district.
The subject property is located at 16-1695 34th Avenue, at the southeast corner of its intersection
with Orchidland Drive, Orchidland Estates, Puna, Hawaii, TMK: (3) 1-6-009:385.
APPLICANTS' REQUEST
1. Request: The applicant is requesting a Special Permit to legitimize the use of an existing
agricultural warehouse and office facility and related improvements for warehousing,
distribution and administrative operations related to retail and service activities in
Orchidland Estates and Volcano Village on 1.045 acres of land in the State Land Use
Agricultural district. The existing 8,160 square foot building (currently permitted as an
agricultural storage facility), houses 7,200 square feet of warehouse and distribution
space and 960 square feet of administrative office space. An existing gravel parking area
can accommodate 11, standard -sized parking stalls and space for a loading area. The
warehouse facility currently accommodates a wide range of hardware products, food, and
liquor/beer that supports the applicants' general store operations located on the adjacent
property as well as their hardware store and restaurant operations in Volcano Village. Ice
is also being manufactured and stored at this facility within a refrigerated storage
container for distribution to the applicant's various businesses.
The warehouse operation currently handles deliveries/stock as follows:
■ Only one (1) large (8-foot by 40-foot) container shipment arrives each month at this
warehouse facility providing products to support the applicant's True Value
Hardware retail operations.
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■ Once the container shipment is unloaded and transported into the warehouse facility,
the products are segregated and then transported to the applicant's businesses in
Volcano via smaller delivery vans, which amounts to approximately 12 daily
deliveries.
■ As the Orchidland General Store is situated immediately to the east (makai) of the
subject property and existing warehouse facility, the transport of products from the
warehouse is directly via an existing dock situated between the two properties, with
the use of forklifts and hand trucks to carry products.
2. Purpose for the Request: According to the applicant, the requested continued use of the
property and structure for administrative, warehousing and distribution operations
associated with the applicant's commercial retail and service activities located in
both Orchidland Estates Subdivision (Orchidland General Store/True Value Hardware)
and Volcano Village (True Value Hardware store and Thai Thai Bistro & Bar). This
central facility efficiently supports the applicant's other retail and service businesses,
eliminating the need to provide additional storage capacity at each business location,
especially when similar products are being sold at both locations of their True Value
hardware operations. Furthermore, the applicant has indicated that the facility will only
be used to support its other commercial business listed in the application and will not
expand the use beyond what is represented. Finally, obtaining a Special Permit will
legitimize the use that has been operating for nearly 20 years without the appropriate land
use entitlements.
3. Employees: The warehouse facility is staffed by three (3) administrative employees. The
warehousing and distribution operations is staff by four (4) warehouse employees and
one (1) driver.
4. Hours of Operation: Existing administrative, warehousing and distribution activities
occur seven (7) days a week from 6:00 am to 6:00 pm. The applicant intends to continue
these hours.
5. Project Timeframe: According to the application, upon approval of the Special Permit,
they will promptly apply for Plan Approval and provide all necessary on -site
improvements as may be deemed necessary. Furthermore, the applicant will make every
effort to secure the necessary building permits for a change of use of the existing
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structure to a warehouse and office building, and complete all required improvements in a
timely manner, roughly estimated at two (2) years from the date of approval of the
Special Permit.
6. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1— Special Permit Application dated
June 13, 2022).
7. Landowners: Maurice R. Thomas Trust and Jiranan Thomas Trust.
BACKGROUND INFORMATION
8. July 3, 2003: Building Permit No. 31370 issued to allow the construction of a new
dwelling on the subject property. This dwelling was never constructed, and the permit
was cancelled.
9. July 15, 2003: Building Permit No. 31453 issued to allow the construction of a 60-foot x
120-foot steel agricultural storage building with workroom, office, 1 '/z bathrooms, and a
12-foot x 60-foot loading dock with ramp. The permit was finalized on May 18, 2010.
10. June 7, 2005: Building Permit No. B2005-1402H issued for the construction of an
addition to the agricultural storage building to convert a sidewalk to be part of the
enclosed area to accommodate its existing administrative operations.
11. January 25, 2022: The Planning Department sent a warning letter to the applicant in
response to a complaint alleging that the applicant was operating a commercial
warehousing/storage facility by storing and distributing retail products to retail
establishments on the adjacent parcel. The applicant also received two (2) time
extensions from the Planning Department to allow for time to submit a Special Permit
application, including the latest one via letter dated May 16, 2022 requiring the applicant
to submit a Special Permit application no later than June 30, 2022.
12. June 13, 2022: Date the Planning Department received the subject Special Permit
application.
STATE AND COUNTY PLANS
13. State Land Use (SLU) District: Agricultural District.
14. County Zoning: A-3a; Agricultural 3-acres.
15. General Plan (LUPAG) Map Designation: Medium Density Urban (MDU). The MDU
designation allows village and neighborhood commercial and single family and
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multiple family residential and related functions (multiple family residential -- up to
35 units per acre).
16. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaii
County Council, Ordinance 08 116, on September 10, 2008. The subject parcel is located
within the Orchidland Neighborhood Village Center, an area identified by the PCDP as
"located along Orchidland Drive from Highway 130 to halfway between 34t' and 35t'
Avenues", which encompasses 15 parcels and an area of about 16 acres.
17. Special Management Area (SMA): The subject property is located approximately four
and a half (4.5) miles from the nearest coastline and is not within the Special
Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
18. Project Site: The subject. 1.045-acre parcel is rectangular in shape and situated at the
southeast corner of the Orchidland Drive/34 h Avenue intersection within the Orchidland
Estates Subdivision. The property is improved with an 8,160 square foot, steel -building
that was permitted as an agricultural storage building, which has been used as a
warehouse, distribution, and administrative office building. The warehouse facility,
gravel driveway, gravel parking area and other associated improvements are largely
concentrated within the southern half of the subject property, with the remaining portion
fronting Orchidland Drive extensively landscaped, especially along its border with
Orchidland Drive. The entire property is bordered by a low rock retaining wall that is
then topped with chain link fencing. According to the Department of Public Works -
Building Division, no building permit was ever issued for the change in occupancy from
agricultural storage to warehousing/distribution/office use, thus a change of use building
permit will be required to change the occupancy.
19. Surrounding Zoning/Land Uses: Most properties surrounding the subject parcel are
zoned A-3a. The area is characterized by a mix of farms, single-family residences, and
commercial/institutional uses that were all issued Special Permits to operate. These
include the Orchidland Estates Convenience Center (including a convenience store/gas
station, Blane's Drive Inn and the Orchidland General Store/True Value Hardware), a
church, a restaurant and most recently, a public charter school which received a Special
Permit to develop and operate in 2021.
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20. U.S.D.A. Soil Type: (rLV) Lava Flows A`a. This lava has very little soil covering and is
bare of vegetation, except for mosses, lichens, ferns and small `6hi `a trees.
21. Land Study Bureau Soil Rating: Soils within the project site are classified as "E" or
"Very Poor" for agricultural productivity.
22. ALISH: Unclassified.
23. Flood Zone: The Federal Emergency Management Agency's Flood Insurance Rate Map
(FIRM) designates the area of the proposed development to be in Zone X (areas outside
of 500-year floodplain). According to the applicant, there are no identified drainage ways
through the site.
24. Flora/Faunal Resources: There was no professional survey conducted of the floral and
faunal resources for the subject property. However, the area has been cleared, graded, and
developed with a warehouse structure, thus the applicant does not believe that rare or
endangered floral or faunal resources are likely to be found within or proximate to the
subject property. Vegetation found on the property was established at the time the site
was graded in 2003. Introduced plants planted within the front portion of the property
facing Orchidland Drive include lemon, mango, and jackfruit, along with various
ornamental plants. It could be possible that introduced bird species such as dove,
Japanese White -eye, house finch and myna can frequent the property, as they do
throughout the area. Domestic animals such as cats, dogs, and other animals such as rats
and feral pigs are probably also common.
25. Archaeological/Cultural/Historical Resources: According to the applicant, no
archaeological inventory survey of the property was conducted due to the significantly
developed nature of the property. Furthermore, past ground disturbance activities within
the property, which included backfilling, would indicate that the potential for subsurface
archaeological resources is unlikely. The subject site is not adjacent to or proximate to
the shoreline. As such, fishing and/or coastal access is not an issue. It is not known
whether the subject property or immediate surrounding area have ever been used for the
gathering of plants by native Hawaiians. However, it would appear very unlikely that the
site would serve such purpose today and/or in the recent past given the property's
intensively disturbed condition.
26. Public Access: There is no coastal or mountain access through the subject property.
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27. Traffic: According to the applicant, current operations at the warehouse facility involves
employees, currently numbered at eight (8), arriving before 6:00 am and departing after
6:00 pm, seven (7) days a week. During warehouse operational hours, 12 deliveries are
made to their businesses in Volcano Village throughout the day via smaller delivery
vans. Large (40-foot) container deliveries occur about once per month, having minimal
impact upon traffic, especially with the construction of a new driveway onto Orchidland
Drive. By letter dated August 30, 2022, the State Department of Transportation (DOT)
indicated that it had no objections to the Special Permit and determined that, "based on
12 vehicle trips per day to be generated by the proposed operation described in the
application, it appears that the project will have no significant impacts to the nearby
state highway facilities. "
PUBLIC SERVICES AND FACILITIES
28. Access: The subject parcel is accessed via Orchidland Drive, approximately 1,000 feet
west of its intersection with Kea`au-Pahoa Road. The property currently takes access via
a driveway from 34t' Avenue, however, the applicant proposes to abandon that driveway
and build a new driveway connection with Orchidland Drive. Orchidland Drive is
privately owned and maintained by the Orchidland Community Association (OLCA),
with a 60-foot-wide right-of-way with a pavement width of approximately 28 feet at the
intersection with Kea`au-Pahoa Road and approximately 24 feet in proximity to the
subject parcel. Maintenance of the roads are funded through Mandatory Road
Maintenance Assessment (MRMA) fees charged to landowners of the subdivision.
OLCA has provided a letter of support for the proposed Special Permit. In recognition of
the deteriorated condition of lower Orchidland Drive, in early 2021, OLCA approved
Commercial Mandatory Road Maintenance Assessment fees for 2021-2022 of $2,000 for
the five commercial users along lower Orchidland Drive (including the subject property).
These assessments will help to renew and continue timely maintenance of the heavily
used section of Orchidland Drive.
29. Water: According to the Department of Water Supply (DWS), the subject property is
currently served by a 2-inch master meter but requested that the applicant submit
estimated maximum daily water usage calculations for the proposed uses. The applicant's
engineer estimated that the facility uses 100 gallons per day (GPD). Based on their
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review of the calculations, DWS determined that one unit of water at an average 400
gallons per day could be made available to the property via the existing 2-inch meter to
satisfy the project's potable water needs. The applicant has also represented that they will
comply with all requirements of the Fire Department for providing adequate fire
suppression, whether by an on -site water catchment system, connecting with the
adjoining Orchidland Convenience Center fire suppression water system, or other
alternatives.
30. Wastewater: Currently there is a cesspool on the subject property servicing the
wastewater needs of the warehouse facility. According to the State Department of Health
(DOH), they did not approve of the connection of the agricultural warehouse to the
existing cesspool, which is considered a violation of Section 11-62-08(b), Hawaii
Administrative Rules (HAR). According to DOH, the applicant will be required to retain
the services of a licensed engineer to design and a licensed contractor to construct a new
wastewater system that complies with Chapter 11-62, HAR for the proposed use.
31. Solid Waste: There is no municipal solid waste collection in the County. According to
the applicant, any solid waste generated by the warehouse operation is currently being
disposed of at County solid waste transfer stations in Kea`au. According to the
Department of Environmental Management (DEM)-Solid Waste Division, commercial
operations, among other uses, may not use transfer stations for solid waste disposal.
32. Other Essential Utilities and Services: Electric, telephone, and internet services are
available to the site and are currently supporting the existing warehouse use. Police, fire,
and medical services are available nearby in Kea`au and Pahoa.
AGENCIES' COMMENTS
33. Department of Public Works — Engineering Division: (Planning Department Exhibit
2 — August 3, 2022 Memo)
34. Department of Public Works — Building Division: (Planning Department Exhibit 3 —
August 10, 2022 Memo)
35. Department of Water Supply: (Planning Department Exhibit 4 — July 18, 2022 letter
and September 1, 2022 letter)
36. Department of Environmental Management: (Planning Department Exhibit 5 — July
20, 2022 Memo)
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37. Fire Department: (Planning Department Exhibit 6 — July 12, 2022 and July 14, 2022
Memos)
38. State Department of Health: (Planning Department Exhibit 7 — August 1, 2022
Memo)
39. State Department of Transportation: (Planning Department Exhibit 8 — August 30,
2022 Letter)
40. State Department of Land and Natural Resources — Engineering Division: (Planning
Department Exhibit 9 — July 28, 2022 Memo)
41. Orchidland Community Association: (Planning Department Exhibit 10 — July 22,
2022 Email)
AGENCIES — NO COMMENTS/CONCERNS
42. Police Department, DLNR-Land Division, and State Office of Planning and Sustainable
Development.
AGENCIES — NO RESPONSE
43. State Land Use Commission and State Department of Agriculture.
APPLICANT'S RESPONSE TO AGENCY COMMENTS
44. Letter from Daryn Arai, Land Use Planning Consultant: (Planning Department
Exhibit 11— September 14, 2022 letter).
PUBLIC COMMENTS
45. None as of the date of this writing.
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Daryn Arai
Land Use Planning Consultant
June 13, 2022
Mr. Zendo Kern, Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Kern:
Subj ect: Special Permit Application
Applicant: Maurice and Jiranan Thomas Trusts
Request To allow for the continued use of an unpermitted 8,160 square foot
warehouse, distribution and administrative office facility and related facilities
in support of Applicant's businesses
TMK: 1-6-009: 385, Orchidland Estates Subdivision, Puna
Accompanying this letter, we present for your consideration and processing before the
Windward Planning Commission a request by Maurice and Jiranan Trusts for a Special Permit to
allow for the continued use of an unpermitted 8,160 square foot warehouse, distribution and
administrative office facility and related facilities in support of Applicant's businesses, all of
which are located upon 1.045 acre of land within the Orchidland Estates Subdivision.
Pursuant to your application requirements to be filed via the EPIC system, please find
accompanying this letter the following:
a. Original of the completed Special Permit application form accompanied by supporting
information that includes a location map and site plan; and
b. List of the surrounding property owners within 500 feet of the subject property;
Should you have questions on this matter, please feel free to contact me. Thank you very much.
Sincerely,
4
Daryn Arai
copy via email: Maurice and Jiranan Thomas Trusts
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN.ARAI@OUTLOOK.COM
Planning Dept.
Exhibit 1
SPECIAL PERMIT APPLICATION
Applicant: Maurice Thomas
Request: Continued use of existing unpermitted
warehouse, distribution and administrative office
facilities in support of Applicant's businesses
Tax Map Key: (3) 1-5-009:385
Orehidland Estates Subdivision, Puna District
Hawaii Island
Prepared by: Daryn Arai, Land Use Planning Consultant
June 2022
SPECIAL PERMIT APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or Print the requested information)
APPLICANT Maurice Thomas
APPLICANT'S SIGNATURE: See authorization letter
ADDRESS: PO Box 28
Volcano. Hawaii 96785-0028
DATE: June 10, 2022
LIST APPLICANT'S INTEREST IF NOT OWNER:
TELEPHONE: (Bus.) (Horne)(808) 640-3923 (Fax)
REQUEST: To allow for continued use of an unpermitted 8,160 square foot warehouse, distribution and
administrative office facility and related facilities in support of Applicant's businesses
TAX NLAp KEY: (3) 1-6-009:385 ZONING: A-3a
AREA OF PROPERTY/AREA OF REQUESTED USE 1.045 acre
LANDOWNER: Maurice R. Thomas Trust and Jiranan Thomas Trust
1.045 acre
LANDOWNER'S SIGNATURE: See authorization letter DATE: June 10, 2022
(May be by letter)
LANDOWNER'S ADDRESS: PO Box 28
Volcano, Hawaii 96785-0028
AGENT: Daryn Arai, Land Use Planning Consultant
ADDRESS: PO Box 4501
Hilo, Hawaii 96720
TELEPHONE: (Bus.) (808) 895-3218 (Honnc) (Fax).
Please indicate to «-hone original correspondence and copies should be sent to:
ORIGINAL Applicants COPIES:
Darvn.Arai(@outlook.com
Agent
TO WHOM IT MAY CONCERN:
The undersigned below are the current owners of that 1.045-acre property identified as
TMK: 1-6-009:385 that is located within the Orchidland Estates Subdivision in the Puna District.
As landowners of the subject property, we hereby authorize the filing of a Special Permit
application to allow an existing warehousing/storage facility to remain in operation upon the
subject property. By this letter, we also authorize Daryn Arai, Land Use Planning Consultant, to
assist us with the processing of this application before the County of Hawaii.
f
Jiranan Thomas, trustee of the Jiranan Thomas Trust
Maurice Thomas, trutee of the Maurice R. Thomas Trust
Date
Date
SUPPORTING INFORMATION
REGARDING SPECIAL PERMIT APPLICATION FOR
MAURICE THOMAS
Affecting Tax Map Key: (3) 1-6-009: 385; Orchidland Estates Subdivision, Puna
A. LOCATION OF PROJECT SITE AND LANDOWNERSHIP
1. Applicant's Request
Maurice Thomas (Applicant), is requesting a Special Permit to allow for the
continued operation of an unpermitted warehouse, distribution and administrative
office facility (hereinafter referred to simply as "warehouse") that supports its
commercial retail and service operations in both Orchidland Estates Subdivision and
Volcano Village. The affected 1.045-acre property ("Project Site") is situated within the
State Land Use Agricultural District and requires the issuance of a Special Permit by the
Windward Planning Commission in order to allow for its continued operations.
2. Location of Property
The Project Site is situated within the Orchidland Estates Subdivision in the Puna
District, an approximately 14-mile drive from Downtown Hilo. Orchidland Estates
Subdivision is situated along the west (mauka) side of the Keaau-Pahoa Road (State
Highway 130), directly across of Hawaiian Paradise Park subdivision.
The Project Site, consisting of 1.045 acres, is located within Orchidland Estates
Subdivision and along the southeastern corner of the intersection of Orchidland Drive
and 34t" Avenue, and approximately 700 feet from the Orchidland Drive-Keaau-Pahoa
Road intersection, as shown below on Figure 1-Location Map and Figure 2-Vicinity Map
below.
3. Landownership
The 1.045-acre Project Site is owned by the Maurice R. Thomas Trust and Jiranan
Thomas Trust. Both Maurice and Jiranan Thomas, as trustees, have authorized the filing
of this Special Permit application (see Exhibit A -Authorization Letter).
B. STATEMENT OF OBJECTIVES AND PROJECT OPERATIONAL DETAILS
1. Statement of Obiectives and reasons for the reauest
The purpose of this request is to seek a Special Permit to allow for the continued
operation of an existing warehouse operations located immediately adjacent to the
Applicant's current retail operation, the Orchidland General Store, which includes a True
Value Hardware retail presence.
The warehouse operations also currently support the Applicant's other
commercial ventures, the True Value Hardware store and Thai Thai Bistro & Bar
restaurant in Volcano Village, located approximately 25 driving miles from the Project
Site via Kea`au.
Please note that the warehouse does not support any other businesses beyond
those owned and operated by the Applicant as described above.
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2. Project Structural and Operational Details (see Figure 3 — Site Plan)
a. Overall Scope: to allow for the continued use of a one-story (30-foot tall), 8,160
square -foot structure, for administrative, warehousing and distribution operations
associated with the Applicant's commercial retail and service activities located in
both Orchidland Estates Subdivision and Volcano Village. This central warehouse,
distribution and administrative facility efficiently supports the Applicant's other
retail and service businesses, eliminating the need to provide additional storage
capacity at each business location, especially when similar products are being sold at
both locations of their True Value hardware operations.
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b. Existing Warehouse facility: the existing 8,160 square foot warehouse, distribution
and administrative office facility consists of 7,200 square feet of warehouse and
distribution space and 960 square feet of office space. A gravel parking area is
provided capable of accommodating 11 standard -sized parking stalls as well as space
for a loading area, all of which will be paved should this request be approved unless
determined otherwise by the County.
c. Products: the warehouse facility accommodates a wide range of hardware products,
food, and liquor/beer that supports the Applicants' general store operations located
next door as well as their hardware store and restaurant operations in Volcano
Village. Ice is also being manufactured and stored at this facility within a
refrigerated storage container for distribution to the Applicant's various businesses.
This storage container will be relocated elsewhere on the property once the parking
area is established. The Applicant will coordinate with the Planning Department to
properly configure the proposed parking and loading areas, as well as to provide for
an appropriate location for the refrigerated container.
d. Access: access for the facility is currently provided by 34" Street, which is owned
and maintained by the Orchidland Community Association. The Applicant is
planning to abandon this existing driveway and construct a new driveway access
directly from Orchidland Drive.
e. Service area: the warehouse, distribution and administrative operations solely
serves the Applicant's existing retail and service operations in both Orchidland
Estates Subdivision and in Volcano Village, which includes:
i. Orchidland General Store: Located immediately adjacent to the Project Site
on TMK: 1-6-009:386 and includes a True Value Hardware retail presence.
ii. True Value Hardware store (Volcano): owned and operated by the Applicant.
iii. Thai Thai Bistro & Bar (Volcano): owned and operated by the Applicant.
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f. Days/Hours of Operation: administrative, warehousing and distribution activities
occur 7 days a week from 6:00 am to 6:00 pm.
g. Employees: the warehouse facility is staffed by three (3) administrative employees.
The warehousing and distribution operations is staff by four (4) warehouse
employees and one (1) driver.
h. Deliveries: Only one (1) large (8-foot by 40-foot) container shipment arrives each
month at this warehouse facility providing products to support the Applicant's True
Value Hardware retail operations. Once the container shipment is unloaded and
transported into the warehouse facility, the products are segregated and then
transported to the Applicant's businesses in Volcano via smaller delivery vans, which
amounts to approximately 12 daily deliveries.
As the Orchidland General Store is situated immediately to the east (makai) of the
subject property and existing warehouse facility, the transport of products from the
warehouse is directly via an existing dock situated between the two properties, with
the use of fork lifts and hand trucks to carry products.
3. Project Timeframe
Upon approval of the Special Permit, the Applicant will promptly apply for Plan
Approval and provide all necessary on -site improvements as may be deemed necessary
by the Windward Planning Commission, which may include a paved parking and loading
areas.
Every effort will be made to secure the necessary building permits for a change
of use of the existing structure to a warehouse and office building, if deemed necessary,
and complete all required improvements in a timely manner, roughly estimated at 2
years from the date of approval of the Special Permit.
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Figure 3 — Site Plan
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C. LAND USE AND OTHER REGULATORY CONSIDERATIONS
1. General Plan Designation: Medium Density Urban
The County of Hawai'i General Plan is the policy document for the long-range
comprehensive development of the island of Hawai'i. The General Plan Land Use
Pattern Allocation Guide (LUPAG) map, as shown on Figure 4 — General Plan LUPAG
Map, classifies the Project Site as Medium Density Urban. Medium Density Urban
allows for village and neighborhood commercial and single-family and multiple -family
residential uses up to 35 units per acre, and related functions. The General Plan also
identifies Orchidland Estates Subdivision as an Urban and Rural Center.
1213
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Figure 4 — General Plan LUPAG Map
2. Puna Community Development Plan
The Puna CDP (PCDP) was developed and adopted by the Hawaii County Council
on August 27, 2008. It became effective on September 10, 2008 as Ordinance No. 08
116. The Project Site is situated within the Orchidland Neighborhood Village Center, as
depicted on in Figure 5-3: Hawaiian Paradise Park Regional Town Center and Village
Centers within the PCDP, and as shown below as Figure 5 — Puna CDP, as emphasized.
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The Orchidland Village Center, extending along Orchidland Drive from the Keaau-
Pahoa Highway to halfway between 343th and 351" Avenues, encompasses a total of 16
acres and is intended to provide convenience -type retail uses and personal services that
will support a service population of 3,000 to 6,000 residents. Among the commercial
centers designated within the PCDP, neighborhood village centers are the smallest in
scale and located in underserved remote communities and in subdivisions with
relatively small lot sizes and significant rates of population growth.
Village centers are expected to include a mix of uses, including small -lot and
higher density residential, retail and office commercial, service -type light industrial, and
public and quasi -public facilities, such as schools, churches and parks. Such is the case
along this particular section of Orchidland Drive, which has a church, retail and service
activities and soon, a school. The warehouse operations being conducted by the
Applicant is in direct support of their neighboring Orchidland General Store.
In addition to the map, the CDP established three (3) major themes:
• Malama I Ka'Aina which "establishes how the contextual natural, historic
and cultural features of Puna should be preserved." (emphasis added)
• Growth Management which "addresses how the future pattern of human
settlement and land use should be shaped to respect that context and
support the desired quality of life for Puna's residents." (emphasis added)
• Transportation which "focuses on sustainable approaches to transportation
to support the goals of the two above themes."
Relative to the Malama 1 Ka'Aina theme, four (4) major elements were identified
and assigned goals, objectives, and actions. These elements and their relationship to
the proposed action follow:
1. Historic, Cultural, and Scenic Resources
The Project Site has been entirely cleared of all vegetation and
permitted and developed as a warehouse facility. As such, it would appear
that archaeological resources within the Project Site are probably non-
existent. Nonetheless, should there be inadvertent discoveries during the
construction of this project, work will stop and contacts with the County
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Planning Department and State Historic Preservation Division will be made.
The location of the Project Site adjacent to and mauka of existing
commercial and other community -related facilities do not present the area
as having value as a scenic resource.
2. Native Forests and Geological Features
Given the location of the Project Site and its extensively developed
condition, the goals and objectives of this element would not be applicable
to the proposed project. The Project Site is not part of any established native
forest area, neither does it have any significant or unique geological features.
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Figure 5 — Puna CDP (note: Project Site highlighted)
Orchidland
4 Neighborhood
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3. Aquifers, Coastal Waters and Stormwaters
The Project Site is not proximate to potable wells in this area.
Notwithstanding that factor, the Project Site utilizes an existing cesspool for
wastewater disposal that is located at the southeastern corner of the existing
parking area in the vicinity of stall "1" as shown on Figure 3 - Site Plan. The
Applicant will work closely with the Department of Health to determine
whether the existing cesspool can continue to be utilized or if a septic system
will be required. Regardless, the Applicant will comply with Department of
Health regulations regarding wastewater disposal.
All storm water generated by the project will be disposed of on -site in
accordance with the approval of the State Department of Health and through
the NPDES permitting system, which will ensure the objective of not only
storm water containment but protection of groundwater will be fulfilled.
Given the above, combined with the fact that the Project Site is over
four (4) miles from the ocean, the goals and objectives of this element would
be fulfilled.
4. Shoreline Area
As the site is not a shoreline or coastal property, this element is not
applicable.
The other theme is Managing Growth. For this, six (6) elements were identified.
These elements and their relationship to the project follow.
1. Land Use Pattern
The Implementation Section (Chapter 5) of the CDP identifies, among
others, Neighborhood Village Centers within which such commercial centers
are designated within the PCDP. The Project Site is situated within the
Orchidland Neighborhood Village Center along with other commercial uses
and community services immediately adjacent to the east and directly across
Orchidland Drive.
9 1 P a g e
Further, Section 5.2.1 of the CDP focuses on the land use entitlement
process as it relates to regional town centers and community village centers
states that "Future zone changes and State land use boundary amendments
for the regional town centers and community village centers at Kea'au,
Pahoa, and Hawaiian Paradise Park shall be consistent with the LUPAG map
designations of the General Plan." (Emphasis added). No commercial zoning
has been established for any of the existing commercial uses and community
services anywhere within the Orchidland Estates Subdivision. All existing and
soon -to -be established commercial uses and community services have been
established through the issuance of Special Permits. While this section of the
PCDP speaks to zoning entitlements, it is fair to say that the issuance of a
Special Permit to allow for the continued warehouse operations on the
Project Site is consistent with its designation for Medium Density Urban uses
by the General Plan LUPAG map.
Given the above, this request is being evaluated against the
articulated goals and objectives of the Managing Growth theme. The request
would be consistent with the following Goals of the PCDP:
• Improves the quality of life and expands economic opportunity for Puna's
residents.
• Reduces the exposure to high risk from natural hazard situations.
• Makes services and community facilities more accessible in village/town
centers.
In that regard, the proposed project is intended to be supportive of
the needs of the community. Having the warehouse and distribution facility
immediately adjacent to its existing retail outlet on the adjoining property
provides the ability to concentrate Commercial -supporting facilities within an
area that is designated as a Neighborhood Village Center by the PCDP.
Hence, the project's location would not necessarily foster urban commercial
sprawl.
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2. Agriculture and Economic Development
The PCDP identifies the following:
Goals
• Increase opportunities for diversified agriculture
• Preserve lands for agricultural use
• Increase local market share of Puna agricultural products
Objectives
• Discourage urban growth and further subdivision on lands that have been
identified as having agricultural value
The subject site is currently improved for administrative and
warehouse operations in support of the Applicant's businesses and is,
therefore, not being utilized for any agricultural purposes. Prior to its current
use, the Project Site, consisting of A`a lava with very little soil, was not being
utilized for agricultural purposes. As such, the proposed project should not
have an adverse impact on the agriculture industry since the location, size
and soil conditions do not present the Project Site has having any significant
agricultural value.
3. Social Services and Housing
As this is not a housing project, this section is not applicable.
Indirectly, however, by providing employment opportunities in an area that
is proximate to lower Puna, allowing for the continued operation of this
warehouse facility would reduce commuting time and expenses. In that
regard, it could afford employees and employers to devote more time to
their families and the community.
4. Public Safety and Sanitation Services
Public safety services are available nearby in Kea`au and Pahoa. All
solid waste generate by the project are being disposed of at either the
transfer station in Kea`au or at the Hilo Transfer Station. No sewer system
exists in the subject area, and the Applicant will comply with Department of
Health requirements regarding proper wastewater disposal methods.
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5. Parks and Recreation
This section is not applicable, as the project would have no direct
impacts on parks. Nonetheless, there are existing park facilities in the
villages of Kea'au and Pahoa. Then, too, the site is not listed for any future
trails or park related uses.
6. Energy Sustainability
The intent of the Applicant's warehousing operations is to centralize
its needs in a single location, rather that providing such business support
operations at its three business locations between Orchidland Estates
Subdivision and Volcano Village, necessitating more and farther vehicular
trips than that generated by a centralized warehouse facility.
The third theme is Transportation. This theme identifies, as it pertains to the
subject request, the following goals and objectives:
Goals
• Reduce percentage of residents who commute to employed outside of
Puna.
Objectives
• Provide more services and employment within Puna's village and town
centers.
• Create new employment opportunities in Puna to reduce long
commuting.
It also identifies five (5) elements. The project's relationship to these elements
follows.
1. Traffic Demand Management
Although the intended uses will generate traffic, its impacts are
minimal. The recent installation of signalized lights at Shower and Pohaku
Drives at their intersections with the Keaau-Pahoa Road creates gaps in the
flow of traffic along the highway, facilitating left turns onto the highway from
Orchidland Drive. At only 12 deliveries daily, the continued operation of the
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warehouse facility is not anticipated to have a significant impact upon
Orchidland Drive nor its intersection with the Keaau-Pahoa Road.
Further, the Project Site's location helps to reduce the number and
frequency of deliveries since one of the Applicant's businesses is right next
door along Orchidland Drive, with the other two businesses in Volcano
Village. The warehouse facility stores products for both businesses, thereby
further reducing the need for special deliveries between the Applicant's
hardware store and restaurant in Volcano Village.
2. Mass Transit
This element is not applicable, as this site is not part of any proposed
transit hub nor does it generate a significant amount of traffic from either
workers or clients.
3. Roadway Network
As discussed earlier, the Project Site is located along Orchidland
Drive, which also provides access to other commercial uses and service
operations within the immediate area, along with a proposed school to be
located practically across the street. The Project Site is, for all intents and
purposes, located within the central commercial hub of Orchidland Estates
Subdivision.
4. Highways
Access to the Project Site is provided by the Keaau-Pahoa Road (State
Highway 130). While this intersection is not signalized, the requested use
will be limited to the storage and distribution of products to the Applicant's
store on the adjoining property as well as their hardware store and
restaurant in Volcano Village. Daily vehicular trips will therefore be limited
to about 12 deliveries per day. As previously mentioned, signalization of
other nearby intersections have created gaps in the traffic flow along the
Keaau-Pahoa Road, facilitating turning movements from Orchidland Drive.
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5. Non -Motorized Travel and Scenic Byways
The subject site is not part of any proposed non -motorized travel
area, such as a bikeway. There are also no known trails within the subject
site. Accordingly, the project would not be incongruous with this element.
The CDP also has a table (Table 5-1) that outlines general use and design criteria.
Relative to the Neighborhood Village Center and the subject request:
a. The service area population is geared for 3,000 to 6,000 residents. The
Applicant's project is intended to supplement and complement its existing
retail operations right next door at the Orchidland Convenience Center.
While the warehouse operations also service the Applicant's businesses in
Volcano Village, the mere fact is that this warehouse provides greater
capacity than what can be accommodated at each individual business,
thereby reducing the overall frequency of bulk deliveries.
b. The Project Site is situated within the Orchidland Neighborhood Village
Center, which is about 16 acres in size, a bit larger than the 10 acres specified
within the PCDP. However, both the Project Site surrounding area has a long
history of approvals related to commercial uses and service facilities within
this particular section of Orchidland Estates.
c. Direct access from the Project Site is provide by Orchidland Drive. The access
location and driveway connection improvements will be in accordance with
the requirements of the County Department of Public Works. The Project
Site's existing access onto 341" Avenue will be terminated.
In summary, approval of the requested Special Permit is consistent with the
Neighborhood Village Center concept. Further, it is also consistent with the themes and
corresponding policies and objectives of the CDP.
3. State Land Use Designation: Agricultural
The Project Site is situated within the State Land Use Agricultural District (see
Figure 6 — State Land Use), which includes lands for the cultivation of crops,
aquaculture, raising livestock, wind energy facility, timber cultivation, agriculture -
support activities (i.e., mills, employee quarters, etc.) and land with significant potential
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for agriculture uses. Uses permitted in the highest productivity agricultural categories
are governed by statute. Uses in the lower -productivity categories — C, D, E or U — were
established by the Land Use Commission to include those uses allowed on A or B lands
as well as those stated under Section 205-4.5, Hawai`i Revised Statutes. Note that
agricultural suitability of soils within the Project Site is considered as Class E, or Very
Poor.
4. County Zoning: Agricultural-3 acres minimum lot size (A-3a)
The Project Site, as is all of Orchidland Estates Subdivision, is designated Agricultural-
3-acre minimum lot size (A-3a) by the Zoning Code. The Agricultural (A) zoning district
provides for agricultural and very low density agriculturally -based residential use,
encompassing rural areas of good to marginal agricultural and grazing land, forest land,
game habitats, and areas where urbanization is not found to be appropriate.
See Figure 7 —Zoning.
SUBJECT PROPERTY .
A R X %
AWAI IAN P"A'7f'j!]��(/�{;DISE
PARK
Figure 6 —State Land Use
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'SUBJECT PROPERTY
HAWAIIAN PARADISE
Figure 7 — Zoning
5. Coastal Zone Management, HRS, Chapter 205A
The entire State of Hawai'i lies within the Coastal Zone Management area. The intent of
the Coastal Zone Management Program is to guide and regulate public and private uses
in the coastal zone management area with respect to recreational resources, historic
resources, public access to the shoreline, scenic and open space resources, coastal
ecosystems, marine resources, economic uses, coastal hazards, managing development,
public participation, and beach protection.
6. Special Management Area (SMA)
The Special Management Area is a part of the Coastal Zone Management Program that
is regulated by the County, established to promote the State's policy to preserve,
protect, and where possible, to restore the natural resources of the coastal zone of
Hawai'i. Therefore, special controls on development within the area along the shoreline
are necessary to avoid permanent loss of valuable resources and the foreclosure of
management options, and to ensure that adequate public access is provided to public -
owned or used beaches, recreation areas, and natural reserves, by dedication or other
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means. The Project Site is located approximately 4 miles from the nearest coastline and
from any lands situated within the SMA.
D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA
1. Proiect Site
The 1.045-acre Project Site (see Figure 3-Aerial Site Plan) is rectangular in shape with a
width along Orchidland Drive of approximately 145 feet and a length along 34tb Avenue
of approximately 315 feet. The Project Site, located at the southeastern corner of
Orchidland Drive and 34tb Avenue, is extensively improved as it accommodates the
existing warehouse facility and associated gravel driveway and parking improvements.
The warehouse facility and associated improvements are largely concentrated within
the southern half portion of the Project Site, with the remaining portion fronting
Orchidland Drive extensively landscaped, especially along its border with Orchidland
Drive. The entire Project Site is bordered by a low rock retaining wall that is then
topped with chain link fencing
2. Parcel Background Information
a. July 3, 2003 —Building Permit No. 31370 issued to allow for the construction of a
new dwelling on the Project Site. This dwelling was never constructed.
b. July 15, 2003 — Building Permit No. 31453 issued to allow for the construction of
the existing warehouse complex. Real Property Tax Division records appear to
classify this building as an Industrial use.
c. June 7, 2005 — Building Permit No. B2005-1402H issued for the construction of
an addition to the existing warehouse complex to accommodate its existing
administrative operations.
3. Surrounding Zoning/Land Uses
The Project Site is situated approximately 13.5 miles from Downtown Hilo, within an
area or Orchidland Estates Subdivision that has been witnessed to decades of
community services and commercial development, such as:
a. The Church of Jesus Christ of Latter Day Saints located two properties (300 feet)
away at the intersection of the Keaau-Pahoa Road and Orchidland Drive. The
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church, situated on 3 acres of land, was established via the issuance of Special
Permit No. 451 on April 24, 1980.
b. Orchidland Estates Convenience Center, located immediately adjacent to the
east. This convenience center, situated on 2 acres of land, was established via
the issuance of Special Permit No. 569 on December 12, 1984.
Special Permits have also been issued for other commercial uses within the immediate
area that have yet to be constructed or established, such as:
a. Outlet or sales of agricultural and non-agricultural products, a real estate office
and commercial kitchen on %-acre of land located at the northwestern corner of
the Keaau-Pahoa Road and Orchidland Drive intersection, approved via the
issuance of Special Permit No. 09-000098 on June 4, 2010.
b. Located one lot away along the opposite side of Orchidland Drive is the former
administrative offices of Sure Save Supermarket, situated on just under 1-acre of
land and approved via Special Permit No. 07-000046 on October 5, 2007.
c. Located at the northwestern corner of Orchidland Drive and 341" Avenue
intersection opposite the Project Site is the proposed Orchidland Trade Center,
to be established on 2.3 acres of land via Special Permit No. 870 issued on
May 19, 1994. This Special Permit was subsequently revoked and a new Special
Permit 21-000228 was issued on October 7, 2021 to allow the Hawaii Academy
of Arts and Sciences to construct and operate an elementary charter school
capable of accommodating up to 175 students.
Beyond this immediate area along Orchidland Drive and 341" Avenue are a mix of farms,
single-family residences and vacant parcels that comprise Orchidland Estates
Subdivision, which is predominately zoned A-3a.
4. ALISH
Soils within the Project Site are not classified by the Agricultural Lands of Importance to
the State of Hawaii.
5. Land Study Bureau's Detailed Land Classification System
The soils within the Project Site are classified as Class "E" or "Very Poor" for agricultural
productivity.
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6. US Soil Survey
Soils within the Project Site consists of A`a lava flows (rLV), which have very little soil
covering and is bare of vegetation, except for mosses, lichens, ferns and small ohia
trees.
7. FIRM
The entire project site is designed within Zone "X" - determined to be outside the 500-
year flood plain. There are no known drainageways traversing through the Project Site.
8. Flora/Fauna Resources
No professional floral and faunal survey was conducted upon the Project Site due to its
past clearing, grading and improvement as a warehouse facility. Therefore, the
Applicant does not believe that rare or endangered floral or faunal resources are likely
to be found within or proximate to the Project Site. Vegetation found on the Project
site was established at the time the site was graded in 2003. Introduced plants planted
within the front portion of the Project Site facing Orchidland Drive include lemon,
mango and jackfruit, along with various ornamental plants. It could be possible that
introduced bird species such as dove, Japanese White -eye, house finch and myna can
frequent the Project Site, as it does throughout the area. Domestic animals such as cats,
dogs and other animals such as rats and feral pigs are probably also common.
9. Archaeological Resources
An archaeological inventory survey of the Project Site was not conducted due to its
significantly improved nature. Past ground disturbance activities within the Project Site,
which included backfilling, would indicate that the potential for subsurface
archaeological resources is unlikely.
10. Cultural or Native Gathering Rights
A cultural impact assessment (CIA) of the Project Site was not prepared due to the
improved nature of the Project Site and immediately surrounding area. Given the that
the Project Site is absent of any archaeological features due to its intensively disturbed
condition, and due to its location about 4.5 miles from the shoreline, it can be
reasonably concluded that native Hawaiian cultural practices are not being exercised
within the Project Site. There are no caves, springs, pu`u, native forest groves or other
19 1 Page
natural features within the Project Site that would serve as resources for cultural
practices.
11. Public Access
There is no record of a designated public access to the shoreline or mountain areas that
traverses through the Project Site.
E. PUBLIC UTILITIES AND SERVICES
1. Access
Orchidland Drive provides for the primary access to the Project Site from the Keaau-
Pahoa Road. While the Project Site currently gains access via 341" Avenue, that driveway
will be abandoned in favor of a new driveway connection with Orchidland Drive.
Orchidland Drive, which is 60-feet wide and is privately owned and maintained by the
Orchidland Community Association (OLCA), has a pavement width of approximately
28 feet at the intersection with Keaau- Pahoa Road which then narrows to
approximately 24 feet in proximity to the Project Site.
2. Traffic
Current operations at the warehouse facility involves employees, currently numbered at
eight (8), arriving before 6:OOam and departing after 6:OOpm, 7 days a week. During
warehouse operational hours, the Applicant state that approximately 12 deliveries are
made to their businesses throughout the day. Large container deliveries are about once
per month, having minimal impact upon traffic, especially with the construction of a
new driveway onto Orchidland Drive. The volume of traffic generated by the existing
warehouse operations will not have a detrimental effect upon traffic movements along
Orchidland Drive or at its intersection with the Keaau-Pahoa Road.
Other Special Permit applications within the immediate area have generated concerns
from the Orchidland Community Association regarding the condition of Orchidland Drive
and questions over its continued maintenance. The Applicant is aware of and currently
makes annual payments of the Mandatory Road Maintenance Assessment (MRMA) fee
that is assessed upon commercial users along Orchidland Drive that is intended to
address the on -going maintenance concerns.
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3. Water
County water is currently provided from the adjoining property to the east that hosts
the Orchidland Convenience Center. The Applicant understands that this current
arrangement may not be permitted by the Department of Water Supply and that further
assessment of this current water -sharing arrangement will be necessary. A May 31,
2022 discussion with the Department of Water Supply indicated that County water
could be made available via a 5/8-inch meter located at the Keaau-Pahoa Road
intersection of Orchidland Drive, subject to necessary approvals by the State
Department of Transportation and securing necessary easements to extend this new
waterline to the subject property. The Applicant will also comply with all requirements
of the Fire Department for providing adequate fire suppression, whether by an on -site
water catchment system, connecting with the adjoining Orchidland Convenience Center
fire suppression water system, or other alternatives.
4. Wastewater
Wastewater generated by the existing warehouse operations are disposed of within an
existing cesspool.
5. Solid Waste
Any solid waste generated by the warehouse operations are currently being disposed of
at the nearby County solid waste disposal transfer facilities located along the Keaau-
Pahoa Road.
6. Essential Utilities and Services
Typical utilities, such as electrical and telephone services, are already provided to the
Project Site and currently supporting the existing warehouse operations.
7. Public Safety
Police, fire and medical services are located nearby in the towns of Keaau and Pahoa.
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F. STATEMENT OF REASONS IN SUPPORT OF GRANTING SPECIAL PERMIT
1. Such use shall not be contrary to the objectives sought to be accomplished by the
Land Use Law and Regulations
The request is considered an unusual and reasonable use of agricultural lands.
The requested use will not adversely affect the preservation and agricultural use of the
County's prime agricultural land and therefore, is not contrary to the objectives sought
to be accomplished by the State Land Use Law and regulations. The General Plan
identifies the Project Site for Medium Density Urban uses and the Puna Community
Development Plan similarly identifies it as a part of the Orchidland Neighborhood Village
Center. Clearly, this particular section along Orchidland Drive is targeted towards being
the commercial hub for Orchidland Estates Subdivision, and not to be preserved for
agricultural uses. Furthermore, the Project Site is not classified by the ALISH system as
important agricultural land, as witnessed by its soils consisting of A`a lava flows. Finally,
the Land Study Bureau finds that the agricultural potential of these soils is Very Poor.
Therefore, for the reasons as discussed above, to commit the Project Site to its
continued use as a warehouse facility is an unusual and reasonable use of very marginal
agricultural lands that will not compromise the island's inventory of valuable agricultural
lands.
2. The desired use shall not adversely affect surrounding properties
Aside from the fact that the existing warehouse facility has operated within the
Project Site for close to 20 years, the Applicant's are committed to managing their
warehousing operations in a responsible manner, as they have always done, that is
respectful of their neighbors and community. The limited number of employees, the
limited operations to daylight hours only, the limited deliveries and the relocation of the
driveway access from 34t" Avenue to Orchidland Drive are all part of their efforts to
remain a responsible member of the business community and the broader Orchidland
Estates community.
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3. Such use shall not unreasonably burden public agencies to provide roads and streets,
sewers, water, drainage, school improvements, and police and fire protection
Access between the Project Site is provided by Orchidland Drive, a privately -
maintained roadway with a pavement width meandering between 24 and 28 feet wide
within a 60-foot wide right-of-way. The Applicant will abandon its current 34t" Avenue
driveway and construct a new driveway directly accessing Orchidland Drive, which is
much better suited to accommodate the traffic generated by the warehousing activities.
The Applicant has been participating in the Mandatory Road Maintenance Assessment
(MRMA) fee that is assessed upon commercial users along Orchidland Drive in an effort
to address the on -going maintenance concerns, and will continue to participate should
this Special Permit be granted. Water is available to the Project Site and wastewater is
handled by an existing cesspool. Protective and medical services are available nearby in
the towns of Pahoa and Kea`au.
4. Unusual conditions, trends, and needs have arisen since the district boundaries and
regulations were established
Since the district boundaries and regulations were established in the 1960s and
1970s, the County has processed a number of Special Permits to allow various
commercial uses and community service activities on properties along Orchidland Drive
extending from the Keaau-Pahoa Road to halfway between 34t" and 35t" Avenues.
These concentrations of approved urban -type activities lead to the recognition of this
area within Orchidland Estates Subdivision as its commercial hub or core, as witnessed
by both the General Plan and Puna Community Plan recognizing this area as the
neighborhood village center and encouraging the concentrations of commercial uses in
this particular area. Most recently, the Windward Planning Commission approved a
Special Permit almost directly across the Project Site along 34t" Avenue to allow for the
establishment of a charter school accommodating up to 175 students and 20 faculty.
With an existing commercial convenience center, church, gas station and hardware
store, this particular area within Orchidland Estates Subdivision has matured into a
proper urban center that supports the surrounding community that includes all of
Orchidland Estates, Hawaiian Paradise Park and Ainaloa subdivisions.
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5. The land upon which the proposed use is sought is unsuited for the uses permitted
within the district
The Project Site is currently not used for any agricultural purpose. Soils with the
Project Site are classified as "E" or "Very Poor" for agricultural productivity. Beyond its
classification, the Project Site has been significantly disturbed as part of its development
as a warehouse facility for close to 20 years. The Project Site, like its immediately
surrounding lands, is designated as the commercial village center for Orchidland Estates
Subdivision.
6. The proposed use will not substantially alter or change the essential character of the
land and the present use
For what it is worth, the Project Site has been utilized for warehousing
operations for close to 20 years. This particular section along Orchidland Drive is
designated as its commercial center. Therefore, the continued operation of the existing
warehouse facility will not be out of character based on historical commercial -type uses
within the immediate area and the warehousing operations within the Project Site that
has existed for the past two decades which also supports the adjoining Orchidland
General Store.
7. The request will not be contrary to the General Plan and official Community
Development Plan and other documents such as Design Plans
In considering the issuance of a Special Permit to allow a particular use, it must
be assessed against the applicable goals, policies and standards of the General Plan. It is
only through a comprehensive policy analysis approach that evaluations and decisions
can be made to better time or stage developments to achieve quality growth. The
implications of these evaluations and decisions must also be considered as they may
have an impact on other similar areas in the County.
Land use is one of the principal focal points of public concern and policy. The
Land Use Element of the General Plan provides the primary basis for direct control and
guidance of publicly and privately owned resources. It is also intended to be used as a
policy guide for the coordinated growth and development of all sectors of the County. It
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sets forth goals, policies, standards and courses of action to accommodate growth
without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to coordinate
these uses with the County's service and circulation systems. The overall Land Use
goals, policies and standards are set forth to physically plan the lands in the County in
the best interest of the island's residents.
In addition to its goals, policies and standards, the General Plan also includes the
Land Use Pattern Allocation Guide (LUPAG) Map, which is a graphic representation of
the document's goals and policies to guide the coordinated growth and development of
all sectors of the County by presenting a graphic depiction of the physical relationship
among the various land uses. The LUPAG Map establishes the basic urban and non -
urban form for areas within the County.
The General Plan LUPAG Map designate the Project Site and immediately
surrounding area for Medium Density Urban uses, and similarly the Puna Community
Development Plan identifies the same area as the Orchidland Neighborhood Village
Center. Due to the relationship of the existing warehouse operations in supporting the
Applicant's adjoining retail operations, it continued use is really is not incompatible with
the nearby commercial uses and service facilities.
As evidenced by the granting of a number of Special Permits for various
commercial and community service types of activities within this particular section of
Orchidland Estates Subdivision, the Project Site and its immediately surrounding area
has, over many decades, proven itself as the commercial hub of Orchidland Estates
Subdivision. A convenience store, hardware store, gas station, a church and even a
proposed school is centered along this section of Orchidland Drive. While the
warehousing activities are typically considered Industrial in nature, in this particular
case, it could also be commercial in nature as it directly related to and supports the
Applicant's existing businesses in Orchidland Estates Subdivision and Volcano Village.
Therefore, allowing for the continued operation of the existing warehouse facility would
complement the following goals and policies of the Land Use and Economic elements of
the General Plan:
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Land Use —Commercial Element:
• Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
• Distribution of commercial areas shall meet the demands of neighborhood,
community and regional needs.
Land Use - Industrial Element:
• Designate and allocate industrial areas in appropriate proportions and in
keeping with the social, cultural, and physical environments of the County.
• Industrial development shall be located in areas adequately served by
transportation, utilities, and other essential infrastructure.
Economic:
• The County shall strive for diversification of its economy by strengthening
industries and attracting new endeavors.
• Economic development and improvements shall be in balance with the
physical and social environments of the island of Hawaii.
G. GROUNDS FOR APPROVAL OF A SPECIAL PERMIT (Planning Department Rule Section 6-7)
The Planning Commission shall not approve a Special Permit unless it is found that the
proposed use:
1. Is an unusual and reasonable use of land situated within the Agricultural or Rural
District, whichever the case may be.
In recognizing that lands within Agricultural districts might not be best suited for
agricultural activities and yet classified as such, and in recognition that certain types of
uses might not be strictly agricultural in nature, yet reasonable in such districts, the
Legislature has provided for the Special Permit process to allow certain unusual and
reasonable uses within the Agricultural district. As discussed above, this particular area
along Orchidland Drive that includes the Project Site has been witnessed to the issuance
of many Special Permits over many decades in support of various commercial uses and
community services, such as convenience store, hardware store, gas station, church and
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soon, a new school. Both the General Plan and Puna Community Development Plan
recognizes this area as the commercial hub for this particular section of Puna and its
many nearby communities. The physical characteristics of the Project Site and its
proximity to existing commercial activities is clearly not conducive to any form of
potential agricultural activity. Therefore, with the guidance of historical land use
patterns now memorialized in land use plans, granting of this Special Permit to allow for
the continued operation of the existing warehouse is an unusual and reasonable use of
this Project Site that is situated within the Agricultural District.
2. Would promote the effectiveness and objectives of Chapter 205, Hawaii Revised
Statutes, as amended.
The State Land Use Law and Regulations are intended to preserve, protect and
encourage the development of lands for those uses to which they are best suited in the
interest of the public welfare of the people of the State of Hawai'i. In the case of the
Agricultural District, the intent is to preserve or keep lands of high agricultural potential
in agricultural use. Soils within the Project Site are identified as A`a lava, which have
very little soil covering and is bare of vegetation, except for mosses, lichens, ferns and
small ohia trees. Soils are classified as "E" or "Very Poor" soil by the Land Study
Bureau's Overall Master Productivity Rating. This simple fact is that about half of the
Project Site is improved to support the existing warehousing activities. What little
remains of the relatively small, 1.045-acre property is simply not recognized as having
high capability to support any significant agricultural activity.
The Project Site and surrounding area within this particular section of Orchidland
Estates Subdivision has seen a number of commercial uses and community service
activities established over many decades, including most recently the approval of a
school along Orchidland Drive almost directly across the street from the Project Site.
The very poor agricultural potential of lands within the Project Site. Therefore, the
issuance of a Special Permit to allow for the continued operation of the existing
administrative, warehousing and distribution activities within the Project Site will not
displace any existing agricultural activity. Therefore, the requested use will not
adversely affect the preservation and agricultural use of the County's prime agricultural
271 Page
lands, and is not contrary to the objectives sought to be accomplished by the State Land
Use Law and Regulations.
H. COASTAL ZONE MANAGEMENT
The requested Special Permit, if approved, will not be contrary to Chapter 205A,
Hawaii Revised Statues, relating to Coastal Zone Management. The Project Site is not
situated within the Special Management Area, being located at least 4 miles from the
nearest shoreline and is not subject to any coastal hazard nor anticipate to have any
adverse impact upon coastal resources such as coastal recreational and marine
resources, coastal ecosystems or the public use and recreational use of any beach.
There is no record of a designated public access that traverses the Project Site.
Given the that the Project Site is absent of any archaeological features due to its
extensively disturbed condition during construction of the warehouse facility, it can also
be reasonably concluded that native Hawaiian cultural practices are not being exercised
within the Project Site. There are no caves, springs, pu`u, native forest groves or other
natural features. What little portion of the Project Site is not covered by buildings or
driveway and parking improvements do not contain the quality of resources that would
be important for native gathering. Therefore, it is not anticipated that allowing for the
continued operation of the warehouse facility will impact any cultural practices.
Therefore, it is not anticipated that the request will have any adverse impact on cultural
or historical resources in the area.
The Project Site is situated within an area designated for commercial uses and
identified as a neighborhood village center by the General Plan and Puna Community
Development Plan. While assessing the requested use by itself finds it basically
industrial in nature, it is actually an extension of the Applicant's existing retail operation
immediately next door at the Orchidland General Store. Instead of providing storage at
each of their business locations, simple economies of scale made it more reasonable to
provide a central storage and distribution facility for their businesses both within
Orchidland Estates Subdivision and in Volcano Village. Therefore, this request is
supportive of the County's efforts towards properly managing development.
281 Page
Finally, in terms of the public participation objective, this is generally a public
agency function. This is achieved through the public hearing process required pursuant
to the Planning Commission's Rules and County Council's meetings on this application.
Notices of this application will become available through the posting of a sign on the
property, as well as sending two (2) notices to surrounding property owners, one at the
time the application is filed and again, prior to the public hearing.
In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka `Aina"
decisions, the issue relative to native Hawaiian gathering and fishing rights must be
addressed in terms of the cultural, historical, and natural resources and the associated
traditional and customary practices of the site. As the Project Site is located about
4 miles from the shoreline and has been significantly altered in the past, no valued
cultural, historic, or natural resources related to traditional and customary practices
were identified or expected within the Project Site, and no traditional and customary
native Hawaiian rights are exercised therein. For these reasons, the Applicant could find
no evidence of any possible significant adverse effects or impairments that will occur to
any valued resources should this Special Permit request be approved. Should the
Applicant inadvertently encounter any remains of historic sites, such as rock walls,
terraces, platforms, marine shell concentrations or human burials, the Applicant agrees
to cease work in the immediate area and contact the Department of Land and Natural
Resources -State Historic Preservation Division (DLNR-HPD), resuming activities only
upon securing archaeological clearance from DLNR-HPD when it finds that sufficient
mitigation measures have been taken.
The Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka `Aina" decisions
require decision -makers to consider a project's impact to native Hawaiian gathering and
fishing rights. Specifically, there must be a discussion of the cultural, historical, and
natural resources and associated traditional and customary practices of this site and the
impact of this project to these resources and practices. For close to 20 years, this
property has operated as a warehouse facility in support of the Applicant's businesses.
During construction of the facility, the Project Site was extensively graded and backfilled
to provide a level foundation for the warehouse structure and associated driveway and
29 1 Page
parking area. Whether the Project Site once contained any natural or cultural resources
that supported any traditional and customary practices are unknown, but highly unlikely
given the location of the Project Site and typical conditions on surrounding properties.
Also being located about 4 miles from the ocean would eliminate any concerns
regarding coastal -related resources and practices that could be impacted by allowing for
the continued warehouse and related operations within the Project Site.
I. CONCLUSION
Based on the discussion above, the Applicant finds that the issuance of a Special Permit
to allow for the continued operation of its administrative, warehousing and distribution facility
within the Project Site consisting of 1.045 acres and situated within the State Land Use
Agricultural District would support the objectives sought to be accomplished by the State Land
Use Law and Regulations.
301 Page
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAI I
DATE: August 3, 2022
w4wel"449M
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2022-000017)
Applicant: Maurice and Jiranan Thomas Trust
Request: To Legitimize the Use of an Existing Warehouse and Office
Facility for Warehousing, Distribution and Administrative
Operations Related to Retail and Service Activities in
Orchidland Estates and Volcano Village
TM K: 1-6-009.385
We have reviewed the subject request forwarded by your memo dated July 12, 2022 and
provide the following:
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500-year floodplain.
We have no other comments since the request is to use an existing warehouse fronting
privately owned roads and there are no open violations associated with this property.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dap;.
Exhibit 2
County of Hawaii is an Equal Opportunity Provider and Employer
BUILDING DIVISION - DPW
COUNTY OF HAWAI'I - 101 Pauahi Street, Suite 7 - Hilo, Hawaii 96720
Hilo office (808) 961-8331 ■ Fax (808) 961-8410 Kona office (808) 323-4720 ■ Fax (808) 327-3509
August 10, 2022
TO:
Christian Kay
County of Hawaii — Planning Dept.
East Hawaii Office
101 Pauahi St. #3
Hilo, HI. 96720
SUBJECT:
Special Permit Application (PL-SPP-000017
Maurice and Jiranan Thomas Trust
TMK: (3) 1-6-009:385
CON PLANNING DEPT
AUG 112022 PH3:32
REC'D HAND DELIVERED
This is to inform you that our records on file, relative to the status of the subject
discloses that:
❑ No Building permit was issued for work done on the premise.
® No building permit was issued for the change of occupancy.
❑ At the time of completion, the subject complied with all Building Code
regulations that were in effect.
❑ Variance from any building regulation (Building, Electrical, Plumbing, or
Sign) was/was not granted.
❑ The following violations(s) still outstanding:
❑ Building ❑ Electrical ❑ Plumbing ❑ Sign
® Others: A building Permit shall be obtained to ensure fire, life and safety of
the occupants
This status report reflects Building Division records only and does not include
information from other agencies.
Should you have any questions regarding maters contained herein, please feel
free to contact Chris Domino at phone no. (808) 323-4720
Hawai'i County is an Equal Opportunity Provider and Employer
8Q-10
Planning Dept.
Exhibit 3
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI
345 KEKUANAO'ASTREET. SUITE 20 • HILO, HAWAI'I 96720
TELEPHONE (808) 961-8050 - FAX (808) 961-8657
July 18, 2022
TO: Mr. 7.endo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager -Chief Engineer
SUB.IECT: Special Permit Application (PL-SPP-2022-000017)
Applicant — Maurice and Jiranan Thomas Trust
CDH PLANNING DEPT
JUL 20 2022 Hi"7: 17
REC'D HAND DELIVERED
Request: To Legitimize the Use of an Existing Warehouse and Office Facility for
Warehousing, Distribution and Administrative Operations Related to Retail and
Service Activities in Orchidland Estates and Volcano Village
Tax Map Key 1-6-009:385
We have reviewed the subject request and have the following comments.
Please be informed that the subject parcel is currently served by an existing 2-inch master meter
(Account No. 030-04010). The current allotment for the master meter can be shown below:
Tax Map Key
Existing Meter
Allotment of
Account No.
Size
Equivalent Units
of Water
1-6-009.388
2-inch
12
030-04010
1-6-010:093
--
17
030-04010
*One (1) unit of water, or one (1) 518-inch meter, per existing lot of record, which is limited to an
average daily usage of'400gallons
Based on the above, the Department requests that the applicant submit estimated maximum daily water
usage calculations for the proposed uses. prepared by a professional engineer licensed in the State of
Hawaii, for review and approval. The water usage calculations should include the estimated peak
flow in gallons, per minute, and the total estimated maximum daily water usage in gallons per day.
After review of the calculations, the Department will determine if the existing meter or the existing
system can accommodate the proposed demand.
Planning Dept. ... Water, Our Wost Precious (gsource ... Kfl Wai,,4 Kone .. .
Exhibit 4 The department of Water Supply is an Equal Opportunity provider and employer.
Mr. Zendo Kern, Director
Page 2
July 18.2022
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at (808) 961-8070, extension 255.
Sincerely yours,
wpw"��
Keith K. Okamoto, P.E.
Manager -Chief Engineer
TS:dfg
copy — Maurice and ]iranan Thomas Trust
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAPI
345 KEKUANAO`ASTREET, SUITE 20 HILO, HAWAI't 96720
TELEPHONE (808) 961-8050 - FAX (808) 961-8657
September 1, 2022
Mr. Daryn Arai
Land Use Planning Consultant
P.O. Box 4501
Hilo, HI 96720
Dear Mr. Arai:
Subject: Water Usage Calculation for Existing Warehouse and Office Facility
Applicant— Maurice and Jiranan Thomas Trust
Tax Map Key 1-6-009:385 (PL-SPP-2022-000017)
CHH PLANltiiIK E}EPT
SEP 2 202' Pm2:04
REC`D HAND DELIVERED
We have reviewed the subject water usage calculations provided and find them acceptable.
The Department has reviewed the water demand calculations, prepared by Island Engineering, LLC,
showing the estimated water demand for the existing warehouse and office facility and find them
acceptable. Based on the water demand calculations. the estimated average daily usage is 100 gallons per
day (GPD), or one (1) equivalent unit of water at 400 GPD, per unit. The existing 2-inch meter currently
serving the subject parcel is adequate to accommodate the proposed demand.
The revised allotment for the master meter is shown below:
Tax Map Key
Existing Meter
Size
Allotment of
Equivalent Units of
Water
Account No.
1-6-009:388
2-inch
11
030-04010
1-6-010:083
--
17
030-04010
1-6-009:3 85
--
1
030-04010
*One (1) unit of wafer, or one (1) 518-inch meter, per existing lot of record, which is limited to an average
daily usage of 400 gallons.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at (808) 961-8070, extension 255.
Sincerely yours,
ILA Cn
Keith K. Okamoto, P.E.
Manager -Chief Engineer
TS:dfg
copy — Planning Department
DWS Customer Service (Hilo)
Planning Dept. ... 1Nater, Our91fost {Precious Resource ... xa Wai A 7�ne ...
Exhibit 4 The Department of Water Supply is an Equa! Opportunity provider and employer.
Y'DF'N+
Mitchell D. Roth
Ramzi I. Mansour
Mayor
:
Director
Lee Lord
Brenda Iokepa-Moses
Managing Director
Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuando`a Street, Suite 41 • Hilo, Hawaii 96720 • cohdem@hawaiicounty.gov
Ph: (808) 961-8083 • Fax: (808) 961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Director
Department of Environmental Management
DATE: July 20, 2022
SUBJECT: Special Permit Application (PL-SPP-2022-000017)
Applicant: Maurice and Jiranan Thomas Trust
Request: To Legitimize the Use of an Existing Warehouse and Office
Facility for Warehousing, Distribution and Administrative
Operations Related to Retail and Service Activities in Orchidland
Estates and Volcano Village
Tax Map Key: (3) 1-6-009:385; Puna, Hawaii
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
( ) No comments.
(X) Commercial operations, State and Federal agencies, religious entities and non-profit
organization may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
(X) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
(X) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
( ) Other:
Planning Dept' County of Hawai'i is an Equal Opportunity Provider and Employer
Exhibit 5
Ramzi I. Mansour, Director
July 20, 2022
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
( ) No comments.
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
( ) Proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawaii Department of Health for information regarding
pretreatment standards.
(X) Applicant shall follow Department of Health regulations. No Hawai `i County sewer
system in area.
( ) Other:
Mills
HAWAII FIRE DEPARTMENT. COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE July 12, 2022
Memorandum
TO Planning Department
FROM Fire Inspector Edward Kawasaki, Fire Prevention Branch, County of Hawaii
SUBJECT : Special Permit Application (PL-SPP-2022-000017)
To allow for the continued use of an unpermitted 8,160 square foot warehouse, distribution
and administrative office facility and related facilities in support of Applicant's businesses
TMK: 1-6-009: 385; Orchidland Estates Subdivision, Puna
RESPONSE: The Hawaii County Fire Department does not support the continued use of any
unpermitted structures. All commercial buildings shall be permitted through the County and
shall comply with all Building and Fire Codes.
Edward Kawasaki
Fire Inspector 11
Fire Prevention Branch
Planning Dept.
Exhibit 6
HAWAII FIRE DEPARTMENT. COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE July 14, 2022
Memorandum
TO CHRISTIAN KAY, PLANNING DEPARTMENT
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BUREAU
SUBJECT: MAURICE AND JIRANAN TRUST SPECIAL PERMIT APPLICATION
In regards to the above mentioned project, Fire Department Access and Water Supply shall
comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii
County Code. For any questions please email Clinton.Baba an dhawaiicounty.gov or call 808-
323-4761.
Respectfully Submitted,
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department
Planning Dept.
Exhibit 6
DAVID Y. IGE
GOVERNOR OF HAWAII
y�
t01
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: August 1, 2022
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Permit Application (PL-SPP-2022-000017)
Applicant: Maurice and Jiranan Thomas Trust
ELIZABETH A. CHAR, M.D.
DIRECTOR OF HEALTH
Request: To Legitimize the Use of an Existing Warehouse and Office
Facility for Warehousing, Distribution and Administrative
Operations Related to Retail and Service Activities in Orchidland
Estates and Volcano Village.
TMK: 1-6-009:385; Puna, Hawaii
The Department of Health (Department), Wastewater Branch opposes the issuance of the special
permit to allow continued operations of an unpermitted warehouse, distribution, and
administrative office for the subject property. Records indicate there is an existing cesspool on
the property. The Department did not approve of the connection of the unpermitted warehouse
to the existing cesspool. The connection of the unpermitted warehouse to the existing cesspool
on the property without the Department's approval is considered a violation of Section 11-62-
08(b), Hawaii Administrative Rules (HAR) that states, "No person shall construct, modify the
construction of, or modify the use of a wastewater system without the approval of the director."
The applicant should be required to obtain an After -the -Fact building permit for the unpermitted
structure. The applicant will also be required to retain the services of a licensed engineer to
design and a licensed contractor to construct a new wastewater system that complies with
Chapter 11-62, HAR for the subject property.
Should you have questions, please contact Mr. Mark Tomomitsu at (808) 586-4294.
The warehouse operation would need to meet the requirements of Chapter 50, Food Safety Code.
Please contact the Food Safety Branch at (808)933-0916 for more information.
Planning Dept.
Exhibit 7
DAVID Y. IGE
JADE T. BUTAY
GOVERNOR
DIRECTOR
o
Deputy Directors
�y
ROSS M. HIGASHI
EDUARDO P. MANGLALLAN
'�
EDVVIN H. SNIFFEN
STATE OF HAWAII
IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET
DIR0679
HONOLULU, HAWAII 96813-5097
HWY-PS 2.9429
August 30, 2022
VIA EMAIL: planning@hawaiicounty.gov
Mr. Zendo Kern
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Mr. Christian Kay
Dear Mr. Kern:
Subj ect: Request for Comments
Special Permit Application (PL-SPP-2022-000017)
Maurice and Jiranan Thomas Trust
Orchidland Estates and Volcano Village
Tax Map Key No: (3) 1-6-009: 385 — Puna, Hawaii
Thank you for your letter dated July 12, 2022, and for the opportunity to review the Special Use
application. The Applicant is requesting to allow the continued use of an unpermitted
warehouse, office, and distribution operation within the State Agricultural District.
The proposed request involves a 8,160-square-foot facility located on a 1.045-acre lot to service
the owner's retail businesses within the same subdivision and other sites.
The proposed site is accessible to the nearby Keaau-Pahoa Road (State Route 130) via a primary
access on Orchidland Drive; a private road owned and maintained by the Orchidland Community
Association. The second (existing) access driveway from 34 h Avenue (county road) on the west
side of the subject lot will be removed by the Applicant.
The Hawaii Department of Transportation (HDOT) has the following comments:
The HDOT does not object to the application request for the proposed use.
Planning Dap,.
Exhibit 8
Mr. Zendo Kern
August 30, 2022
Page 2
HWY-PS 2.9429
2. Based on 12 vehicle trips per day to be generated by the proposed operation described in
the application, it appears that the project will have no significant impacts to the nearby
state highway facilities.
If you have any questions, please contact Jeyan Thirugnanam, Systems Planning Engineer,
Highways Division, Planning Branch at (808) 587-6336 or by email at
jeyan.thirugnanam@hawaii.gov. Please reference file review number PS 2022-128.
Sincerely,
JADE T. BUTAY
Director of Transportation
St ZANNE D, CASE
DAVIDY.IGE gyp'. t93p �: y CIIAIRPERS[Iti
G OVERNOR OF HAWAtl °j+ RO %RD OF 1.AND AND 1AruR aI. RFsOi RC-FS
y [ 1]%n Ml ';I(ON ❑S W %TFR RTN01IR UR
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Land and
0
4"_
a STATE OF IIAWAII
Starev£H�'+1a`� DEPARTMENT OF LAND AND VATIIRAi, RESOURCES
LAND DIVISION
POST OFFICE. BOX 62 1
IiONOLULU, ilAW.4II 96809
Jul 13, 2022
MEMORANDUM
FROM: � ❑LNR Agencies:
_Div. of Aquatic Resources
_Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGRe_hawaii.gov}
X Div. of Forestry & Wildlife(rubvrosa.t.terraao(7a.hawaii.aov)
_Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRMehawaii.gov)
Office of Conservation & Coastal Lands
X Land Division — Hawaii District (gordon.c.heita-hawaii.gov}
TO: Russell Y. Tsuji, Land Administrator'��'ssel! Tsraji
SUBJECT: Special Permit Application (PL-SPP-2022-000017)
Request to Legitimize the Use of an Existing Warehouse and Office Facility
for Warehousing, Distribution and Administrative Operations Related to
Retail and Service Activities in Orchidland Estates and Volcano Village
LOCATION: Puna, Island of Hawaii; TMK: (3) 1-6-009:385
APPLICANT: County of Maui on behalf of Maurice and Jiranan Thomas Trust
Transmitted for your review and comment is information on the above -referenced
subject matter. Please submit comments by August 5, 2022.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene
Nakamura at dariene.k.nakamura(c-bhawaii.gov. Thank you.
BRIEF COMMENTS: ( } We have no objections.
( } We have no comments.
( } We have no additional comments.
( V) Comments are included/attached.
Signed: q�r
Print Name: Carty S. Chang, Chief Engineer
Division: Engineering Division
Date: Jul 28, 2022
Attachments
cc: Central Files
Planning Dept.
Exhibit 9
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: Special Permit Application (PL-SPP-2022-000017)
Request to Legitimize the Use of an Existing Warehouse and Office Facility for
Warehousing, Distribution and Administrative Operations Related to Retail and
Service Activities in Orchidland Estates and Volcano Village
Location: Puna, Island of Hawaii
TMK(s): (3) 1-6-009:385
Applicant: County of Hawaii on behalf of Maurice and Jiranan Thomas Trust
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the
Code of Federal Regulations (44CFR), are in effect when development falls within a Special
Flood Hazard Area (high -risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part
60 reflects the minimum standards as set forth by the NFIP. Local community flood
ordinances may stipulate higher standards that can be more restrictive and would take
precedence over the minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research the
Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements
are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMs can be
accessed through FEMA's Map Service Center (msc.fema.gov). Our Flood Hazard
Assessment Tool (FHAT)(http://gis.hawaiinftp.org/FHAT) could also be used to research
flood hazard information.
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
(808) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139.
o Kauai: County of Kauai, Department of Public Works (808) 241-4849.
Signed: t�r
CARTY S. CHANG, CHIEF ENGINEER
Date: Jul 28, 2022
Sakai, Kimberly
From: Douglas Anderson <dougsrv8@gmail.com>
Sent: Friday, July 22, 2022 10:36 AM
To: Planning Internet Mail
Subject: Special permit application pl-spp-2022-000017
As President of the Orchidland Community Association, and having polled my Board members, I am happy to report that
we support this application. OLCA was solely concerned that the Commercial businesses on lower Orchidland Dr work
with the Board to see that section of road is properly maintained for everyone's benefit. Paying their road maintenance
fees, keeping dry wells serviceable, and not doing anything nonpermitted that negatively affects that road and its
upkeep. That section of road, for years, has been disproportionately draining funds from the rest of the Association in an
unfair manner. Our financial accounting service has indicated this applicant has started paying their road maintenance
fees and we are sincerely happy to see that and thus our concent to this application. Mahalo
Douglas Anderson
President OLCA
Planning Dept.
Exhibit 10
Daryn Arai
Land Use Planning Consultant
September 14, 2022
Mr. Zendo Kern, Planning Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Kern:
Subject: Response to Agencies' and public comments regarding
Special Permit Application PL-SPP-2022-000017
Applicant: Maurice and Jiranan Thomas Trust
TMK-1-6-009: 385, Orchidland Estates, Puna, Hawaii
Thank you for providing the Applicant with comments received from the various reviewing
agencies regarding the subject application, to which we provide the following responses for your
consideration.
Orchidland Community Association (email dated July 22, 2022)
The Applicant appreciates the supportive comments offered by the association. The
Applicant will continue to pay its share of road maintenance fees to properly maintain
roadways throughout Orchidland Drive.
State Department of Transportation memo dated August 30, 2022)
The Applicant acknowledges that the State DOT has no objections to the proposed use
and that the 12 vehicle trips generated appears to have no significant impacts to the
nearby state highway facilities.
Office of Planning and Sustainable Development email dated July 15, 2022)
The Applicant acknowledges that the Office of Planning and Sustainable Development
had no comments on this application.
Department of Land and Natural Resources- Land Division (memo dated July 13, 2022)
The Applicant acknowledges that the DLNR-Land Division had no comments on the
subject application.
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN ARAI@OUTLOOK.COM Planning Dept.
Exhibit 11
Mr. Zendo Kern, Planning Director
Page 2 of 3
September 14, 2022
Department of Land and Natural Resources -Engineering Division (memo dated July 28, 2022)
The Applicant acknowledges the DLNR-Engineering Division's comments that directs
the Applicant to research the flood maps and comply with local ordinances regarding
flood control regulations. The Applicant notes that the subject property is situated within
an area outside of the 500-year floodplain (Zone X), as confirmed by the County
Department of Public Works.
Department of Health (memo dated August 1, 2022)
The Applicant acknowledges and will comply with the Department of Health's directive
that the applicant "... obtain an After -the -Fact building permit for the unpermitted
structure. The applicant will also be required to retain the services of a licensed engineer
to design and a license contractor to construct a new wastewater system that compliance
with Chapter 11-62, HAR for the subject property." The purpose of this Special Permit
application is to bring the existing uses, structures and its supporting systems, including
its wastewater system, into full compliance with applicable laws and standards. We note
that the existing warehouse structure is properly permitted, but it is the requested use of
this warehouse structure for activities related to other off -site retail and service operations
that is unpermitted. Regardless, the Applicant will take prompt action to ensure that all
wastewater generated by the requested uses, if approved, will conform to all applicable
DOH requirements.
Department of Public Works -Engineering Division (memo dated August 3, 2022)
The Engineering Division confirms the location of the subject property outside of the
500-year floodplain with no further comments due to private roads servicing the subject
property and with no open violations within their records.
Department of Public Works -Building Division (memo dated August 10, 2022)
The Building Division confirms that no building permit was issued for the change of
occupancy associated with the permitted warehouse/office building and that a building
permit shall be obtained to ensure fire, life and safety of the occupants, which the
Applicant fully intends to comply with.
Department of Water Supply dated September 1, 2022)
The Department of Water Supply (DWS) confirmed water availability to support the
proposed warehouse, distribution and office use via an existing 2-inch water meter
currently serving the subject property.
Mr. Zendo Kern, Planning Director
Page 3 of 3
September 14, 2022
Fire Department memos dated July 12 and 14, 2022)
As required by the Fire Department, the Applicant will comply with all building and fire
code requirements should the Special Permit be approved by the Windward Planning
Commission.
Department of Environmental Management (memo dated July 20, 2022)
Solid waste generated by the proposed uses will be transported directly to the County's
Hilo landfill or via commercial waste management companies. No waste will be
disposed of at any transfer station. Ample room is available on the subject property to
temporarily store and process waste products for eventual recycling and proper disposal.
Police Department (memo dated July 20, 2022)
The Applicant acknowledges the response from the Police Department that it does not
anticipate any significant impact to traffic and/or public safety concerns.
We hope that we have adequately responded to comments offered by the respective agencies and
the community association. Please feel free to contact me should there be any questions or need
for additional information.
Sincerely,
DARYN ARAI
Land Use Planning Consultant
copy via email: Maurice & Jiranan Thomas