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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-000013)BOrchidlandNeighbors SPP.cm.11.7.22 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT ORCHIDLAND NEIGHBORS SPECIAL PERNHT APPLICATION (PL-SPP-2022-000013) ORCHIDLAND NEIGHBORS is requesting a Special Permit to develop and operate a Multi -Purpose Community Facility on approximately 4.0 acres of land in the State Land Use Agricultural District. The subject property is located at 16-1661 36th Avenue, approximately 530 feet northwest of its intersection with Orchidland Drive, Orchid Land Estates, Kea`au, Puna, Hawaii, TMK: (3) 1-6-010:005. APPLICANTS' REOUEST 1. Request: The applicant is requesting a Special Permit to develop and operate a Multi - Purpose Community Facility on an approximately 4.0-acre parcel of land within the SLU Agricultural District. The proposed facility will satisfy the need for rentable space identified by the broader community. These include an open market area, a place to hold various meetings, a commercial kitchen, and recreational activities. The applicant has proposed a phased development of the subject property as funding becomes available. The proposed completion date of the five (5) phase development will be in January of 2027. The five (5) phases include the following: Phase One: Grading of approximately 3.7-acres of the property in preparation for new development and fencing. ■ Phase Two: General Goods and Agricultural Products Open Market. The applicant has dedicated 2,025 square feet of land to accommodate nine (9) temporary canopy spaces. Each vendor will provide a temporary canopy of approximately 15'xl5' in size. Further, until restrooms are completed in phase three (3), the applicant will provide the vendors and the public with portable toilets. According to the applicant, the estimated cost for phase two is $65,000 with a completion date of July 2023. ■ Phase Three: The construction of a Community Center Building and Covered Pavilion. The Community Center Building will be approximately 5,100 square feet and consist of a Commercial Kitchen, Meeting Hall, Office Space, Restrooms, and Storage. The Covered Pavilion will be about 900 square feet with open sides and attached to the -1- community center building. According to the applicant, the estimated cost for phase three is $1,227,776 with a completion date of December 2025. ■ Phase Four: The construction of a Concession, Pavilion, Restrooms, and Storage building. The building will be approximately 6,000 square feet and consist of a cold kitchen, dining area, restrooms, and a storage room for cleaning supplies and equipment. According to the applicant, the estimated cost for phase three is $528,855 with a completion date of January 2026. ■ Phase Five: The construction of a skate park, soccer field, and a maintenance/security building. The skate park will be approximately 3,847 square feet. The soccer field will be approximately 25,200 square feet. The maintenance/security building will be about 875 square feet and used for equipment storage and gate surveillance. According to the applicant, the estimated cost for phase three is $225,808 with a completion date of January 2027. 2. Reason for the Request: The buildings and the athletic facilities envisioned for the project will house community -based programs, meeting spaces for emergency and community needs, office and storage space for the Community Emergency Response Team (CERT) sponsored by County of Hawaii Civil Defense, Orchidland Neighborhood Watch, Orchidland Neighbors, and Orchidland Neighbors Food Basket. The main building will include a certified commercial kitchen as a resource for economic development, whereby community members will be able to generate income for their families by processing agricultural products for commercial distribution. 3. Staff/Clientele: According to the applicant, the project will be staffed by the Orchidland Neighbors volunteer board. The board members will then employ staff as various phases of the project are completed. The applicant anticipates three (3) or four (4) activities occurring at any given time, estimating the average daily occupancy of one hundred twenty (120) people per day. 4. Hours of Operation: According to the applicant, the facilities estimated hours of operation will be from 8:00 a.m. to 9:00 p.m. daily, except for the commercial kitchen which will be from 5:00 a.m. to 9:00 p.m. (when scheduled); the open market days which will be from 7:00 a.m. to 2:00 p.m. (when scheduled), and the maintenance/security building which will be open from 7:00 a.m. on open market days. -2- 5. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1— Orchidland Neighbors Special Permit Application dated September 5, 2022). 6. Landowner: Orchidland Neighbors. BACKGROUND INFORMATION 7. June 21, 2021: Final Consolidation Approval No. CON-21-000449. The request and approval were for the consolidation of lots 49 & 50 (TMKs (3) 1-6-010:005 & 006) located off 36 h Avenue, Orchidland Estates Subdivision. STATE AND COUNTY PLANS 8. State Land Use (SLU) District: Agricultural District. 9. County Zoning: A-3a; Agricultural 3-acres. 10. General Plan (LUPAG) Map Designation: Rural. This category includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from nine thousand (9,000) square feet to two (2) acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. 11. 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 not located within the projected 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. However, according to the PCDP Objectives, it supports the creation of new village/town centers as necessary, in or near presently underserved subdivisions, beginning with those experiencing higher rates of population growth so residents of those areas will have community activities and more convenient access to services. Further, the PCDP Actions support the improvement and expansion of Community Parks in the Orchidland Estates Subdivision. 12. Special Management Area (SMA): The subject property is located approximately five (5) miles from the nearest coastline and is not within the Special Management Area. -3- DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 13. Project Site: The subject parcel is approximately 4.0 acres of land and is rectangular in shape. The topography of the entire parcel is fairly level and has been recently graded. 14. Surrounding Zoning/Land Uses: All of the properties surrounding the subject parcel are zoned Agricultural 3-acres (A-3a). The area is characterized by a mix of farms, single- family residences, a commercial center (Orchidland Estates Convenience Center), a church, and vacant undeveloped parcels. The Orchidland Estates Convenience Center is located approximately 0.35 miles makai of the project site and includes a convenience store and gas station, Blaine's Drive In, and the Orchidland General Store. The nearest dwelling is located approximately 150 feet to the southeast of the subject property. 15. U.S.D.A. Soil Type: Keaukaha highly decomposed plant material, 2 to 10 percent slopes. The pahoehoe lava flow in the area has very little soil covering and is bare of vegetation, except for mosses, lichens, ferns and small ohia trees. 16. Land Study Bureau Soil Rating: Soils within the project site are classified as "E" or "Very Poor" for agricultural productivity. 17. ALISH: Unclassified. 18. 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). 19. Flora/Faunal Resources: According to an Archaeological Field Inspection (AFI) conducted in 2021 by Scientific Consultant Services Inc. (SCS), plants in the project area are dominated by false staghorn fern (Dicranopteris linearis), `ohia (Metrosideros sp.) and introduced species such as waivi (Psidium Cattleianum), common guava (Psidium guajava), octopus tree (Schefflera actinophylla), Moluccan albizia tree (Falcataria moluccan), Asian melastoma (Melastoma septemnervium), and cecropia (Cecroppia glaziovii) (Starr Environmental 2013). According to the applicant, rare faunal species such as, `alala crows and Hawaiian hawks, `io, have not been sighted on the property. 20. Archaeological/Cultural/Historical Resources: The subject property 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. Following the applicant's submittal -4- of a grading permit application to the Department of Public Works (DPW), for a 3.7-acre portion of the subject property, the State Historic Preservation Division (SHPD) requested, by letter dated July 13, 2021, that the applicant conduct an Archeological Field Inspection (AFI) to determine if undocumented historic properties exist in the project area. An AFI pedestrian survey was conducted by Scientific Consultant Services Inc. (SCS) on August 26, 2021, which determined that no archaeological features, feature remains, artifacts or sites were identified within the project area and, further, that there will be no effect to historic properties posed by the proposed grading of the project area. SHPD provided a response to the findings of the AFI, by letter dated September 30, 2021, in which SHPD determined that no historic properties will be affected by the proposed grading and that the permit issuance process may proceed. 21. Public Access: There is no coastal or mountain access through the subject property. 22. Traffic: Traffic on Orchidland Drive is made up primarily of residents of the area and users of the shopping/commercial area east of the parcel. A Traffic Impact Analysis Report (TIAR) was not completed for the proposed project. However, according to the applicant, the proposed uses on the subject property will generate approximately 8 to 40 vehicles per day. Further, the County Police Department does not anticipate any significant impact to traffic and/or public safety concerns. PUBLIC SERVICES AND FACILITIES 23. Access: The subject parcel is accessed via 36 b Avenue, off Orchidland Drive, approximately 530 feet northwest of the intersection of Orchidland Drive and the Kea`au- Pahoa Highway 130. Orchidland Drive is privately owned and maintained by the Orchidland Community Association (OLCA) and consist of a 60-foot-wide right-of-way with a pavement width of approximately 28 feet. 36 b Avenue is a 40-foot wide unpaved two lane, private road, over which the applicant has access rights. The applicant is proposing a single two-way driveway serving as the main entrance and exit on the front south corner of the property and on the front west corner of the property there will be an emergency exit only. 24. Water: The subject property is not within the service limits of the County Department of Water Supply (DWS) facilities. The applicant proposes to install seven (7) water storage tanks on the project site and states that the capacity of each water tank will be determined -5- by a licensed civil engineer. The seven (7) water storage tanks will be used for, but not limited to, two (2) fire suppression tanks, three (3) operational tanks, and two (2) potable water tanks to be refilled by water tankers. Additionally, the applicant has stated that they will comply with all requirements of the Fire Department for providing adequate access and sufficient quantities and flow rates of water for fire suppression. According to the Department of Health (DOH), the Safe Drinking Water Branch's authority on drinking water quality is based on the definition of a public water system as a system that serves 25 or more individuals at least 60 days per year or has at least 15 service connections. Public water systems are regulated by DOH and shall be in compliance with HRS Title 11, Chapter 20. DOH further recommends that the subdivision lots be connected to an existing public water system as they do not support the use of private rain catchment systems for drinking purposes. 25. Wastewater: The subject property is not served by the County sewer system. The applicant proposes the construction of septic systems to accommodate the needs of the entire project. According to DOH, septic systems may not be used if the total wastewater flow for the development exceeds 15,000 gallons per day. Additionally, DOH states that the proposed development shall comply with Chapter 11-62, HAR, "Wastewater Systems." 26. Other Essential Utilities and Services: Electricity, telephone, and cable services are available to the site. Police, fire and medical services are available nearby in Kea`au and Pahoa. AGENCIES' COMMENTS 27. Department of Environmental Management: (Planning Department Exhibit 2 — October 14, 2022 Memo) 28. Department of Water Supply: (Planning Department Exhibit 3 — October 7, 2022 Memo) 29. Fire Department: (Planning Department Exhibit 4 — September 30, 2022 Memo) 30. Department of Land and Natural Resources — Engineering Division: (Planning Department Exhibit 5 — October 24, 2022 Memo) 31. Department of Land and Natural Resources — Division of Forestry and Wildlife: (Planning Department Exhibit 6 — October 28, 2022 Memo) 32. Department of Health: (Planning Department Exhibit 7 — September 29, 2022 Memo) -6- AGENCIES — NO COMMENTS/CONCERNS 33. Police Department, State Office of Planning and Sustainable Development; and State Department of Land and Natural Resources — Land Division. AGENCIES — NO RESPONSE 34. Department of Public Works — Building & Engineering Division; Real Property Tax Office; Department of Agriculture; and State Land Use Commission. PUBLIC COMMENTS 35. Letter from Orchidland Community Association Inc. dated October 28, 2022 (Planning Department Exhibit 8). 36. Email dated November 15, 2022 from Sharon Hamm (Planning Department Exhibit 9). 37. Email dated November 16, 2022 from Gaila Vidunas (Planning Department Exhibit 10). 38. Email dated November 16, 2022 from Katie and Joe Soltys (Planning Department Exhibit 11). 39. Email dated November 15, 2022 from Katina Bradley (Planning Department Exhibit 12). 40. Email dated November 14, 2022 from Mike Wilkins (Planning Department Exhibit 13). 41. Email dated November 14, 2022 from Donna Thommarson (Planning Department Exhibit 14). 42. Email dated November 14, 2022 from Alan Tamashiro (Planning Department Exhibit 15). 43. Email dated November 13, 2022 from Sherri Carden (Planning Department Exhibit 16). 44. Email dated November 11, 2022 from Kaibrie Pabre (Planning Department Exhibit 17). 45. Email dated November 17, 2022 from Leah J. Gowron (Planning Department Exhibit 18). -7- APPLICANT'S RESPONSE TO PUBLIC COMMENTS 46. Letter from Orchidland Neighbors to Orchidland Community Association dated November 10, 2022 (Planning Department Exhibit 19). -8- SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT M,peorPrintthe requested ii&nnation) APPLICANT Orchidland Neighbors APPLICANT'S SIGNATURE! � ADDRESS: HC2 Box 5688 BAT&. �J •�f Keaau, Hawaii 96749 Physical Address of property- 36th Avenue- off Orchidland drive _ LIST APPLICANT'S INTEREST IF NOTOWNER, TELFpHONE: {Bus.) 808-854-1225 (Home)(Fat) l use for a muiti-purpose community facility in Orchidland Estates RE¢UEST. To grant specia TAX MAP 00100050000, 160100060000, consolidateIONTNG: 3 — AREA OF PROPERTY/AREA OF RLQUFSTED USE. 4 acres total LANDOWNER: Orchidland Neighbors LANDOWNER'S SIGNATURE: � DATE; g s �9�Ya�Z_ (May be by lever) LANDOWNER'S ADDRES& Physical Address of property.- 36th Avenue -off Orchidiand drive Vacant Land AGENT: Virginia Aste, President TELEP14ONE' (8ns.) 808-854-1225 (Hame) Tax) Please indicole to ntwm original correspondence and cc -pies should be scut to. - ORIGINAL Virginia Aste, Orchidland Neighbors COPIES; 1 Planning Dept. Exhibit We are providing evidence that Virginia Aste has authorization to submit the Special Permit application on behalf of Orchidland Neighbors. SEE ATTACHED SIGNED MEMO r�a�yrit3 Ne���b tint i�usl ',r+rrrlt (t ro&iiworr To. Hayrau County Planning Department From Orchldlend Neighbors Date: June Is, 2022 Sub?Kt: Authoriiatlon for Virginia Aste to submit Speciat Permit Application for Orchldland Neighbors Tilts memo authonIes Virginia Aste, as Presldenl of Orchidiand Neighbors, has authorization to s4bmlt the SpKial Permit Application of OrChldiand NerghMrs. Orchidiai+d Neighbors Board of Directors. Virginia pis , President Barbara Arthurs, Treasurer (7 �) Shrrrl ardrn,Corresponding Secretary Sharon MtCartih. Re[ording5t crctary Attached Is the DCCA listing of 44ficers for Orchsdland Neighbors as of June 7, 2b22 2 ORCHIDLAND NEIGHBORS SPECIAL PERMIT APPLICATION VIRGINIA ASTE, PRESIDENT An Original and twenty (20) copies of the following background information on the subject request: A. Detailed written description of the proposed use, a statement of objectives and reasons for the request, including proposed hours of operation and number of employees/clienteles: Orchidland Neighbors is submitting this Special Permit Application to design and build a Multi -purpose Community Complex on a four -acre, consolidated parcel on 36th Avenue in Orchidland Estates Subdivision. The parcel was purchased in 2016 and consolidated in 2021. The buildings and the athletic facilities envisioned for the project will house community -based programs, meeting spaces for emergency and community needs, office and storage space for the Community Emergency Response Team (CERT) sponsored by County of Hawaii Civil Defense. Other programs are: Orchidland Neighborhood Watch, Orchidland Neighbors and Orchidland Neighbors Food Basket. The main building will also include a certified commercial kitchen as a resource for economic development whereby community members will be able to generate income for their families by processing agricultural products for commercial distribution. The project will be built in several phases as funding becomes available: We understand that some elements of our project do not require a special permit, for example, grading, fencing, picnic and BBQ area, playground and soccer field. We are submitting the following revision of our project phases, including cost estimates and completion dates provided by Peter Walburn of TWA & Associates, LLC, Construction Managers & Consultants to the Construction Industry. Phase I: Grading does not require a special permit Phase II: General Goods and Agricultural Products Open Market, of which the Agricultural Products Open Market, does not require a special permit. The General Goods component will need a Special Permit. Approximate cost $65,000. Completion date: July 2023. Phase III: Community Center and Pavilion Construction of main building and Pavilion: Approximate cost $1,227,776. Completion date: December 2025. Phase IV: Concession and Pavilion Concession stands for athletic fields: Approximate cost $528,855. Completion date: January 2026. Phase V: Skate Park and Maintenance Building Approximate cost $225,808. Completion date: January 2027. Specific information for each proposed use that is on ON's site plan: • Community Center: 5,100 square feet Commercial Kitchen, Meeting Hall, Office Space, Restrooms, Storage • Pavilion is open sided, covered: 900 square feet • Maintenance/Security Building: 875 square feet Equipment storage, gate surveillance • General Goods and Agricultural Products Open Market: 2,025 square feet 9 spaces, to accommodate up to 15x15 temporary canopies, provided by vendors. • Concession, Pavilion, Restrooms and Storage: 6,000 square feet Cold Kitchen, Eating Pavilion, Storage for cleaning supplies, and equipment • Shipping Containers (3 - 8 ft x 40ft), 320 square feet each: Total 960 square feet Emergency Supplies and Surplus Food Storage • Parking Areas/paved: 109 Stalls Of which 22 stalls are for people with disabilities General public and groups may use the facilities, as follows: Community Center and Pavilion Commercial Kitchen: Hourly fee for vendors Meeting Hall: Fee or free depending on its use Orchidland Neighbors Office Space: Free, Orchidland Neighbors Use Only Venue for fundraising by ON and other nonprofit 501(c)3 organizations which will be assessed a negotiated fee. Restrooms: Free Storage: Free, Orchidland Neighbors Use Only Pavilion is open sided, covered: Free unless included in the fee for a private event 21 Maintenance/Security Building: Free, Orchidland Neighbors Use Only General Goods and Agricultural Products Open Market: Fee for vendors Concession: Fee per event Pavilion: Free for public, fee for private events Restrooms: Free Storage: Orchidland Neighbors - Free Shipping Containers: Free, Orchidland Neighbors Use Only Parking Areas/paved: Free, restricted only for facility use Soccer Field: Free. Fee for seasonal use Skate Park: Free Picnic Area: Free Playground: Free Hours and days of Operation Hours and days of operation will be determined by the programs and activities developed for each phase as it is completed. Most activities will take place during daytime and early evening hours. Activities will be restricted in attendance as long as Covid constraints are in effect. Our estimated hours of operation are as follows: • Community Center and Pavilion o Commercial Kitchen: 5:00 a.m. to 9:00 p.m., as scheduled o Meeting Hall: 8:00 a.m. to 9:00 p.m., as scheduled o Orchidland Neighbors Office Space: 8:00 a.m. to 5:00 p.m., as scheduled o Restrooms: Open during activity hours o Storage: 8:00 a.m. to 9:00 p.m., open as needed o Pavilion: 8:00 a.m. to 9:00 p.m. • Maintenance/Security Building: 8:00 a.m. to 9:00 p.m., 7 a.m. on open market days • General Goods and Agricultural Products Open Market: 7:00 a.m. to 2:00 p.m., one day a week • Concession Area o Concession Stand: 8:00 a.m. to 9:00 p.m., as scheduled for events and practices • Pavilion: 8:00 a.m. to 9:00 p.m., as scheduled for events and practices • Restrooms: 8:00 a.m. to 9:00 p.m., as scheduled for events and practices • Storage: 8:00 a.m. to 9:00 p.m., as scheduled for events and practices 5 • Shipping Containers: 8:00 a.m. to 5:00 p.m., as scheduled, except in case of emergency, for distribution • Parking Areas/paved: 8:00 a.m. to 9:00 p.m. • Soccer Field: 8:00 a.m. to 5:00 p.m., as scheduled • Skate Park: 8:00 a.m. to 5:00 p.m. • Picnic Area/Playground: 8:00 a.m. to 5:00 p.m. Number of employees/clienteles The project will be staffed by Orchidland Neighbors volunteer board. Board members will employ staff as various phases of the project are completed. A major part of the clientele will be those persons using the kitchen, attending classes, meetings or seeking information or supplies from the main building of the complex, as well as those participating in or attending athletic events. Since only 3 or 4 activities will be happening at any one time, estimate the average daily occupancy will be 120 people per day. We estimate 40 vehicles for this number of attendees. • Community Center and Pavilion o Commercial Kitchen: 0 -3 vendors per day, up to 7 days a week with up to 3 assistants per vendor o Meeting Hall: The maximum number of people using the meeting hall at any one time based on the square footage of 5,100 square feet: 130 people, maximum, at any one time o Orchidland Neighbors Office Space: 6 people, maximum, at any one time o Restrooms: 6 people, maximum at any one time o Storage: 4 people, maximum at any one time o Pavilion: 20 people, maximum, at any one time • Maintenance Building: 2 people, maximum • General Goods and Agricultural Products Open Market: 9 vendors, 40 people, maximum, at any one time • Concession: (One day) 2 vendors and 4 workers o Pavilion: 20 people, maximum, seated at any one time o Restrooms: 10 people, maximum, at any one time N o Storage: 4 people, maximum, at any one time • Shipping Containers: 4 people, maximum, at any one time • Parking Areas/paved: 109 parking spaces available • Soccer Field Area: 22 on field, 10 alternates and 30 spectators any event or practice • Skate Park: 8 people, maximum, at any one time • Playground: 10 people, maximum, at any one time • Picnic Area: 20 people, maximum, at any one time B. Description of subject property in sufficient detail to precisely locate the property. Describe existing uses, structures and topography. If portion of property to be used, state use of remainder of property. The property for the project is located at 16-1661, and 16-1655 36th Avenue, Orchidland Estates Subdivision (third and fourth lots from the corner of Orchidland Drive and 36th Avenue.) The property is designated A-3a, TMK: (3)1-6-010-006, and 1-6-010-005. The lots have been consolidated into one parcel. The site is unimproved vacant land, with zero structures. The topography is fairly level, without heavy forest, and is not in a flood area, (See attached topographic map.) The site is approximately 2 miles from Highway 130, the main artery to Hilo. The site is just outside the area designated in the Puna Community Development Plan for Orchidland Village Center. The entire property will be used, as described in section 3A. A portion of the property will be used for each phase of construction, as described in 3A. C. State/County Plans affecting the subject request: General Plan designation, Special Management Area and Community Development Plans. 000UNTY OF HAWAI`I Real Property Tax Office Parcel 160100050000 Situs/Physical 16-166136TH ID Address AVENUE Acreage 4 Mailing ORCHIDLAND Class AGRICULTURAL Address NEIGHBORS HC 2 BOX 5688 KEAAU H196749 9406 Brief LOT50-A4.00AC Tax Description (Note: Not to be used on lega I documents) Market Land $77,100 Last2Sales Value Date Price Dedicated Use $0 6/21/2021 0 Value Land Exemption $0 5/6/2021 0 Net Taxable $77,100 Land Value Assessed $0 Building Value Building $0 Exemption Net Taxable $0 Building Value Total Taxable $77100 Value Overview Legend ❑ Parcels Reason Qual RELATED INDIVIDUALS U OR CORPORATIONS RELATED INDIVIDUALS U OR CORPORATIONS *Hawaii County makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The assessment information is from the last certified taxrolI. All data is subject to change before the next certified taxrolI. The 'parceIs' layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data. The 'parceIs' data layer does not contain metes and bounds described accuracy therefore, please use caution when viewing this data. Overlaying this layer with other data layers that may not have used this layer as abase may not produce precise results. GPS and imagery data will not overlay exactly. V J I� W_ LL Nz Z LU - Q O s H Z o rA W D u Z W e O g 225sfea O. COPEN MARKET (vendor canopies) u u u It I Yt 6 c o ` Z _ n u o 1 1 g N ZI J = NOIIIAVd x N ci C Z F Q $ u - 3 co : Q um (DLu � Y a a $ It $. 1 Y LU tl W LL- ' lIX3. ENTRANCE I ON39MM General Plan The County General Plan, which was adopted in 2008, states the following goals in Sec. 8.2(b) and (c), that the plan shall, "Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources." Section 14.1.3(f), Policies, states that the plan shall, "Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment." The proposed project, for which we are requesting a Special Permit, will fulfill this policy in Orchidland. The Puna Community Development Plan (PCDP) attempts to further define the General Plan and serves as a guide for decision -makers. The request is in alignment with the goals, objectives and policies outlined in the PCDP: 3.1.1 (a) and (b) state: "Puna retains a rural character while it protects its native natural and cultural resources," and (b) "The quality of life improves and economic opportunity expands for Puna's residents. The grading permit obtained by Orchidland Neighbors in 2021, designates the zoning of the subject parcel as A-3a (1-Zoning Code) and A (2-State Land Use). The project site is outside the State Urban District. The Orchidland Neighborhood Village Center was identified by the community association to be located along Orchidland Drive from Highway 130 to halfway between 34th and 35th Avenues, which encompasses 15 parcels and an area of about 16 acres. Special Management Area The Orchidland Neighbors site is not located in the Special Management Area. It is not located on or near the shoreline. Community Development Plans The Orchidland Neighbors project meets community needs beyond those of the Orchidland Neighborhood Village Center. The Orchidland Neighbors Community Complex will be a public service center, and will be located, away from the congestion generated by businesses on Orchidland Drive, closer to Highway 130. M The proposed Orchidland Neighbors Community Complex will be located above the area of traffic caused by the church, grocery/hardware, restaurants and gas station currently in operation near Highway 130. The Planned Orchidland Neighbors Community Complex will be built slightly beyond the boundary shown for the Orchidland Neighborhood Village Center. It will locate services, including distribution of emergency supplies, away from the business center and the intersection of Orchidland Drive and Highway 130. The proposed Orchidland Neighbors Community Complex will provide an emergency service location which is in Lava Zone 3 and is not directly threatened by lava flows. D. Surrounding Zoning and Land Uses Orchidland Estates is zoned for agricultural use (A-3a). However, surrounding properties near the project site include residences and small farms. There is an existing commercial strip with restaurants, convenience store, gas station, general store, and a church near the intersection of Highway 130 and Orchidland Drive. Orchidland Neighbors Complex site is located about a mile from these establishments. There is zero public infrastructure such as a community center or emergency facility anywhere in this subdivision. The granting of this request will promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. This project will provide a Orchidland Neighbors Complex, a General Goods and Agricultural Products Open Market, which will include farm produce, and space for recreational activities for residents of Orchidland Estates and surrounding communities. The property use is not contrary to Chapter 205A, Coastal Zone Management. It does not deny public access to scenic or open space resources, coastal view planes or coastal ecosystems. E. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works — Engineering Division). The property is designated as Category Zone X, which is the least likely to be flooded. Therefore, no flood insurance would be necessary. The site is not located within the flood zone areas of the subdivision. 9 F. Archaeological Resources (one of the following): 1. An archaeological inventory report containing significant assessments, effect determinations, and proposed mitigation commitments. The report should be completed pursuant to State Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) rules. 2. A "no effect" letter from the State DLNR Historic Preservation Division. 3. A copy of a letter written by the applicant to the State DLNR Historic Preservation Division requesting a "no effect" letter, including supporting documentation, to which SHPD has not responded after 30 days (SHPD's time limit under their rules). Choice (1) A copy of the Archaeological Field Inspection Letter Report for 4.0 acres of land [TMK: (3) 1-6-010:005 and 006] located in Kea'au Ahupua'a, Puna District, Hawai'i Island, Hawai'i is attached.as a document in EPIC. G. Floral and Faunal Resources The Archaeological Field Inspection Report, further states, in regard to the floral resources: "Plants in the project are dominated by false staghorn fern (Dicranopteris linearis), 'ohia (Metrosideros sp.) and introduced species such as waivi (Psidium Cattleianum), common guava (Psidium guajava), octopus tree (Schefflera actinophylla), Moluccan albizia tree (Falcataria moluccan), Asian melastoma (Melastoma septemnervium), and cecropia (Cecroppia glaziovii) (Starr Environmental 2013). Rare faunal species such as, 'alala crows and Hawaiian hawks, 'io, have not been sighted on the property. H. Valued Cultural Resources: Identify any traditional and customary native Hawaiian Rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. 10 CALWORNIA !SE ACKNOWLED"ENT CPAIL CODE --r. ...,!.:r I-1: •re--11,S- v- _.v--�rS*M. i ria zrc.t-.ro:: :;r. ad':.r �.Yv.:..e • a.:r i .! : 11141e. -7 $ v. _ A notary public or of w officer completing this owtifieme verifies only the idw* of the individual who signed the document to which this create Is attached, and riot the tnutttfulness, accuracy. or validity of that document. Mate of California ) County of _ 0 S e On_Ef /4,Lr3/cbeforeme,62� .i- 11JAaDfc•A, 1yoT�ifc�L Date Here Insert Name and True of ifie lercer personally appeared r/�r`c c G' '7. IC e� `"ra,3- W Name(s) of Signfu�s) who proved to me on the basis of satisfactory evidence to be the pemon(* Whose namgJ ' ishvw subschUed to the withfn instrurnent and acknowledged to me that he/*!;n� executed the same in hisA>w1t0efr authorized capacity(ies), and that by his/DeMlWr signature(Won the instrument the person(&); or the entity upon behalf of which the pmwn(-acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of Caiifomia that the foregoing paragraph is true and correct. WITNESS my hand and official real. 1:FiAliT J. MAKJ1DiSA � , PE6074mmki6m # 2051908 Signature Notary Perbll+C • G1ultornia s SlgrmWre of otwy Public La Ai geto Cw* CRANT J . NAKAOKA Qm nLa-• M Jan 11, 2018 Plane Notay See/ Above OPTIONAL Though this section is optional, completing this infom7ation can deter alteration of the document or fraudulent reattachment of this farm to an unintended document Description of Attached Document Title or Type of Document: Document Date: _ 5� 1b0l (o Number of Pages: 6�r Signer's) Other Than Named Above- Gapacity(ies) Claimed Vy Signer(s) Signer's Name: ❑ Corporate Officer -- TdMs): ❑ Partner — ❑ Umited I ' General ❑ individual ❑ Attomey in Fact 1:1 Trustee C Guardian or Conservator CJ Other - Signer Is Representing: Signees Name: ❑ Corporate Officer — Tftfe(s): Partner — ❑ Umited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee C Guardian or Conservator ❑ Other Signer is ResentJng_ - - - -- �r . .� v .;.tv �`.r 7:�'•+.+.+' S��!ri�•,-. •rig :"r+Si: ra"t.S r� n �w��:�'.' s.�.,:iv •:'- -�: _ <r. •. vir:'r. '!.:';l'�� STATE OF HAWAII OFFICE OF ASSISTANT REGISTRAR RECORDED April 04, 2016 8:01 AM Dot No(Is) T-9MI19 on Cert(4 017 Isswnca of Ced(s) 1114117 11M 111it i-$2n=4 W NIGAI ANN TI;GMMN ASSISTANT REtiWMR Conveyance Tax: $53.00 -- LAND QQURT SYSTEM — REGULAR S)CSiFF+t P,,M= by Mail 0 Pickw ❑ To. Orchidlmnd N*hbors TG , 21D1607219 ' HC2 Box 5698 TGE: 23216072169 Keaaa, HI 96749 N irhwl Nagar TM..£ of DDCXN r' -T AABA&M PM PARTIFS To DOCUMENT: Cxr =m.- CLFIORD T_ 1CHIYASU, r /V Lr vie adder i s 320 Tr dak Drive., Suite L, Chu1a V ista, California 9191 o- Crranim: ORCHIOI.AND NEIGHBORS, a Hawan non-profit corporation, whose mai.M ad&m is HC 2 Box 5689, Keaw,, Hawaii 96749. At& sM 7VK Cam; 1-"M OM & Q06 This �tmdoom WARRANTY DEED Tbst CLIFFORD T. ICHIYASU, S , N(;� ic— _ , whose address is 320 Trmusdate Drive, Suite I., Chins Vista, Califa_rzzia 91910, hereinAfter called the Csra nm, for and in eonsi r cn of the suns of TEN DOLLARS ('S 10.00) and other valuable eonadmatiun to hire in hand paid br ORCHM. &M MOGi BOR.S, a Hawaii -pmfit rAio q w bow mailm address is HC2 Box 56U, Kraau, Hawaii. 96749, herekmfter called tie Grantee, the receipt whmd is herby a;mowWged, has sold and by zhese pses does hereby main, sell, &Tdgxa, c mM and transfer my the said Grantee, as tee iu sev�, ail of the property desimbe in Exh+:b%t A amwbed hereto axed by r made a pat hmw f TOGE'l HM with all and mguk the =pmvcment, =mcnts, nght.% m=muts� pdvdegea, � and tJhmcunto bdmgm& or in anywise apperuinin& and the mvmmm and revema3s, minder and ram, rents, Lwms and proms th=cd TO HAVE AND TU HOLD tine mine u= the said Gra[ntx, as ti mmu iu seamy, its and sssips, Forever_ And tit said Cantor dotes h=by covenant to amid with the said Gm=et its mcomM and Via, that he is sezzod in fev- of dw said granted pr= ses; tiel he has good rigbf and Lawful z i6mty to sell and corivey the soma; that the some is hoe and clear of ena mbranct of every kind apes , save and owept as aomd on said Exb a A; and that he will a ud his hmr-5 amp shall. WARRANT and DAD the tide 6ercW against tne lawful claims of IN pmsms wbxa3wm. FA ICJ WIi NFSS lel-2 day of WHEREOF, the said Cwa wr havc eta =&m d &= pints on this GRANTOR SEFATTAC HED �� NOTARY GERMCA TE -PARCEL FMST:- Ali of those certain pa refs of land situate at Kcaaa, Puna, Ism and County of Hawaii, State of Hawaii, being LOT 49, area 2.001 acres, and LOT 50, area. 2.00 ass, mom or ices, BLOCK M-M-K as shown on MV Y, Mcd in the Office of the AssistW RcgLqtrar of the Ind Court of the State of Hawaii with Land Court Applicxdon No. M3 (amended) of W, H. Shipman, Lamite& An undividied n494tit mtmM to be used as a right of way and for road Furpc,-,xz only m common vnth all ohs entitled themto, in and to Lot 8215, am 213.264 acm, more cc lam, as shown on i►.+fap 3 of said Apphcatien No. 1053 (aancaded). Being land(s) desm-bed in Trarisfcr CmIffimc of ; rile No. W17 issued to DOROTHY TSUYLrKO ICHIYASU, wife of Ben Kmoru Icluyasu- BUNG THE PREMISES ACQUIRED BY DEED GRANTOR : HILO DEYFL'3PMEN''r, LNC,, a. Fjwe� corporation GRANTEE DOROTHY TS1Ti' -KO ICTUASU, wife of Bat NiLwm Ichiyasu DATED kme 25, i963 FILED Land Gaut# Documem No, W SUBIECT, HOWEVER, TO TBE FOLLOWLNG- Mineral and water rights of any era. 2_ The tarns .and provisions ceataiiied in the %Mowing: KC ,Tfry► r r DATED Tune 25, 1963 FILED Land Court LDocimcnt No. 112 940 -AS TO PARCEL SECOND: - (A) Amended Finl Order of Cron filed in Civil No. 89- 152 in the Circuit Court of tine Third Ci~cLiit, Stale of Hawaii, on Scpt=nber 5, 1990, as amended by Amenslm= to Amid Final Order of Condemnation, filed on August. 28, 1991,1n favor of the State of Hawaii, crnxL=ning a pordan of Lot 8215, tgm pamcuMy described them m. (Not noted cm Tta nsf= Certificate of Tide referred to herein) (B) DECLARATORY JUDGMENT tWed and filed in the Circuit Cat of the Third Circuit, State of Hawaii, Civil No. 91-269, on AprU 6, 1 M-, ORCKIDLAND CC1r Q1 VJKITY ASSOCIATION, INC., a Hawaii non-pofit corporation, "Plaimfif ', vs. HILQ DEVELOPAM4T, INC., ct aL, 'DtfeadanV';rc:PlxiTrfi is entit12d to collect road !fie fees and a ail property owners with the Orchidlaad Estazes Subdivimon holding an andTvidad filter in and w Roadway Lot SZ 15, colataiaiag an area. of 213.2.54 arms, as shawn on Map 53 filed in the O$icc of tfie AssL� Regotiar of the Land Court of the Stair of Hawaii with Lm. Court Appiir No. 1053, as amndaL (Nat noted on Transfer Certificate of Title rexrre+d to herein) (C) Rigkus of o#hcrs who own undivided interesgsl or havc :00 ac or w4ess rigis, in said panel. 6 K. Traffic impacts - assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use (a formal study may be requested by Department of Public Works or Department of Transportation during the review process). Since we expect to schedule 2 or 3 activities on a given day, occupancy may vary from 24 to 120 people. Using an estimate of 3 people per vehicle, this would mean 8 to 40 vehicles parked on the site on a given day. Most activities will be scheduled between 8 a.m. and 5 p.m. Special events and some meetings will be scheduled between these hours or between 5 p.m. and 9 p.m. L. Availability of Utilities: Water, telephone, electricity, sewage disposal. Water: Capacity will be determined by our Civil Engineer. a) Community Center 2 - Operational tanks 1 - Fire suppression tank b) Concession Area 1 - Operational tank 1 - Fire Suppression tank Potable Water: Potable water, 2 closed tanks, one for the community center and one for the concession area will be provided by commercial haulers, as needed. Telephone: Landlines (telephone) are available. Internet connection is also available. 12 Electricity: Electrical connection is available from 36th Avenue. Electrical Vehicle Charging station will be installed. Sewage Disposal: Septic Systems will be installed to accommodate the needs of the entire project. 4. An Original and twenty (20) copies of how the request meets the following criteria: A. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. Include discussion on how the proposed use is not contrary to Chapter 205A. Coastal Zone Management (existing public access, scenic or open space resources, coastal view planes and coastal ecosystems); Orchidland Estates is zoned for agricultural use, A3-a. Promoting Chapter 205 Granting this request would promote the goals of Chapter 205, Hawaii Revised Statutes, which allows for uses which improve the quality of life for Hawaii's people and which protect agricultural lands. The proposed Orchidland Neighbors Complex will provide a venue for agricultural and educational workshops, as well as kitchen for processing value added agricultural products. Our General Goods and Agricultural Products Open Market will provide an additional economic outlet for fresh produce. In reference to Chapter 205A, Coastal Zone Management, the proposed use is not contrary to this chapter, since the subject parcel is approximately 5 miles from the shoreline. There are zero public access, scenic or open space resources on the subject site. The property use is not contrary to Chapter 205A, Coastal Zone Management. It does not deny public access to scenic or open space resources, coastal view planes or coastal ecosystems. of Chapter 205, Hawaii Revised Statutes. 13 B. The desired use shall not adversely affect the surrounding properties; Impacts to Surrounding Properties The proposed Orchidland Neighbors Community Complex, planned for Orchidland will not adversely affect the surrounding properties. Any noise or visual impact will be mitigated by appropriate landscaping and placement of one-story structures. Most sounds, associated with scheduled activities will occur during the typical work day, 8 a.m. to 5 p.m., during daylight hours. The design of the proposed project will be aligned with the character of the surrounding area and the planned development pattern of the Orchidland community. The complex will provide meeting spaces, a commercial kitchen and recreational features which are present in some communities, but lacking in Orchidland and many Puna communities. In addition, the site provides these activities and services in an area located in Lava Zone 3, a less hazardous location than Pahoa. Many programs and events offered by the County of Hawai'i, cannot presently be held in Orchidland because there are no sites to accommodate them whether they require an indoor or outdoor venue. This project would have a positive impact for the community. The proposed complex will satisfy the needs identified by residents for a General Goods and Agricultural Products Open Market, meeting spaces, a commercial kitchen, cottage industry startups, health and recreation activities and distribution of food and emergency supplies. The Planning Director can approve infrastructure for community use even though it goes beyond strict agriculture zoning. All patrons will park on site in parking areas provided by the applicant. Permitted Uses Chapter 205-4.5, Hawai'i Revised Statutes, as revised, Section 6, 9 and 10 detail some of these permissible uses on lands zoned for agriculture: "soccer fields, picnic grounds and other recreational uses," "ag based commercial operations, farmers markets," and "public buildings that are necessary for agricultural practices." 14 C. Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The facility will be constructed to County and State codes and shall not unreasonably burden public agencies. This facility will add value to the community. Roads and Streets Roads and Streets in Orchidland Estates Subdivision are private roads, privately maintained by the Orchidland Community Association (OLCA). The applicant currently pays and will continue to pay appropriate Association Mandatory Road Maintenance Assessment (MRMA). Such use shall not unreasonably burden public agencies to provide roads and streets. Sewers There are zero sewer lines in the vicinity of the project in Orchidland Estates. The project will be served by private septic systems installed and maintained by the applicant. Water There is zero public water lines available for this project. • Operational water o Waste water systems will be installed and maintained by the applicant. • Fire Suppression o Fire suppression tanks will be installed by the applicant, according to Fire Department codes. • Potable Water o Potable water will be supplied by the applicants. Drainage On site drainage will be managed by grading and installation of appropriately placed drains to handle runoff. School Imarovements The project involves no school improvements. 15 Police and Fire Protection Police and Fire Protection will continue to be available as it is in the rest of the subdivision. The Hawaii Police Department Pahoa Station and Fire Station is 7.5 miles from the proposed site and provides police and fire protection to the area. D. Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established: • Population of Puna subdivisions has increased ten percent per year, • Recent volcanic eruptions have displaced and disrupted uses and services in Orchidland Estates as well as in Lower Puna subdivisions. • In 2020 Covid 19 challenged the community and new needs arose. • Roadside pop-up markets and food sales have increased. • There are zero parks or playgrounds in Orchidland Estates. Orchidland Neighbors responded to new conditions, trends and needs with the following activities: • In 2017, ON established a Food Basket to combat food insecurity in the growing Puna population. • During the 2018 lava eruption, ON distributed emergency supplies and emergency response information to residents affected and displaced by the lava eruption. • Throughout the Covid 19 pandemic, ON distributed test kits and information. • ON is now offering a site for consistent and convenient emergency distributions in Lava Zone 3. • ON is offering s commercial kitchen to accommodate food entrepreneurs with increased food safety. • ON has planned a soccer field, playground and a skate park to meet recreational needs for the growing population. 16 Orchidland Estates and Hawaiian Paradise Park, are located between the commercial centers of Keaau and Pahoa. These two commercial centers currently support some of the needs of the district. However, these towns are more than five miles from the subject property and even farther from lots deeper within the subdivisions and do not provide convenient access for area residents or a sufficient array of services. E. The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The land upon which the proposed use is sought is suitable for agriculture. It is also suitable for a Orchidland Neighbors Community Complex to serve residents who live on agricultural parcels. The project provides a much -needed venue for agricultural commerce, education and recreation for residents who live on agricultural parcels. The site is in Lave Zone 3. The site is fairly level, unused land. The subject parcel is classified as "OTHER," in the Agricultural Lands of Importance to the State of Hawaii, (ALISH), report. This is the lowest classification of agricultural potential in the report. F. The proposed use will not substantially alter or change the essential character of the land and the present use. The proposed use will not substantially alter or change the essential character of the land and the present use. The essential character of the land is agricultural. The land is poor quality and vacant at present. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) study, the proposed site is classified "OTHER," of which there are 452,298 acres on the island of Hawai'i. "OTHER," is defined as having a slope less than 20 percent with some moisture, not classified as "PRIME," or "UNIQUE," and the soil is described as, "Thin, organic soil underlain by lava." Due to the poor agricultural potential, approval of this special permit would not represent a significant impact to the County of Hawaii Agricultural land inventory. 17 Any change in the use of the parcel will focus on agricultural uses, gardens, markets, kitchens, and will provide a showcase for agricultural activities and products. These improvements are within the scope of agricultural zoning and complement existing plans for the subdivision. G. The proposed use will not be contrary to the goals, policies and standards of the General Plan and other applicable documents such as community development plans and design plans. (Note: Copies of the General Plan document and other plans are available at the Hawaii County Planning Department or at public libraries) General Plan The County General Plan states the proposed use will not be contrary to the goals, policies and standards of the General Plan. Section 10.1.2, of the General Plan, Public Facilities, states "Goal (a) Encourage the provision of public facilities that effectively service community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping with the environmental and aesthetic concerns of the community." Section 14.1.3(f), Land Use Policies, states that the plan shall, "Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment." The proposed project, for which we are requesting a Special Permit, will fulfill this policy in Orchidland. Puna Communitv Development Plan The Puna Community Development Plan specifies an area for a Village Center in Orchidland Estates. The proposed project is within two blocks of the boundary of the Village Center and fits within the concept of the Plan. The project will follow all current design standards. The Puna Community Development Plan (PCDP) attempts to further define the General Plan and serves as a guide for decision -makers. The request is in alignment with the goals, objectives and policies outlined in the PCDP: 3.1.1 (a) and (b) state: "Puna retains a rural character while it protects its native natural and cultural resources," and (b) "The quality of life improves and economic opportunity expands for Puna's residents. The grading permit obtained by Orchidland Neighbors in 2021, designates the zoning of the subject parcel as A-3a (1-Zoning Code) and A (2-State Land Use). 18 The project site is outside the State Urban District. The Orchidland Neighborhood Village Center was identified by the community association to be located along Orchidland Drive from Highway 130 to halfway between 34th and 35th Avenues, which encompasses 15 parcels and an area of about 16 acres, see attached. 19 IMPLEMENTATION m ❑rchidland Neighborhood Village Center The (rchidland neighborhood village cenler location was identified by the community association to be "located along Chchidland Drive from highway 130 to halfway hctwern 34th anti 35th Avenues '. which cncompaases 15 parcels and an area of abnui 16 acres. 1'he area is outside the State Urban District. Figure Fr 10. Orchid land Neiphborhood Village Center d a ..............% :............... ;............... ............................... %-In 20 PrO mmar Oicb4=4 ...� Hn�shoad ....s9 049 Cnss • Bo�dyy _ r u� ►.rq •• �] Agrr•.hral Inc. H The proposed use is an unusual and reasonable use of land, which would not be contrary to the objectives to be sought by the Land Use Law and Regulations, which, for the Agricultural and Rural Districts, seeks to preserve or keep lands of high agricultural potential in agricultural use. The proposed use is an unusual and reasonable use of the land, which would not be contrary to the objectives to be sought by the Land Use Law and Regulations, which, for the Agricultural District, seek to preserve or keep the land of high agriculture potential in agriculture usage. Land in the Agricultural District includes areas with a high capacity or potential for agricultural uses but also includes lands which are surrounded by or contiguous to agricultural lands which are not suited to agricultural uses by reason of topography, soils or other related characteristics. 5. An original and twenty (20) copies of a scale -drawn plot plan of the property showing Property lines and measurements; all existing and proposed structures with elevations, uses and improvements; and reference points such as roadways, shoreline, etc. See attachment in EPIC of scale -drawn plot plan. 6. One copy of a full-size (2' x 3') scale -drawn plot plan of Item 4 for presentation purposes. Full size scale -drawn plot plan of Item 5 for presentation purposes is available. 7. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. See attachment in EPIC of all owners and lessees of record of surrounding properties. 8. Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request. Any other plans or additional information relevant to this application will be available upon request. 21 The Archaeological Field Inspection Report, further states, in regard to valued cultural resources: "There were no archaeological sites or features identified in the portion of the survey corridor closest to the current project area." Public Access: Existing public access to and along the shoreline or to mountain areas and knowledge of whether public access is being used. The proposed project does not have existing public access to the shoreline and mountain area. J. Description of Access(es) to the area (e.g. width, type of surface and condition of roadway). If a private roadway, submit evidence of access rights. Access Access to the Orchidland Neighbors Community Complex is via Highway 130, a sixty -foot wide, paved state highway, via a right or left turn onto Orchidland Drive, a sixty -foot wide, paved road, and a right turn onto 36th Avenue a forty - foot wide unpaved two-lane road. The site is three lots from the corner of 361n Avenue and Orchidland Drive. The project site may also be accessed through unpaved roads within the subdivision. (For the Warranty Deed, Tax Key Map # 160100050000 see the attachment in the EPIC system.) Access Rights Orchidland Neighbors has access rights to the property over private roads as shown in Exhibit A of the Warranty Deed, affecting TMK 1-6-010, 005 and 006, "an undivided 2/24901" interest to be used as a right of way and for road purposes only in common with all others entitled thereto ..." Roadway Fees Orchidland Neighbors expects to be assessed an additional fee for roadway maintenance. 11 SCIENTIFIC CONSULTANT SERVICES Inc. ^•sssm:::::�:aas:r.:csss:.e::as:c�:„::.n;;=c:os�.-.:sr•r:rssuss:a:r.:: --etsrr.:ae:s =:•rs�rs�rssnini:�s 9� ETei eeeie ami3>t�ei::s•93'�. 11M:ii "01°iC �c:sss •er•^:Yii:%»ii'i e?�iym�::i_�:l:i3i3CEiiE;s� Hawai'i Island Office: PO i September 7, 2021 Barbara Arthurs Orchidland Neighbors HC 2 Box 5688 Kea` au, HI 96749 808-990-4841 babsarthurs@gmail.com Re: Archaeological Field Inspection Letter Report for 4.0 acres of land [TMK: (3) 1-6-010:005 and 006] located in Kea`au Ahupua`a, Puna District, Hawaii Island, Hawaii. Aloha e Barbara: In response to a State Historic Preservation Division (SHPD) letter (Project No. 2021PR00763, Doc. No. 2107JG08) requesting an archaeological field inspection (AFI), Scientific Consultant Services, Inc. (SCS) conducted an AFI to determine the presence or absence of historic properties on 4.0 acres of land referenced in the subject heading above [Enclosures 1 through 3]. The study was requested by SHPD in response to a grading permit application submitted to the County of Hawaii Department of Public Works [Enclosure 4]. The AFI was conducted under contract to the property owner, Orchidland Neighbors, of which you are a board member. The project area consists of two contiguous 2.0-acre parcels. Parcel 005 is located at 16- 1661 36th Avenue and Parcel 006 is located at 16-1655 36th Avenue. The project area is bounded to the southwest by 36th Avenue and by residential parcels on the remaining three sides [Enclosure 5]. Parcel 005 and Parcel 006 are undeveloped land. Environmental Background The property is located at 440 feet (134 meters) above mean sea level on a single Kilauea lava flow dated between 200 and 750 years before present (Wolfe and Morris 1996). The geological substrate is bare pahoehoe lava (rLW) with shallow mucky soil deposits (Sato 1973:34). The project area is 0.8 km west of the Kazumura Cave alignment. The property ground surface is fairly level with low undulating pahoehoe outcrops. Annual rainfall at the property ranges from 120 to 160 inches. There are no major gulches or natural drainages located on or near the project area. 1 Orchidland Neighbors AFI 9/7/2021 Page 2/5 Plants in the project are dominated by false staghorn fern (Dicranopteris linearis), `ohia (Metrosideros sp.) and introduced species such as waivi (Psidium cattleianum), common guava (Psidium guajava), octopus tree (Schefflera actinophylla), Moluccan albizia tree (Falcataria moluccan), Asian melastoma (Melastoma septemnervium), and cecropia (Cecropia glaziovii) (Starr Environmental 2013). Cultural and Historical Background Historical accounts of Kea`au Ahupua`a are scarce but provide some information on traditional residence patterns, land -use, and subsistence. William Ellis passed through Kea` au Ahupua` a in 1823 while travelling along the Coastal Trail from Kilauea to Waiakea Ahupua`a, Hilo. Ellis' journey took him along the coast and through Kea`au Ahupua` a (Enclosure 6). Most of the habitation was along the coastal trail or on the coastal flats near to the coastline. Ellis described Kea`au Village as the most northerly village in Kea` au Ahupua` a (Ellis 1963 :296). The village was large and populous with an abundance of taro, sweet potato and sugarcane gardens. He suggested the area was made more fertile by the swiftly flowing stream at Hd'ena. Kea` au Ahupua` a was awarded to William C. Lunalilo as part of Land Commission award (LCA) 8559-13. A smaller, 13.64 acre award in Kea`au Ahupua`a was made to Hewahewa as LCA 8081. The small award was used primarily for coffee agriculture and contained no house or other improvements. The lot associated with LCA 8081 was sold to the Roman Catholic Church in 1865. A search was conducted of Historic maps, County Planning maps and files, and online collections such as Papakilo and Ulukau to find a map showing the only award (LCA 8081) made within the larger Kea`au Ahupua`a award (LCA 8559-13). There are no maps on file showing LCA 8081. It does not appear on TMK maps. The church property was located between in Kea`au town, where the 76 Gas Station is currently located [TMK: (3) 1-6-002:024]. The potential to use Kea` au's rich arable land for commercial prospects was recognized as early as the 1870s when it was leased for coffee growing and for cattle grazing. In 1881, the entire ahupua `a was purchased at auction by Samuel Damon, William H. Shipman, and E. Elderts from trustees of the deceased William C. Lunalilo Estate. Shipman bought out the two partners within three years of purchasing the land. Shipman leased portions of Kea` au Ahupua` a to the `Ola` a Sugar Company in 1899. It was the development of `Ola`a Sugar Company fields, the construction of the sugar mill in Kea`au, and the construction of 8'/z Mile Camp south of the mill, that created modern day Kea` au town as a small commercial and residential center. Eight and One -Half Mile Camp was one of nine plantation "villages" that provided company housing for Puna Sugar Company workers. 2 Orchidland Neighbors AFI 9/7/2021 Page 3/5 Sugarcane agriculture, cattle ranching and the cutting of lumber in Puna led to the construction of a railroad line and the upper road (Kea`au — Pahoa Highway, Route 130) to service travel and shipment of goods between Hilo and Pahoa [Enclosure 7]. The upper road opened new land further inland that soon became the locus of homes and gardens. An 1889 description of Puna suggests depopulation along the majority of the Puna near - coastal area (Maly 1999:6, 107). The new road being constructed from Hilo through Kea`au to Pahoa was designed to allow access to the more arable inland areas. People who traditionally had lived along the Puna coast were moving toward Hilo and into the more fertile upland areas of Puna in order to find paid work and to produce cash crops for local markets and for export. From the 1950s onward, the land on either side of the Kea`au — Pahoa Highway was subdivided into residential and agricultural lots. The residential developments include Orchidland Estates, Hawaiian Paradise Park, Hawaiian Acres, Hawaiian Beaches, etc. The current project area is located along the southern boundary of Kea`au Ahupua`a. It is 8.25 kilometers (km) south of Kea`au Town and 7.5 km mauka (west) of the coastline. The ground surface is lava with shallow soil deposits. The closest sugarcane fields were once located 3.4 km northwest of the project area, just northwest of the Orchidland Estates residential subdivision. Previous Archaeological Studies Both pre -Contact era and post -Contact era habitation and agriculture are known to have occurred along the coast in Kea` au Ahupua` a (Escott and Mello 2018; Ewart and Luscomb 1974; Hammatt 1978; Lass 1997). The project area parcel is 7.5 km west of the coast. Archaeological studies conducted in Kea`au, neighboring Waikahekahe and other ahupua `a to the southeast, identified primarily coastal sites, as well as a limited number of mid elevation (200-500 ft amsl) sites (Escott 2020; Komori and Peterson 1987: Rosendahl 1985). Coastal archaeological sites consist primarily of habitation features, agricultural features and trails. Habitation features are primarily enclosures, platforms, rock paved area, and terraces. Agricultural features include rock clearing mounds and small garden enclosures. A pedestrian survey (Komori and Peterson 1987) conducted within the near coastal flats of Maku`u Ahupua`a identified five agricultural complexes, a habitation platform, several burials, petroglyphs, and a refuge cave. Archaeological features included rock walls, lava tubes, terraces, platforms, ditches, and cleared garden areas. There were only three archaeological sites documented within more than 2,000 acres in the inland portions of Maku`u Ahupua`a. Sites included a rock mound marker, an agricultural terrace and a complex consisting of a large enclosure, a rock mound, a rock wall, and a platform. 3 Orchidland Neighbors AFI 9/7/2021 Page 4/5 PHRI, Inc. conducted an archaeological field inspection (Rosendahl 1985) of a proposed park site within Parcel 126, located along the southwest edge of 17th Avenue. A number of archaeological features were identified within a four to five -acre kipuka surrounded by a more recent lava flow. The ground surface within the kipuka was described as "generally level to gently rolling terrain and well -developed organic soil atop the pahoehoe lava substrate" (Rosendahl 1985:1). A range of archaeological features associated with traditional Hawaiian agriculture and temporary habitation were identified within the four to five acre kipuka, including the remains of stacked stone walls, walled enclosures, low terraces and platforms, modified bedrock outcrops, rock mounds, and cleared areas (Rosendahl 1985:1). The archaeological features were determined to be "the remains of traditional Hawaiian dryland agricultural exploitation and associated temporary residential occupation" (Rosendahl 1985:1). The lack of Historic era artifacts on the ground surface at the features suggested they were constructed and used during the late prehistoric to early Historic era. There were no previous archaeological studies conducted near to the current project area, except for two studies conducted for the Kea`au — Pahoa Highway (Route 130) widening project (Wilkinson et al. 2010; Wilkinson et al. 2011). Those studies focused on the existing Route 130 alignment located approximately 0.8 km northeast of the current project area. There were no archaeological sites or features identified in the portion of the survey corridor closest to the current project area. Project Area Expected Survey Results Based on previous archaeological studies, historical and ethnographic studies, and land - use research in the area of the property, it was expected that if archaeological sites were located on the property, they would be related to pre -Contact era inland agriculture and temporary habitation. Archaeological features that might be encountered include rock clearing mounds, rock walls, rock alignments, enclosures, low platforms, and terraces. AFI Pedestrian Survey A 100% pedestrian survey of the entire project area was conducted on August 26, 2021 by SCS Senior Archaeologist Glenn Escott, M.A. A series of northeast -southwest transects, spaced 1.0 to 2.0 meters apart was walked across the project area. Vegetation was not too thick and ground visibility was good. A number of small lava tree moulds were identified and inspected. None of the openings were large enough, or deep enough, to enter. The pedestrian survey totaled eight person -hours. .19 Orchidland Neighbors AFI 9/7/2021 Page 515 Project Determination There were no archaeological features, feature remains, or artifacts identified within the project area. The field inspection pedestrian survey concluded that there are no archaeological sites or features within the project area and that there will be no effect to historic properties posed by the proposed grubbing and grading of Parcel 005 and Parcel 006. Sincerely, Glenn G. Escott, MA Senior Archaeologist Scientific Consultant Services, Inc. PO Box 155 Kea`au, HI 96749 808-938-0968 (cell) Fnr1nQ11rPQ- Enclosure 1: SHPD AFI Request Letter Enclosure 2: Hawai`i Island Project Area Map Enclosure 3: USGS TMK Project Area Map Enclosure 4: Grading Plan Enclosure 5: Aerial Photo of Project Area Enclosure 6: Northeast Hawaii 1886 Map Enclosure 7: Puna District Map Enclosure 8 through 11: Project Area Photographs Wi Donn, J.M. REFERENCES CITED 1901 Hawaii Territory Survey, Hawaii Map. Ellis, W. 1963 Journal of William Ellis. Honolulu Advertiser Publishing Co., Ltd, Honolulu. Escott, G. 2020 Archaeological Field Inspection Letter Report for a 22,445 Square Foot (0.515-acre) Portion of 17th Avenue [TMK: (3) 1-5-023: 253(por.)J in Hawaiian Paradise Park, Waikahekahe Nui Ahupua `a, Puna District, Hawai `i Island. SCS Report #2578 prepared for the Hawaiian Paradise Park Home Owners' Association, Kea`au. Escott, G., and N. Mello 2018 An Archaeological Monitoring Plan for 18. 0 Acres of W.H. Shipman, Ltd. Property in Coastal Kea `au Ahupua `a, Puna District, Hawai `i Island, Hawai `i [TMK: (3) 1-6-001: 001 (por.) & 1-6-001: 003 (por.). SCS Report #2241-2 prepared for W.H. Shipman, Ltd., Kea`au. ESRI 2013 Arc GIS Explorer. Environmental Systems Research Institute, Redlands, Ca. Ewart, N. E. and M.L.K. Luscomb 1974 Archaeological Reconnaissance of Proposed Kapoho-Keaukaha Highway, District of Puna, Island of Hawai `i. For Sam O. Hirota, Inc. and Department of Public Works, County of Hawaii. Department of Anthropology, Bernice P. Bishop Museum, Honolulu. Google Earth 2016 Google Earth Imagery. Google Earth. Mountain View, Ca. Hammatt, H.H. 1978 Archaeological Reconnaissance of the Proposed Kings Landing Subdivision, Kea `au, Puna, Island of Hawai `i. Report 14-141. For Hawaiian Paradise Park Corporation. Archaeological Research Center Hawai `i, Inc. Hawaii County Planning Department 2015 Hawaii County TMKMaps. http://www.hawaiicounty.gov/tax- maps/current. R Komori, E. and I. Peterson 1987 Cultural and Biological Resources Survey of the Poho `iki to Puna Substation 69KV Transmission Corridor Kapoho to Kea `au, Puna, Hawai `i Island. Lass, Barbara 1997 Reconnaissance Survey Along the Old Government Road, Kea `au, Puna, Island ofHawai `i. Department of Anthropology, University of Hawai`i- Hilo, Hawaii. Maly, Kepa 1996 Historical Documentary Research and Oral History Interviews: Waiakea Cane Lots (12, 13, 17, 18, 19,20, and 20-A). Kumu Pono Associates, Hilo, Hawai'i. On file at State Historic Preservation Division, Kapolei, Hawaii. National Geographic, Topo! 2003 Seamless USGS Topographic Maps on CD-ROM, Hawaii. National Geographic Holdings, Inc. Washington, D.C. Rosendahl, P. 1985 Proposed park site on 17th Street, Hawaiian Paradise Park field inspection letter. June 9, 1985 letter by PHRI, Inc. to Mrs. Kiki Shappell, Board and Planning Committee Member, Paradise Hui Hanalike, Kea`au. Sato, H., W. Ikeda, R Paeth, R Smythe, and M. Takehiro Jr. 1973 Soil Survey of Island of Hawaii, State of Hawaii. United States Department of Agriculture Soil Conservation Service. Washington D.C. Starr Environmental 2013 Botanical and Faunal Surveys in the State of Hawaii. Makawao. www.starrenvironmental.com. Wall, W. 1886 Map of the Island of Hawaii. Hawaiian Government Survey, Registered Map 91438. 1927 Map of Puna Forest Reserve. Hawaiian Territory Survey, Registered Map 92753. Wilkes Expedition 1841 Map of Part of the Island of Hawaii, Sandwich Islands. Registered Map 90424. 7 Wilkinson, S., A. Mitchell, and H. Hammatt 2010 Draft Archaeological Inventory Survey Report for the Kea `au-Pahoa Road Widening Project, Kea `au Ahupua `a to Waiakahiula Ahupua `a, Puna District, Hawaii Island. Cultural Surveys Hawaii, Inc. report prepared for S SFM, Honolulu. 2011 Draft Addendum Archaeological Inventory Survey Report for the Kea `au- Pahoa Road Widening Project, Kea `au Ahupua `a to Waiakahiula Ahupua `a, Puna District, Hawaii Island. Cultural Surveys Hawaii, Inc. report prepared for SSFM, Honolulu. Wolfe, E.W., and J. Morris 1996 Geological Map of the Island of Hawaii. U.S.G.S. Miscellaneous Investigations Series. Department of the Interior, Washington, D.C. N. Enclosure 1: SHPD Letter Requesting Archaeological Field Inspection. DAVID Y. 2GE 1R a r 0144, ,otiFxvor c� r_s.r.a a ,+ 19sa , �r STATE OF HAW -All DEPARIMENY OF LAXD .AXD tiAn-1LA . RESOURCES STATE HISTORIC PRESERVA110N DRISION KAKUHHEW-A BuaDNG 601 KAMOK LA BLXD. $- E 555 S.APOLEI, ILaSVAE 9670' July 13.2021 lkaika Rodenhurct Director Department of Public Works Countv of Hawaii 101 Pauahi Street_ Suite 7 Hilo_ Hl 96720 Public works lmwaiicounry.gov Dear Mr. Rodenhzu st: SIMN.'a D CASE rxnrarrn.47 xuMD[1 L5tl�.N'f \5R'Rx REY[l SE'Eti xux.urue,- soaFxr K Iresta4L 1d SALEo SEM IL i1F1f TY PRx(^[fR . \'+1TxR RMTTT AhT[[RTL"LFFRFAi�t•' BI:xFJY f ['i i TM1'FYNICS f'f!1]Alf�fMY-[H N 1TlIl Rl9fiLR[:l1LNA�MIN? —AP— A.�TJ [YiAYt at. u �S F1fx A•5[1 x}. xryFFs TprL-Fi[Fxi x�n.er FF�eRv.rq: [AHFl[fuas 79i.nn'a RE4XLS ronawan: Ln n SLATE FMCS W REPLY REFER TO: Project No_ 2021PR00763 Doc, No. 2107JGOS Archaeology SUBJECT: Chapter 6E-42 Historic Preservation 12etiew Count}- of Hawaii Grading Permit for the Orchidland Neighbors property Kewau Ahupua`a, Puna District. Island of Hawaii TIM (3) 1-6-010:005 and 006 This letter provides the State Historic Preservation Dnisioti s (SHPD-s) renew of the subject County of Hawaii grading permit application received by our office on July 2, M21. The submittal included a HRS 6E Submittal Form a Department of Public Works Form 33, a TMK nr.•tp of the project parcel_ a satellite usage of the project area_ and a grading plan. The applicant Orchidland Neighbors (landowner). proposes grading activities to facilitate the future developrnetts of a coumnu ity center. The project area consists of a 3.7-acre portion of the combined 4.0- acre parcels. Project Description The subject parcel -is within the Orchid Laid Estates area. The proposed grading activities consist of approximately 1,330 cubic yards of cut and t.330 cubic yards of fill: grading and leveling Kill occur throughout the project area and its peruneter. Findings The submittal indicates that the subject parcel has not been previously- impacted by ground -disturbing activities. A review of our records indicates that no ardiaeological inventory survey (AI5) has been condtmed nithin the subject parcel and tliat no historic properties have been identified within the subject parcel. Determination Pursuant to Hawaii Administrative Rules (HAR) §13-284. SHPD has insufficient information to determine the potential of the proposed project to impact historic properties. SHPD requests that an archaeological field inspection be conducted of the subject parcels by a qualified archaeologist to determine if undocumented historic properties exist in the project area. If unrecorded historic properties are present. SHPD will request that an archaeological inventory surrey (AIS) be completed and report be submitted for review and acceptance prior to initiation of land altering activities. A list of permitted archaeological firms is provided at: httv:: 'dhir.hawaii. gov'shpd, abouvbranches archaeology'. SHPD rill notify yon when the required reports and or plans have been reviewed and accepted and permit issuance may proceed. Please contact Joshua Gastilo at (808) 933-7653 or at ioshua.aastilaajuawaii.Qov for any questions or concerns regarding this letter_ I Mr. Rodenhurst July 13. 2011 Page Aloha_ *10l IzNle - Alan S. Donner. PhD Adnunistsator_ State Historic Pre- ation Ehl Islon Deputy State Historic Presenatton Officer cc- Sterling Chou_ sterlutg.chow0Jmnaucountv.t ov Melanie Demello, ntelarue.deutellow'a hawmicomin^Pov Bryce Harada_ Br-we.harada iiha'%%Taucountv.zo� Jeff Ross, jross a::islandoignieeruigllc.coin^^ 10 r, D13-1E. '94o;emi. '06 cc—E. 218--E. z30c0am E. �42 ce.m E, 254--E.-66000m E. s780001 E. �90.0m E. WG584 Zone 50 D210D0. .:' H A W A I I .� •' (HAWAII COI I' K 4_N Iti,r C I9 A ..+I F KA - - -- ---= - - - - - - - - - - - - - -_ I \I 1 14 Zone 40 816000m E, s990 0m E, a07060m E. 319Da01E, 2310--E, 243>•116. 25SOOm E, 267010m E. 2 79 060m E. =9106:m E. 303 Doom E. 31 1p m,lef m Enclosure 2: 5,500 K-Series Map of Hawaii Showing Location of Project Area (National Geographic Topo!, 2003. Sources: National Geographic Society, USGS). 11 3Nn AUDd',?1'd t 11 I rr I I I I i .III � - r J 45 / O o� 1 I U V '\ 1\ \// � I \I \ \ I O o a o o o o E a 3 :� � ii EIS , 1 11m 1 1 I ! I f I I idol, ! l G ' ,p a \ a W yll,f `'.4+,p �.T i °' � \\�� �\`\�1'� � I�Irlrli4,?�+fgl�i!//�� tjy;' /!'34..."' �e w • 7T , d Y �,9/ a0 A Y7 ^6 y - . T •,, .� Cu'� +YFj r lam- �g . F 4R il. ! . " t AM -- ••'yam=rar��� _;t - '% � �. �\ �. f� ;�}� �` "± w°F fiti yam" � � •�` •� � y � ' ���� 1 :� � `' rya- 1 •'� x i('''. � y " �`�- �` « �Y��i� 11i� i .,�- �! •'�' ew,c.4, F'�.�!''L4,� f' --[ { y . � - ��— � 1 }nLr .� 1'� ''�i^ 1,.n-fr.y.� `!` � ;r l lLnln'' � J • .. l DAVID Y. IGE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLEI, HAWAII 96707 September 30, 2021 Ikaika Rodenhurst, Director Department of Public Works County of Hawaii 101 Pauahi Street, Suite 7 Hilo, HI 96720 Public_ workskhawaiicounty.og_v Dear Mr. Rodenhurst: SUZANNE D. CASE CILURPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ONWATERRESOURCEMANAGEME ROBERT K. MASUDA FIRST DEPUTY M. KALEO MANUEL DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATINGAND OCEANRECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS IN REPLY REFER TO: Project No. 202IPR00763 Submission No. 2021PR00763.002 Doc. No. 2109JG25 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review —Revised County of Hawaii Grading Permit for the Orchidland Neighbors property Kea`au Ahupua`a, Puna District, Island of Hawaii TMK: (3) 1-6-010:005 and 006 This letter provides the State Historic Preservation Division's (SHPD's) revised review of the subject County of Hawaii grading permit application originally received by our office on July 2, 2021. The original submittal included a HRS 6E Submittal Form, a Department of Public Works Form 33, a TMK map of the project parcel, a satellite image of the project area, and a grading plan. SHPD requested an archaeological field inspection (FI) be conducted (July 13, 2021; Project No. 2021PR00763, Doc. No. 2107JG25) and received the FI report (Escott 2021) on September 17, 2021 (Submission Nos. 2021PR00763.001 and 2021PR00763.002). The applicant, Orchidland Neighbors (landowner), proposes grading activities to facilitate the future development of a community center. The project area consists of a 3.7-acre portion of the combined 4.0-acre parcels. Project Description The project area is within the Orchid Land Estates area. The proposed grading activities consists of approximately 1,330 cubic yards of cut and 1,330 cubic yards of fill; grading and leveling will occur throughout the project area andits perimeter. Findings Scientific Consultant Services, Inc. (SCS) conducted the FI (Escott 2021). The FI report includes a description of the project parcel, a brief cultural and historical background of Kea`au Ahupua`a, a summary of previous archaeological studies in Kea`au Ahupua`a, the results of the field inspection, and a recommendation for a determination of effect for the proposed grading activities. The field inspection involved a 100% pedestrian survey of the entire project area on August 26, 2021 with transects spaced between 1 to 2 meters apart. No historic properties were identified. Escott (2021) recommends a project effect determination of "no historic properties affected." Determination Based on current information, SHPD's determination is no historic properties affected for the proposed project. Pursuant to HAR §13-284-7(e), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation review process is ended. The permit issuance process mayproceed. Mr. Rodenhurst September 30, 2021 Page 2 Attach to permit: If historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at (808) 933- 7651. Please contact Joshua Gastilo at (808) 933-7653 or at ioshua.gastilokhawaii.gov for any questions or concerns regarding this letter. Aloha, Alan Downer Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Sterling Chow, sterling. chow_..hawaiicoun ov Melanie Demello, melanie.demellokhawaiicounty.og_v Bryce Harada, Bryce.haradakhawaiicounty.og_v Jeff Ross, irosskislandengineeringllc.com Glenn Escott, ggescottAyahoo.com Mitchell D. Roth Ramzi I. Mansour MayorDirector QD Lee Lord Brenda Iokepa-Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street, Suite 41 • Hilo, Hawai'i 96720 - cohdem@hawaiicounty.gov Ph: (808) 961-8083 • Fax: (808) 961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Dire for Q) . • ft-lal .— Department of Environmental Management DATE: October 14, 2022 SUBJECT: Special Permit Application (PL-SPP-2022-000013) Applicant: Orchidland Neighbors Request: To Allow a Multi -Purpose Community Center Complex Tax Map Key: (3) 1-6-010:005; 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. (X) 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. (X) 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. (X) 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 Hawaii is an Equal Opportunity Provider and Employer Exhibit 2 Ramzi I. Mansour, Director October 14, 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. ( ) Other: RM:pls 2 Mitchell D. Roth Mayor Lee E. Lord Managing Director January 29, 2021 Ramzi 1• Mansour Director Brenda D. lokepa-Moses Deputy Director County of H awa i `i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kek0an5o'a Street, Suite 41 • Hilo, Hawai'i 96720 Ph: (808) 961-8083 • Fax: (808) 961-8086 Email: cohdem@hawaiicounty.gov SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines Ior reviewing Solid Waste Management Plans, for which special conditions are placed on developments. The Solid Waste Management Plan will be used to: (1) promote and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County Solid Waste Management Facilities, and (3) predict the additional vehicular tral'lic being generated because ofwaste and recycling transfers. A State of I-lawai'i licensed engineer shall prepare a suitable Solid Waste Management Plan for review by the Department of Environmental Management, REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes), B. Construction and Demolition materials; C. Paper (including cardboard); D, Metal (including ferrous and non-ferrous metals). E. Plastic; 1'. Special (including ash, sludge, treated medical waste, bulky items, tires); G. Hazardous (including paint, vehicle fluids, oil, batteries); and I-1. Glass. 2. Indicate onsite source separation by waste type; i.e. source separation bins for glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. C'ounly of 1 Ia%vai'i is an F(liml Opportunity Provider mid Employer. Solid Waste Management Plan Guidelines Page 2 of 2 3. Identification and location of the proposed waste reduction, waste re -use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of vehicle movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County -operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A Solid Waste Management Plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the Solid Waste Management Plan as complying with applicable Federal, State and County of Hawai'i Solid Waste Laws, Regulations, and Administrative Rules. Should you require additional information, please contact Greg Goodale, Solid Waste Division Chief, at (808) 961-8515. CONCUR: Ramzi I. Mansour DIRECTOR County of Hawai' i is an Equal Opportunity Provider and Employer. ❑f �n----rwwEx��""s qS • r"r•J+a a+ l+ S •: 4 J DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAPI �..._.•a ` 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAI`I 96720 °a ir.nwni TELEPHONE (808) 961-8050 - FAX (808) 961-8657 October 7, 2022 COH PLANNING DEPT OCT 10 2022 PM 1:55 REC'D HAND DELIVERED TO: Mr. Lendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager -Chief Engineer SUBJECT: Special Permit Application (SPP 2022-000013) Applicant — Orchidland Neighbors Request — To Allow a Multi -Purpose Community Center Complex Tax Map Key 1-6-010:005 We have reviewed the subject application and have the l'ollowing comments and conditions. Please be informed that the subject property is not within the service limits of the Department's existing water system facilities. Therefore, the Department's existing water system facilities cannot support the proposed development at this time. Extensive improvements and additions, which may include, but not be limited to source, storage, booster pumps, transmission, and distribution facilities, would be required. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at (808) 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager -Chief Engineer TS:dfg copy — Orchidland Neighbors Planning Dept. ... Water, Our54ost Precious source ... Xa W41,9 one.. . Exhibit 3 The Department of Water Supply is an Equal Opportunity provider and employer. HAWAII FIRE DEPARTMENT. COUNTY OF HAWAII . HILO, HAWAII 96720 DATE September 30, 2022 Memorandum TO : PLANNING DEPARTMENT, COUNTY OF HAWAII FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: ORCHIDLAND NEIGHBORS SPECIAL PERMIT APPLICATION, COMMUNITY FACILITY 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.Bavbavan(&hawaiicount gov or call 808- 323-4761. Respectfully Submitted, /-Z,- --- 19 �. � 4 � Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 4 SUZANNE D. CASE DAVID Y. IGE CHAIRPERSON GOVERNOR OF HAWAII A i BOARD OF LAND AND NATURAL. RESOURCES .i COMMISSION ON WATER RESOURCE ;�- MANAGEMENT o, hand and Iv,, y :_ 0 STATE OF HAWAII Srare nfHawa` DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 Sep 28, 2022 MEMORANDUM FROM: T49-' DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGRQhawaii.gov) X Div. of Forestry & Wildlife(rubyrosa.t.terraao(ahawaii.aov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(a)hawaii.aov) _Office of Conservation & Coastal Lands X Land Division — Hawaii District (aordon.c.heitQhawaii.aov) TO: 1=RC)M! Russell Y. Tsuji, Land Administrator Russo// Tsgji SUBJECT: Special Permit Application (PL-SPP-2022-000013) — Request to Allow a Multi -Purpose Community Center Complex LOCATION: Puna, Island of Hawaii; TMK: (3) 1-6-010:005 APPLICANT: County of Hawaii on behalf of Orchidland Neighbors Transmitted for your review and comment is information on the above -referenced subject matter. Please submit comments by October 26, 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 darlene.k.nakamura(athawaii.aov. Thank you. BRIEF COMMENTS: Attachments cc: Central Files ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. ( �/) Comments are included/attached. Signed: Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Oct 24, 2022 Planning Dept. Exhibit 5 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Permit Application (PL-SPP-2022-000013) — Request to Allow a Multi - Purpose Community Center Complex Location: Puna, Island of Hawaii TMK(s): (3) 1-6-010:005 Applicant: County of Hawaii on behalf of Orchidland Neighbors 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 NFIR 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 proj ect 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.hawaiinfip.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: �*r CARTY S. CHANG, CHIEF ENGINEER Date: Oct 24, 2022 SUZANNE D. CASE CE...........4 DAVID Y. IGE 95 :: y cxAmEERsoN GOVERNOR OF HAWAII h: BOARD OF LAND AN-D NATURAL RESOURCES CONLNIISSION ON WATER RESOURCE NLNNAGENIENT f Land and Na s'•.�'.. ._. t t� a a ei� 0 STATE OF HAWAII State of HaWaP DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU. HAWAII 96809 Sep 28, 2022 MEMORANDUM FROM: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR@hawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terrago@hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM@hawaii.gov) _Office of Conservation & Coastal Lands X Land Division - Hawaii District (gordon.c.heit@hawaii.gov) TO: Russell Y. Tsuji, Land Administrator Russell Tsuji SUBJECT: Special Permit Application (PL-SPP-2022-000013) - Request to Allow a Multi -Purpose Community Center Complex LOCATION: Puna, Island of Hawaii; TMK: (3) 1-6-010:005 APPLICANT: County of Hawaii on behalf of Orchidland Neighbors Transmitted for your review and comment is information on the above -referenced subject matter. Please submit comments by October 26, 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 darlene.k.nakamura(a�_hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (�) Comments are included/attached. Signed: Print Name: Division: .pa_ a-7 LAINIE BERRY, Wildlife Program Mgr. Division of Forestry and Wildlife Date: Oct 28, 2022 Attachments cc: Central Files Planning Dept. Exhibit 6 SUZANNE D. CASE Q F N _ CHAIRPERSON DAVID Y. IGE 'C �'...... '9 Jy- BOARD OF LAND ANDNATURAL RESOURCES GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT ROBERT K. MASUDA FTRsrnEPurY !p a NL xAEEo mrnNnEE DEPUTY DIRECTOR -WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION '1!\ BUREAU OF CONVEYANCES `\\ STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT MAWAti� CONSERVATION AND COASTAL LANDS DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVAT GN AND RESOURCES ENFGRGEMENT ENGINEERING FORESTRY AND WRLDLIFE DIVISION OF FORESTRY AND WILDLIFE HISTORIC PRESERVATION 1151 PUNCHBOWL STREET, ROOM 325 KAIIGGLAWE ISLAND RESERVE COMMISSION LAND HONOLULU, HAWAII 96813 STATE PARKS October 28, 2022 MEMORANDUM Log no. 3835 TO: RUSSELL Y. TSUJI, Land Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Special Permit Application (SPA) to Allow for the Development of a Multi -Purpose Community Center Complex in Orchidland Estates on Hawaii Island The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) has received your request for comments for the SPA (PL-SPP-2022-000013) from the County of Hawaii, on behalf of Orchidland Neighbors, to allow for the development of a multi -purpose community center complex located at 16-1661, and 16-1655 36th Avenue, Orchidland Estates Subdivision, Puna, on the island of Hawai `i; TMK: (3) 1-6-010:005. The proposed project consists of developing on a 4-acre consolidated parcel, in several phases, a 5,100 square foot (s.f.) community center, a 900 s.f. open -sided pavilion, 2,025 s.f. to accommodate general goods and agricultural products open market, 6,000 s.f. of concession, pavilion, restrooms, and storage, 960 s.f. to accommodate shipping containers to store emergency supplies and food, athletic facilities such as a skate park and soccer field, and a paved parking area of 109 stalls. The State listed Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1 through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used to be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15. This is the period when young seabirds take their maiden voyage to the open sea. Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird -friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit htt2s://dlnr.hawaii.gov/wildlife/files/2016/03/ DOC439.pdf. The State listed Hawaiian Goose or Nene (Branta sandvicensis) could potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any are present during construction, then all activities within 100 feet (30 meters) should cease, and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch DOFAW Office at (808) 974-4221. The State listed Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity. DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees are to be cut. `Io nests may be present during the breeding season from March to September. DOFAW recommends using native plant species for landscaping that are appropriate for the area (i.e., climate conditions are suitable for the plants to thrive, historically occurred there, etc.). Please do not plant invasive species. DOFAW also recommends referring to www.planlpono.org for guidance on the selection and evaluation of landscaping plants and for consulting the Hawai`i- Pacific Weed Risk Assessment to determine the potential invasiveness of plants proposed for use in the project. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain invasive fungal pathogens (e.g., Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs, Ramie Moth), or invasive plant parts that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 to help plan, design, and construct the project, learn of any high -risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. To prevent the spread of Rapid `Ohi`a Death (ROD), DOFAW requests that the information and guidance at the following website be reviewed and followed if `ohi `a trees are present at the project site that will be removed, trimmed, or potentially injured: hops://cros.ctahr.hawaii.edu/rod. DOFAW is concerned about attracting vulnerable birds to areas that may host nonnative predators such as cats, rodents, and mongooses. We recommend taking action to minimize predator presence; remove cats, place bait stations for rodents and mongoose, and provide covered trash receptacles. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning Coordinator at (808) 295-1123 or paul.m.radleyghawaii.gov. Sincerely, Z_a_ 8-7 LAINIE BERRY Wildlife Program Manager DAVID Y. IGE GOVERNOR OF HAWAII y� „1 ° STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: September 29, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief ELIZABETH A. CHAR, M.D. DIRECTOR OF HEALTH SUBJECT: Special Permit Application (PL-SPP-2022-000013) Applicant: Orchidland Neighbors Request: To Allow a Multi -Purpose Community Center Complex TMK: 1-6-010:005; Puna, Hawaii The wastewater systems required for the proposed development shall comply with Chapter 11- 62, Hawaii Administrative Rules, "Wastewater Systems." Please be informed that septic systems may not be used if the total wastewater flow for the development exceeds 15,000 gallons per day. Should you have questions, please contact Mark Tomomitsu at (808) 586-4294. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on -site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. The Department of Health (DOH), Clean Water Branch (CWB), offers the following comments: Planning Dept. Exhibit 7 Zendo Kern October 4, 2022 Page 2 of 4 Permit Issuance Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], * A Section 401 Water quality Certification (WQC) is required if your project/activity: Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and May result in a discharge into State waters. The term "discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of "discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in -water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: https:Heha-cloud.doh.hawaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwb/. National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through Zendo Kern October 4, 2022 Page 3 of 4 (ix) and (xi). -Storm water and certain non -storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https:Heha-cloud.doh.hawaii.gov/epermit/. A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOL The NOI is available on the e-Permitting Portal website located at: https:Heha-cloud.doh.hawaii.gov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://health.hawaii.gov/cwb/. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject Zendo Kern October 4, 2022 Page 4 of 4 to penalties of $25,000 per day per violation. Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed -based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.gov/doh/pollutedrLinoffcontrol. Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a "public water system." Federal and state regulations define a public water system as a system that serves 25 or more individuals at least 60 days per year or has at least 15 service connections. All public water system owners and operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 11- 20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. ORCHIDLAND COMMUNITY ASSOCIATION ORCHIDLAND ESTATES Orchidland Community Association, Inc. c/o Data Processing Services, Inc. 99 Aupuni Street, Suite 206 Hilo, HI 96720 October 28, 2022 KEA'AU, BIG ISLAND, HAWA1'I Official Website: www.Orchidiand.org Orchid[andcommunityassociation@gmail.com To: County of Hawaii Planning Department Response from Orchidland Community Association Board of Directors to the special permit application for the proposed Orchidland Neighbors Complex. My name is Doug Anderson, I am the elected President of Orchidland Community Association (OLCA) and have served on the OLCA Board of Directors for the past 6-years. With majority Board support, I submit this response on behalf of the OLCA Board of Directors. Please note, Orchidland Neighbors has no affiliation with Orchidland Community Association and/ or the OLCA Board of Directors. Orchidland Neighbors (ON) is a separate entity that has been in -part, financially supported through grants provided by Hawaii County Council District 5 representatives since 2016, and Hawaii County and Hawaii Community Foundation in 2021. Whereas, Orchidland Community Association, the OLCA Board of Directors — represent the 2400 property owners in Orchidland Estates and are responsible for the maintenance of 40-miles of "private roads" and the 2-acre OLCA community lot, therein. Orchidland Community Association has not received any financial support from Hawaii County. We, the OLCA Board of Directors, oppose the application for the special use permit submitted by Orchidland Neighbors for their Complex the following reasons: 1) Orchidland Community Association (OLCA) has a County approved special use permit and approved site plan to build the OLCA Community Center on a 2-acre corner -lot parcel located near the intersection of Orchidland Drive and 361h Ave (16-1674 361h Ave). 2) The proposed Orchidland Neighbors (ON) multi -purpose complex would be located within 500 feet of the approved OLCA Community Center. The proposed ON Complex will significantly increase the traffic flow on lower Orchidland Drive and 36th Ave and adversely impact the lives and privacy of many adjacent lot owners. 3) The primary access to and from the proposed ON Complex on 361h Ave, would be Orchidland Drive from State Hwy 130. The intersection at Orchidland Drive and Hwy 130 is already one of the most dangerous -- and thousands of vehicles already travel this short section of "private road" from Hwy 130 to 34th Ave on a daily basis to access various businesses. Orchidland Drive is maintained by Orchidland Community Association and OLCA members road fees. To assist with ongoing and increased costs to maintain this deteriorating section of road, OLCA has 1 Planning Dept. Exhibit 8 increased commercial road fees in this area. This increased "commercial road fee" would also be applied to the proposed ON Complex as well. 4) OLCA's primary concern is public safety: there is no traffic light at the dangerous intersection of Orchidland Drive and State Hwy 130. And Orchidland Community Association does not receive any County or State funds to maintain or improve this commercial section of lower Orchidland Drive. Businesses located on lower Orchidland Drive up to 341h Ave include: Mormon church, Orchidland Store and warehouse, Minit Stop and gas station, Blanes Drive -In, HAAS elementary charter school (under construction) and Kaliko's restaurant and bar. Plus, this commercial area is also a major school bus stop. 5) In order to consider this special use permit application -- OLCA would suggest that both the County and State step up and do their part to improve the public safety issue: install a traffic light at Hwy 130 and Orchidland Drive -- and take over road maintenance and improvements from Hwy 130 to 34th Ave, improvements to include: sidewalks and school bus stops. 6) Until these public safety issues at Hwy 130 and Orchidland Drive are addressed by the County and State: The OLCA Board suggests that Orchidland Neighbors might consider working with the Pahoa Recreational Center and District Park, only 5 miles drive from the proposed ON Complex. The Pahoa Rec Center provides adequate public access, to and from County and State maintained roads. In addition, the Pahoa Rec Center provides parking and facilities to accommodate all activities proposed by Orchidland Neighbors. In addition, there are also County Parks and facilities in Keaau, only 5-miles in the opposite direction from the proposed ON Complex. And for larger ON civil defense gatherings and distribution — the Pahoa and Keaau high schools would be the most efficient and effective locations in Puna District. 2 DeVera, Ashley From: Orchidland Neighbors <orchidlandneighbors@gmail.com> Sent: Thursday, November 17, 2022 8:43 AM To: Planning Internet Mail Subject: Fwd: Orchidland Multipurpose Complex ---------- Forwarded message --------- From: Sharon Hamm <sharonhamm8@Rmail.com> Date: Tue, Nov 15, 2022 at 11:10 AM Subject: Orchidland Multipurpose Complex To: orchid land neighbors@gmail.com <orchidland neighbors@gmaII.com> Dear Windward Planning Commission/County of Hawaii, This Multipurpose facility would benefit the area so much. It would allow us a place to use for neighborhood gatherings, youths sports and socialization. The community depends on food distribution, which we are doing now at a church in the area. I feel the ideal of having a place where neighbors can come and prepare their items in a community kitchen would be appreciated by everyone, and then we could sale them at a open market held at the same location. We have so many youth in the area and nowhere for them to play sports or skate. We could also use it as a place for the kupuna in the area to gather and talk story and do crafts. It would also be a good gathering location in times of emergency. Sharon Hamm PO Box 7429 Hilo HI, 96720 16-1491 35th Ave Keaa u, H 196749 Planning Dept. Exhibit 9 DeVera, Ashley From: Orchidland Neighbors <orchidlandneighbors@gmail.com> Sent: Thursday, November 17, 2022 8:46 AM To: Planning Internet Mail Subject: Fwd: Support for the Special Use Permit Application Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: gaila vidunas <gailav@vahoo.com> Date: Wed, Nov 16, 2022 at 1:37 PM Subject: Support for the Special Use Permit Application To: orchid land neighbors@gmail.com <orchidland neighbors@gmaII.com> Hello I am writing in support of the orchidland Neighbors special Permit Application for a Multi -Purpose community complex. I have been a resident of orchidland Estates (OLE) for over 40 years, and know firsthand how not having a central community location has hampered us in a wide variety of efforts. OLE was one of the original subdivisions created, and the unforeseen mistake of not including a community lot would be partially rectified by approving this permit. The sprawling geography of OLE has led to many small neighborhood huis, but few cohesive bodies to tackle the larger issues that confront us now that more people are moving in and density is increasing. The orchidland Neighbors group has worked long and hard to create a community center where all residents could gather, and their efforts to improve life in OLE are respected and appreciated. Gaila vidunas Planning Dept. Exhibit 10 DeVera, Ashley From: Orchidland Neighbors <orchidlandneighbors@gmail.com> Sent: Thursday, November 17, 2022 8:46 AM To: Planning Internet Mail Subject: Fwd: Letter of Support Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: Katherine Madison <letsdraw321@gmail.com> Date: Wed, Nov 16, 2022 at 11:23 AM Subject: Letter of Support To: <orchidland neigh bors@gmail.com> To Whom It May Concern, I do hope this letter finds you well today. The intention of this letter is in support of the Multi -Purpose Community Complex in the Orchidland Subdivision. Having a community complex in this neighborhood adds unity to the community in support of a place to gather, to engage in sports and play, community events and markets, and a safe place in the event of community or State emergencies, to name just a few. Let's come together in support of our people and communities. Let's unify Orchidland and the neighboring communities. We support this measure! Warmly, Katie and Joe Soltys Katie Planning Dept. Exhibit 11 DeVera, Ashley From: Orchidland Neighbors <orchidlandneighbors@gmail.com> Sent: Thursday, November 17, 2022 8:42 AM To: Planning Internet Mail Subject: Fwd: Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: Katina Bradley <kbradleyk7l@gmail.com> Date: Tue, Nov 15, 2022 at 10:50 AM Subject: To: orchid land neighbors@gmail.com <orchidland neighbors@gmaiI.com> Dear Windward Planning Commission/County of Hawaii, The Orchidland area of the Big Island is growing and in need of upgrading its resources to the community. This new complex can be used to distribute food for those in need. We are currently using the church in the area but a constant location where our things can be kept for future need and a Place where the neighborhood can do an open market weekly or bi-weekly basis, as well as a food preparation. It will also be a good place to gather and communicate in times of emergency situations, and social gatherings. I have lived in Orchidalnd over 5 years and currently there is no place for the subdivision to do these things. Katina Bradley PO Box 7429 Hilo, HI 96720 16-1491 35th Ave Keaau, HI 96749 Planning Dept. Exhibit 12 DeVera, Ashley From: Orchidland Neighbors <orchidlandneighbors@gmail.com> Sent: Thursday, November 17, 2022 8:39 AM To: Planning Internet Mail Subject: Fwd: Multi -Purpose Community Complex Orchidland Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: Mike Wilkins <mike.wilkins.slovd@gmail.com> Date: Mon, Nov 14, 2022 at 3:55 PM Subject: Multi -Purpose Community Complex Orchidland To: orchid land neighbors@gmail.com <orchidland neighbors@gmaiI.com> Windward Planning Commission County of Hawaii I am writing to express my support for the proposed multi -purpose center in Orchidland. This space, I believe would add great value to the Orchidland neighborhood and provide an excellent, recreational and community building location. The benefits would include having a local recreational center which would make it possible for community members to not have to travel on the highway. It would provide a space for educational events such as teaching children to cook healthy meals in the community kitchen and cultural engagement classes just for two examples. I believe the value added would be immense for the community of Orchidland and I encourage you to approve the request. Mike Wilkins P.O. Box 1458, Pahoa HI 96778 16- 2146 Ohia Dr., Pahoa, HI 96778 Planning Dept. Exhibit 13 DeVera, Ashley From: Orchidland Neighbors <orchidlandneighbors@gmail.com> Sent: Thursday, November 17, 2022 8:40 AM To: Planning Internet Mail Subject: Fwd: Special Use permit request of Orchidland Neighbors Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: Donna Thommarson <donna robt@icloud.com> Date: Mon, Nov 14, 2022 at 6:19 PM Subject: Special Use permit request of Orchidland Neighbors To: <orchidland nei2hbors@RmaiLcom> To: Windward Planning Commission, County of Hawaii Aloha Commission, As a parent and grandparent of family living in the home they own in Orchidland, we would like to express our support of a Special Use Permit for TMK 3-1-6-010:005 to construct a much -needed multi -purpose community complex to serve this large neighborhood. My grandkids have no place to play on a playground without crossing dangerous Ainaloa Blvd or traveling to parks off the Hwy 130 corridor. They have no place to ride their bikes and scooters, as their road is unpaved and rough. Additionally it would be nice to have a community center for "farmers market" events and as a venue for other community gatherings. We have also seen how important it is to have a neighborhood center in the event of emergency. Thank you for considering our request. Sincerely, Donna & Rob Thommarson 13-1266 Leilani Avenue Pahoa, HI 96778 Sent from my iPad Planning Dept. Exhibit 14 DeVera, Ashley From: Orchidland Neighbors <orchidland neighbors@gmail.com> Sent: Thursday, November 17, 2022 8:41 AM To: Planning Internet Mail Subject: Fwd: Orchidland Neighbors Special Use Permit Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: Alan Tamashiro <tamashiroalan@gmail.com> Date: Mon, Nov 14, 2022 at 11:12 PM Subject: Orchidland Neighbors Special Use Permit To: orchidlandneighbors@gmaiI.com <orchidlandneighbors@gmail.com> Cc: <miracles808@Rmail.com> November 14, 2022 TO: The Hawaii County Windward Planning Commission RE: Special Use Permit Request of Orchidland Neighbors Dear Planning Commission Members: I am writing in support of the Orchidland Special Use Permit. I support the building of the Orchidland Neighbors Muli-purpose Community Complex. The Community Complex is much needed to enhance the community's recreational, social, and educational activities. The complex will provide agriculture and open market vendors to service the community. For many years the Orchidland Food Basket has been held at the Orchidland Church of Jesus Christ of Latter Day Saints. Although it has been a very positive relationship, the Community Complex would allow the Food Basket to not have to break down after each distribution, and it would allow them space to store non-perishable items. The complex would provide a positive venue for youth activities. There is a tremendous need for sports activities among our young people in Puna to remedy the consequences Of poverty, substance abuse, and crime. I understand the complex design will include soccer fields, a playground, and a skate park. There is also a great need for the Orchidland community to have a place to hold town hall meetings. The community complex could function as a command Planning Dept. 1 Exhibit 15 center and shelter in times of disasters, especially with the inclusion of a community kitchen. see the complex allowing the community to hold activities in a myriad of ways. The complex could be the command center for the neighborhood board. It could facilitate adult education classes, fitness classes, and social gatherings. Thank you for allowing me to express my support for the Orchidland Community Complex. Sincerely, Pastor Alan Tamashiro Puna Baptist Church P. O. Box 1279 15-3188 Pahoa-Kapoho Rd. Pahoa, HI 96778 z DeVera, Ashley From: Orchidland Neighbors <orchidland neighbors@gmail.com> Sent: Thursday, November 17, 2022 8:38 AM To: Planning Internet Mail Subject: Fwd: letter of support Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: Sherri Carden <sherricarden@vmail.com> Date: Sun, Nov 13, 2022 at 7:22 AM Subject: letter of support To: Orchidland Neighbors <orchidland neigh bors@gmail.com> Windward Planning Commission, County of Hawaii I am strongly in support of the Special Use Permit for Orchidland Neighbors to build a Multi -Purpose Community Complex. This facility has been needed for a long time. It will enable the neighborhood to gather without using Highway 130. Classes, activities, educational events and meetings will serve to unify the community and heighten communication and awareness. It will be very beneficial. I strongly support the Special Use Permit for Orchidland Neighbors. Sincerely, Sherri Carden (808) 990-6838 http://www.sherricarden.com Planning Dept. Exhibit 16 1 DeVera, Ashley From: Orchidland Neighbors <orchidlandneighbors@gmail.com> Sent: Thursday, November 17, 2022 8:36 AM To: Planning Internet Mail Subject: Fwd: Community Complex Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: Kaibrie Pabre <kaibrieupabre62@icloud.com> Date: Fri, Nov 11, 2022 at 9:31 AM Subject: Community Complex To: <orchidland neiRhbors@Rmail.com> As a community member of Orchidland, I always wish we had a safe, clean area for me to go walking with my daughter everyday. As a stay at home mom, I lact the physical activity needed and always wish we had a place near by for me to be active. Having a activity center/park right down the road from my house would be a blessing! - Kaibrie Pabre Planning Dept. 1 Exhibit 17 DeVera, Ashley From: Orchidland Neighbors <orchidlandneighbors@gmail.com> Sent: Friday, November 18, 2022 6:16 AM To: Planning Internet Mail Subject: Fwd: Testimony in support of multi -purpose community complex Plan Number: PL-SPP-2022-000013 ---------- Forwarded message --------- From: Gowron, Leah J. <Igowron@middlebury.edu> Date: Thu, Nov 17, 2022 at 11:51 AM Subject: Testimony in support of multi -purpose community complex To: orchid land neigh bors@gmaiLcom <orchidland neighbors@gmaiI.com> Dear Friends of Orchidland Neighbours: I write today to express my full support of the proposal for a multi -purpose community space in Orchidland. I met with Virginia Aste at a recent community event in Nanewale, and she encouraged me to reach out —which I do with enthusiasm! As a homeowner in Hawaiian Shores Community Association (HSCA), I know how essential such community facilities are to each region of Puna. For keiki, they offer a safe, clean and fun place to meet with friends and be supported in myriad of activities. For parents, it offers a meeting place for large and small gatherings, a place to bring keiki to play and possibly engage in organized activities (Scouts, sports, etc.). For the community at -large, such facilities provide opportunity to host farmers' markets, swap meets, religious congregations, family gatherings, community meetings, trainings (CERT, American Red Cross, etc.). These complexes become "one -stop shopping" so to say, ensuring that each community can meet, engage and collaborate. I strongly support the Friends of Orchidland Neighbors efforts to develop this complex, thereby providing a much - needed space in their community, and even potentially increasing the quality of life for those in this subdivision. Please do the right thing and approve any special permit applications. Make the right choice, the easy choice, and the best choice for this robust community. With thanks, Planning Dept. Exhibit 18 Leah Gowron C: 831-915-5644 E: Igowron@miis.edu DeVera, Ashley Subject: FW: Orchidland Neighbors Response to Orchidland Community Association letter Attachments: ON response to OLCA in EPIC.docx From: Orchidland Neighbors <orchidland neigh bors@gmaiLcom> Sent: Thursday, November 10, 2022 11:33 PM To: Mercado, Clinton <Clinton.Mercado@hawaiicounty.gov> Subject: Orchidland Neighbors Response to Orchidland Community Association letter Clinton, This is in response to Orchidland Community Associations letter dated October 28, 2022 found in EPIC, PL-SPP-2022- 000013 OLCA 10.28.22 Comments_vl.pdf. Talking to Christian today he mentioned sending an email to you with our response was the fastest way for us to respond to the letter from Orchidland Community Association. Sincerely, Virginia Aste Punning Dept. Exhibit 19 .`ward Ne�9� 6 O n 501 (c)(3) NEIGHBORS = COMMUNITY November 10, 2022 To: Douglas Anderson, President, Orchidland Community Association From: Virginia Aste, President, Orchidland Neighbors Re: Special Permit Application Thank you for responding to our application for a Special Permit to create and build a multi -purpose community complex on 361" Avenue, in Orchidland Subdivision. In regard to the points listed in your response: 1) We are aware that OLCA has been granted a Special Permit for a community center. We note that your Special Permit does not allow for a playground, soccer field, skateboard park, commercial kitchen, elements which the community has requested. We see the two projects as complementary and believe that both projects will enhance the opportunities available to residents of Orchidland. 2) The County of Hawaii Planning Department has forwarded a letter from Hawaii County Police Department, dated October, 2022, stating, "Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety." 3) As we stated in our application, Orchidland Neighbors recognizes that we will not be assessed as a residential property. 4, 5) We agree with OLCA that the primary concern about the intersection of Orchidland Drive and Highway 130 is public safety. 6) Our proposed community complex is ideally located between Keaau and Pahoa and will serve the expanding needs of Orchidland Subdivision. Orchidland has been declared a Resilience Hub, part of the island wide network of hubs developed by Vibrant Hawaii. We feel that the benefits of our proposed project offset any other considerations and will offer opportunities for economic development, education and recreation for Puna residents for generations.