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HomeMy WebLinkAboutPD Background Report (PL-SPP-2024-000075) Teppy Mountain1 BTeppyMountainLLCSPP.crk.1.20.25 COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT TEPPY MOUNTAIN LLC SPECIAL PERMIT APPLICATION NO. (PL-SPP-2024-000075) TEPPY MOUNTAIN LLC submitted an application for a Special Permit to allow an annual, multi-day festival event with overnight camping for up to 500 attendees and to legitimize the storage of commercial vehicles on a 14.7-acre portion of a larger 1,419-acre property in the State Land Use Agricultural District. The subject property is located at 27-476 Indian Tree Road, approximately 0.7 miles west (mauka) of its intersection with Hawaiʻi Belt Road, Alemai to Kawainui, Pāpaʻikou, South Hilo, Hawaiʻi, TMK: (3) 2-7-007:001 (por.). APPLICANT’S REQUEST 1. Request: Teppy Mountain LLC is requesting a Special Permit to allow an annual, 4-day long festival event with overnight camping and to allow the storage of up to 6 commercial vehicles on 14.7 acres (hereinafter “permit area”) of a larger 1,419-acre parcel in the State Land Use Agricultural District. The proposed project consists of the following components:  Event: The applicant proposes to operate an annual, 4-day-long festival event called “Falls on Fire”, in the spirit of the burning man festival (only 1 event per year). Over the last two years, the applicant has held the event in November but would like some flexibility to hold it at other times, provided it occurs only once per year. The event will be centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment, emphasizing the practice of “leave no trace”. The event will be offered on a donation basis and attendees will be encouraged to bring all that they need, share with others and leave the environment better than they found it. During the duration of the event, activities may occur at any time of the day.  Commercial Vehicle storage: An approximately 0.46-acre area will be utilized continuously to store up to six (6) vehicles, including dump trucks, tractor trailers, excavators, bulldozers, and a backhoe. According to the applicant, while these vehicles are primarily used for cattle ranching purposes, the vehicles are also used to transport gravel to local businesses when not in agricultural use. Despite the 2 representation of the storage of up to 6 such vehicles, a site visit found 8 pieces of heavy equipment (2 new excavators, 2 new bulldozers, a new tractor, a new SkyTrak forklift, an older tractor trailer dump truck, equipment trailers, and an older farm tractor).  Land Area: Approximately 14.24 acres of land, inclusive of access roads, would be used for the annual 4-day festival event including designated camping areas and a bonfire area. The remaining approximately 0.46-acres would be used for commercial vehicle storage and a check-in area for the event. Fencing and signage throughout the property will ensure that attendees remain within the boundaries of the Special Permit area. Additionally, it is noted that attendees will be welcome to enjoy the waterfalls on the property during the event as an outdoor recreational use which is permitted on agricultural land.  Attendees: The applicant proposes to host up to 500 attendees. Attendees will be required to bring their own food, water, camping supplies and other gear as those things will not be supplied by organizers.  Activities & Workshops: Activities and workshops offered during the event will be dynamic and may change year-to-year as they will be initiated by the event participants, not the organizers. Thus, the number of possible activities which may occur during each event will depend on the number of participants. Examples of possible events, activities and workshops include fire performances/dancing, light installations (i.e. projection of light onto waterfalls or holograms), art installations celebrating native Hawaiian culture, flora and fauna, live music and DJ sets, eco- conscious workshops featuring topics such as permaculture, sustainable building and ocean conservation, healing and wellness spaces (i.e. medication zones and yoga areas), interactive community projects (i.e. collaborative art-making), environmental activism meetups and a burning ceremony involving the burning of a symbolic effigy to close out the event.  Camping: The applicant proposes to offer overnight camping in three designated campsite areas. Attendees will be encouraged to share their own artistic contributions, workshops, and performance ideas to create a vibrant and engaging sense of community within the camp. 3  Bonfire Area: A designated bonfire area will consist of approximately 0.31 acres and will serve as additional gathering space for attendees. This area will be the location of a burning ceremony mentioned above.  Event Safety: The Police Department, Fire Department and Planning Department will be notified prior to the annual event. Volunteers will be stationed at the access gate to ensure that all attendees are registered. Additionally, depending on the number of attendees anticipated, between 4 and 10 volunteer “rangers” will be on site. The rangers are individuals trained to watch out for and de-escalate conflicts. The rangers will call the appropriate authorities should a situation arise, which cannot be safely resolved.  Fire Protection: According to the application, a 3,000-gallon water tank exists in the proposed commercial vehicle storage area and will be available for emergency fire protection. However, it should be noted that during a site visit, staff observed that the tank had been disassembled, therefore, the tank is not available. Additionally, fire extinguishers will also be located within the bonfire area and each of the campsite areas. If required, the applicant is willing to install an additional water tank within the bonfire area.  Amplified Sound: Amplified sound will be permitted during the event. All amplified sound will be directed in a westerly (mauka) direction, toward the bulk remainder of the vacant 1,419-acre parcel, away from any neighboring dwellings.  Access/Parking/Water/Wastewater: See discussion in pertinent sections below. 2. Reasons for Request: According to the applicant, he informed the County Planning, Police and Fire Departments prior to hosting the event in 2023. Unfamiliar with the County and State regulations requiring a Special Permit, the applicant regrets that he misunderstood County requirements and held the 2023 event without obtaining a Special Permit. To comply with all governmental regulations, the applicant is now requesting a Special Permit to hold one festival event annually. Additionally, the applicant leases a portion of the property to a local rancher who utilizes approximately 1,000 acres of the property as pasture for his cattle. This application also requests approval of this special permit to legitimize storage for up to six (6) commercial vehicles. These vehicles are used for on-site cattle ranching purposes, but while not in agricultural use the vehicles are 4 also used to deliver gravel to local businesses and thus storage of the vehicles on the property requires a Special Permit. 3. Construction Timetable/Estimated Cost: The applicant is not proposing to construct any permanent structures, thus there is no estimated timetable or cost. 4. Landowner: Teppy Mountain LLC. 5. Supportive Information: The applicants have submitted the attached in support of the request: (Planning Department Exhibit 1 – Special Permit Application received on October 10, 2024). BACKGROUND INFORMATION 6. Zoning Code Violation 2021-0105E: The Planning Department sent a Warning Letter to the applicant in response to a complaint about an unpermitted commercial rental business/base yard within the agricultural zoned district which included heavy equipment related to ranching operations and a material hauling business (Planning Department Exhibit 2 – Warning Letter dated September 8, 2022). The Planning Department sent a closure letter after inspectors found that three dump trucks were removed from the property (Planning Department Exhibit 3 – Closure Letter dated November 1, 2022) 7. Zoning Code Violation PL-PCV-2023-00567: The Planning Department sent a Notice of Violation and Order (NOVO) letter to the applicant in response to several complaints regarding an unpermitted event entitled “Falls on Fire” which took place on the subject property between November 17-19, 2023. Additionally, the applicant’s website advertised a similar event for November 8-11, 2024 at the same location. The NOVO ordered the applicant to pay a $5,500 fine and remove all advertisement for the 2024 event from their website (Planning Department Exhibit 4 – Notice of Violation and Order Letter dated June 25, 2024). The applicant appealed the Notice of Violation from June, 2024 but on January 10, 2025 the County Board of Appeals rejected the appeal as it was not filed in a timely manner. 8. First Daily Fines Letter: In September, 2024, the Planning Department subsequently sent a Daily Fines letter as the applicant had yet to comply with requirements of the NOVO (namely paying the initial fine and ceasing all advertisement for a 2024 event). As a result, the daily fines accrued to an amount of $13,200, and the Department reiterated the requirement to remove advertisement for the 2024 “Falls on Fire” event 5 (Planning Department Exhibit 5 – Daily Fines Letter dated September 25, 2024). 9. Second Daily Fines Letter: In November 2024, the Planning Department sent a second Daily Fines letter as the applicant was still advertising an event on November 8-11, 2024 on their website. This letter required payment of an increased daily fines amount of $21,400 and prohibited the applicant from holding the November 2024 event (Planning Department Exhibit 6 – Second Daily Fines Letter and Warning Letter for New Event dated November 4, 2024). 10. Revised Notice of Violation and Repeated Violation Letter: Despite written and verbal direction not to hold the November 2024 event, the applicant did, which prompted the Planning Department to issue a Notice of Violation and Order, Revised Repeated Violation letter in response to complaints over the “Falls on Fire” event held between November 8-11, 2024. Based on the applicant’s disregard to repeated written and verbal instructions not to hold the event, the Department increased fines to a total of $34,000 and required that the applicant provide a Letter of Understanding stating that the applicant would not conduct or advertise any further unpermitted events until a Special Permit was secured (Planning Department Exhibit 7 – Notice of Violation and Order, Revised Repeated Violation Letter dated December 16, 2024). At the date of this writing, the fines remain unpaid and the Department has yet to receive the Letter of Understanding as required. On January 14, 2025, the applicant appealed the directors revised notice of violation, citing their belief that the “Falls on Fire” event is camping on private property and thus is permitted under County Zoning Code. The appeal is scheduled to be heard by the County Board of Appeals in May 2025. (Planning Department Exhibit 8 – Petition for Appeal - PL-BOA-2025-000116) STATE & COUNTY PLANS 11. State Land Use District: Agricultural. 12. County Zoning: Agricultural 20-Acre (A-20a). 13. General Plan LUPAG Map Designation: The permit area is primarily designated as Important Agricultural Lands, which are lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 14. Hāmākua Community Development Plan (HCDP): The HCDP was adopted by Ordinance No. 18 78, with an effective date of August 22, 2018. 15. Special Management Area (SMA): The permit area is not located within the County's 6 Special Management Area (SMA) and is situated over one mile from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 16. Subject Property and Permit Area: The subject property consists of 1,1419 acres of land and is located at the top of Indian Tree Road, approximately 0.7 miles west (mauka) of Hawaiʻi Belt Road in Pāpaʻikou. A series of streams run throughout the property and vegetation thereon consist primarily of non-native shrubs and grasses, although the proposed permit area has been previously cleared. Approximately 1,000 acres of the parcel is leased to a rancher and utilized as pasture for grazing cattle and an approximately 0.46-acre area of the property contains a permitted agricultural storage structure, vehicle fuel tanks, and a parking area where several pieces of heavy equipment are stored. While the applicant represented this was for storage of up to 6 such vehicles, a site visit found 8 pieces of heavy equipment and several unpermitted structures (including 9 shipping containers, a portable office structure, a shed roof carport, and a temporary canopy structure housing most of the heavy equipment. The remainder of the property is vacant of other structures and uses. 17. Surrounding Zoning/Land Uses: Most surrounding properties are similarly zoned A- 20a, with a few parcels to the south designated as A-10a. Surrounding land uses are primarily agricultural, including cattle grazing and some residential use with the nearest dwelling approximatelthe,500 feet to the southeast of the proposed event area. Directly west (mauka) of the subject parcel is a large, approximately 11,395-acre property owned by the applicant, primarily designated as conservation land. 18. USDA Soil Survey Report: Soils in the permit area are classified as Hilo Hydrous Silty Clay Loam: Characterized by 10 to 20 percent slopes. This soil type is well-drained and formed from ash fields over lava flows. It is classified as having a medium runoff class. 19. Land Study Bureau Soil Rating: The subject property and permit area include a mix of soils designated as “C” or fair and as “D” or “Poor” and the stream areas designated as “E” or “Very Poor” for agricultural productivity. 20. Agricultural Lands of Significance to the State of Hawaiʻi (ALISH): The permit area is classified as primarily prime agricultural land, with portions of the property along the streams as “unclassified.” 7 21. Flood Zone: The permit area is situated within Zone “X”, determined by FEMA to be an area of minimal flood hazard. 22. Floral/Fauna Resources: No professional survey was conducted of the floral and faunal resources of the site. The property’s observed flora primarily consists of non-native shrubs and grasses, reflecting its historical use for sugar cane cultivation and cattle grazing. No endangered plant species are known to inhabit the area. The fauna includes common non-native bird species such as doves, Japanese white-eyes, house finches, and common mynas, alongside domestic and feral animals like cats, dogs, and pigs. Native species, such as the Hawaiian hawk, Hawaiian owl, and Hawaiian hoary bat, may occasionally traverse/utilize the site due to its rural nature. 23. Archaeological/Historical/Cultural Resources: According to the applicant, no formal archaeological studies have been conducted for the site, as the property and permit area have a long history of agricultural use, primarily for sugar cane cultivation and cattle grazing, which has likely diminished the presence of archaeological, cultural, and historic resources. Furthermore, the applicant is unaware of any traditional or customary Hawaiian practices associated with the property. 24. Public Access: There is no known public access to the mountains or the shoreline that runs through the permit area. Public Facilities, Utilities and Services 25. Access and Parking: Access to the property is provided via Indian Tree Road, a private roadway with pavement widths varying between 12 and 16 feet within 50-foot-wide easements, with the property situated approximately 0.7 miles west (mauka) of Hawaiʻi Belt Road. The applicant has legal easement over the roadway (please note, the application initially included the incorrect grant of easement document, but the applicant subsequently provided the correct documentation of legal access). Internal access through the property to the bonfire area and designated campsite areas will be provided by an existing 10-foot-wide gravel driveway. This existing driveway includes multiple pull-off points to accommodate two-way traffic and crosses a stream. The applicant plans to comply with Fire Code requirements for Fire Department Access Roads. Parking for up to 200 vehicles is available in designated areas within the campsite zones on existing grassy areas. The commercial vehicle parking area on the property has been previously 8 cleared and consists of gravel, providing a stable and suitable surface for vehicle storage and event check-in purposes. 26. Traffic Impacts: The applicant anticipates the four-day, annual event to attract 200 vehicles based on an estimated attendance of 500 people, with most attendees carpooling. Traffic will be staggered, with arrivals spread over Friday and Saturday and departures on Sunday and Monday, avoiding peak morning traffic times. While the applicant indicated that the proposed commercial vehicle storage area is not expected to generate significant additional traffic as these vehicles are primarily used on-site, testimony from neighbors indicate that the property is used more as a base yard for heavy equipment rental and that there is frequent hauling of heavy equipment causing damage to the roadway. 27. Water: The subject property is not currently served with County water. Attendees will be required to bring their own potable water for the 4-day event. As mentioned above, while the application indicated the presence of an existing, 3,000-gallon rainwater catchment tank adjacent to the proposed truck parking area, a site visit revealed that the catchment tank was disassembled and is no longer available for non-potable and fire suppression needs. The applicant is willing to install a rainwater catchment tank for fire suppression. in the bonfire area if required by the Fire Department. 28. Wastewater: The property is not currently serviced by the County sewer system. The applicant proposes to provide portable toilets for the 4-day event. 29. Other Essential Utilities and Services: There is no electrical service to the property, thus attendees may bring their own generators or solar energy systems for the event. Police, fire, and medical services are located approximately 6.5 miles away in Hilo. AGENCY COMMENTS 30. Department of Public Works, Engineering Division: (Planning Department Exhibit 9 – November 29, 2024 Memo) 31. Police Department: (Planning Department Exhibit 10 – November 7, 2024 Memo) 9 32. State Department of Health (Planning Department Exhibit 11 – November 15, 2024 Memo) 33. State Land Use Commission (Planning Department Exhibit 12 – November 12, 2024 Letter) 34. State Office of Planning and Sustainable Development (Planning Department Exhibit 13 – November 26, 2024 Letter) AGENCIES – NO RESPONSE 35. Department of Environmental Management, State Department of Agriculture, State Department of Land and Natural Resources, & State Department of Transportation. APPLICANT’S RESPONSE TO AGENCY COMMENTS 36. Letter from Applicant’s Representative Responding to Agency Comments (Planning Department Exhibit 14 – January 9, 2025 Letter) PUBLIC COMMENTS 37. Testimony from Jim McMahon: (Planning Department Exhibit 15 – January 13, 2025 Email) 38. Testimony from Maia Munoz Luz: (Planning Department Exhibit 16 – January 14, 2025 Email) 39. Testimony from Fransisco Roberto Goncalves Luz Filho: (Planning Department Exhibit 17 – January 14, 2025 Email) 40. Testimony from Lichun Huang: (Planning Department Exhibit 18 – January 18, 2025 Email) 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com October 10, 2024 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Christian Kay Special Permit Application Resubumittal (PL-SPP-2024-000075) Applicant: Teppy Mountain LLC Agent: Land Planning Hawaii LLC Pāpaʻikou, South Hilo, Hawaii TMK: (3) 2-7-007:001 (por)____________ Transmitted here within for your review and processing is the resubmittal of an application requesting a Special Permit to host an annual four (4) – day event with overnight camping and to store up to six work vehicles on the property. The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i. This resubmittal includes a revised background and environmental report addressing additional information requested from your office. Additional information provided in the revised report includes more details on the types of activities which are anticipated to take place during the annual event, mitigations with regard to sound impacts, potential traffic impacts and additional information on fire and security mitigations and relevant correspondence. The revised report also reiterates that the event is proposed to take place only once per year and be located in a relatively remote area so as to not disrupt surrounding property owners. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator SPECIAL PERMIT APPLICATION COUNTY OF HAWAIʻI PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): APPLICANT’S SIGNATURE: DATE: ADDRESS: LIST APPLICANT’S INTEREST (if not owner): PHONE: (Bus.) (Res.) (Email) REQUEST: TAX MAP KEY: ZONING: SIZE OF PROPERTY / AREA OF REQUESTED USE: LANDOWNER(S): FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE: DATE: Note: The above written authorization of the landowner(s) gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s) and their successors are bound by the Special Permit and its conditions. AGENT: AGENT ADDRESS: PHONE: (Bus.) (Res.) (Email) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: Zoho Sign Document ID: 2A6681DB-FG2SJD7TETYX3R2_ZCYJIPAYB6US2VAS_MW4HQCU_SW Teppy Mountain LLC 4717 Middle Rd, Allison Park, PA 15101 412-973-7914 teppy@egenesis.com To hold an annual multi-day event with overnight camping and to store commercial vehicles (3) 2-7-007:001 A-20a 1419.17 acres 14.9 acres Teppy Mountain LLC Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 808-333-3393 info@landplanninghawaii.com Agent Applicant Aug 27 2024 16:35 PDT Aug 27 2024 16:35 PDT COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST TEPPY MOUNTAIN LLC ONOMEA, PĀPAʻIKOU, SOUTH HILO, HAWAI‘I COUNTY, HAWAI‘I TMK: (3) 2-7-007:001 (por) 2 TABLE OF CONTENTS I. INTRODUCTION .................................................................................................................. 4 II. PROJECT DESCRIPTION ..................................................................................................... 4 3A. Project Concept and Components ........................................................................................ 4 3B. Subject Property Description ............................................................................................... 9 3C. Institutional Considerations................................................................................................ 14 State Land Use ...................................................................................................................... 14 Special Management Area .................................................................................................... 14 County Zoning and General Plan .......................................................................................... 16 Hāmākua Community Development Plan ............................................................................ 17 3D. Surrounding Zoning and Land Uses .................................................................................. 18 3E. Flood Insurance Rate Map .................................................................................................. 18 3F. Archaeological Resources .................................................................................................. 18 3G. Floral and Faunal Resources .............................................................................................. 21 3H. Valued Cultural Resources................................................................................................. 21 3I. Public Access ....................................................................................................................... 21 3J. Description of Access .......................................................................................................... 22 3K. Traffic Impacts ................................................................................................................... 22 3L. Availability of Utilities ....................................................................................................... 22 Water ..................................................................................................................................... 22 Wastewater ............................................................................................................................ 23 Electricity .............................................................................................................................. 23 Other Utilities........................................................................................................................ 23 III. REGULATORY ANALYSIS ........................................................................................... 23 4A. Coastal Zone Management ................................................................................................. 23 4B. Impacts to Surrounding Properties ..................................................................................... 24 4C. Impacts to Public Agencies ................................................................................................ 25 4D. Unusual Conditions ............................................................................................................ 25 4E. Land Suitability for Permitted Use ..................................................................................... 26 4F. Land Character and Present Use ......................................................................................... 26 4G. Relationship to General Plan.............................................................................................. 26 4H. Unusual and Reasonable Use ............................................................................................. 27 3 FIGURES Figure 1: Location Map ..................................................................................................................5 Figure 2: Site Plan ...........................................................................................................................7 Figure 3: Zoning Map ....................................................................................................................10 Figure 4: Land Use Pattern Allocation Guide (LUPAG) Map ......................................................11 Figure 5: Land Study Bureau (LSB) Overall Productivity Rating Map .......................................12 Figure 6: Agricultural Lands of Importance to the State of Hawai‘i (ALISH) ............................13 Figure 7: State Land Use Map ......................................................................................................15 Figure 8: FIRM Map .....................................................................................................................19 Figure 9: 1965 Aerial Photo ..........................................................................................................20 EXHIBITS Exhibit A – Grant of Perpetual, Nonexclusive Easement Exhibit B – Correspondence with Fire Department Exhibit C – Letter to Police Department Exhibit D – Neighbor Support Letters 4 I. INTRODUCTION Teppy Mountain LLC (“applicant”) is requesting a Special Permit to host an annual four (4) – day event with overnight camping on a portion of the property identified by TMK (3) 2-7-007:001. Additionally, the applicant also requests to allow vehicle storage on the property for up to six (6) trucks. The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i (Figure 1). This request seeks to utilize a 14.7-acre portion of the overall 1,1419.17-acre parcel for the event and truck parking. The property is located within the State Land Use Agricultural District and thus a Special Permit is required to host events and overnight camping. Although the applicant had informed the County Planning, Police and Fire Departments prior to hosting the event in 2023, unfamiliar with the County and State regulations requiring a Special Permit, the applicant regrets that he misunderstood County requirements and held the 2023 event without obtaining a Special Permit. In order to comply with all governmental regulations, the applicant is now requesting a Special Permit to hold the event annually. The event will be centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment, emphasizing the practice of “leave no trace”. The event will be offered on a donation basis and attendees will be encouraged to bring all that they need, share with others and leave the environment better than they found it. The applicant’s intention is to offer only one (1) event per year and for the event to provide attendees with a fun and enriching environment in which to enjoy art and self-expression while maintaining reverence for the land, respect for the community and leaving virtually no impact on the property. Additionally, the applicant leases a portion of the property to a local rancher who utilizes approximately 1,000 acres of the property as pasture for his cattle. This application also requests approval for the rancher to utilize an approximately 0.46-acre portion of the requested 14.7-acre Special Permit area to legitimize storage for up to six (6) work vehicles. These vehicles are used for on-site cattle ranching purposes, but while not in agricultural use the vehicles are also used to deliver gravel to local businesses and thus storage of the vehicles on the property requires a Special Permit. II. PROJECT DESCRIPTION 3A. Project Concept and Components If approved, the Special Permit area would consist of a 14.7-acre portion of the overall 1,1417.17-acre parcel. Approximately 14.24 acres, inclusive of access roads, would be used for the annual four (4)-day camping event and include designated camping areas and a bonfire area and the remaining approximately 0.46-acres would be used for vehicle storage. The check-in area for the event will also be located within the vehicle storage area of the parcel. The applicant believes that the natural pastoral beauty of this relatively small portion of the parcel is an ideal location to host the proposed event centered on art, nature and self-expression. The event will be held annually in November and will not require any 1,419.17-acre SUBJECT PROPERTY FIGURE 1 6 permanent structures or land altering activity and thus should have virtually no impact on the property. Additionally, the applicant requests that an approximately 20,000 square foot area be permitted to be used for work vehicle storage (see conceptual site plan attached as Figure 2). The applicant proposes the following elements as part of the Special Permit: 1. Camping: Three (3) areas totaling approximately 14.24 acres (inclusive of three campsite areas, access roads and a bonfire area) will be reserved for camper use. Attendees will be encouraged to share their own artistic contributions, workshops, and performance ideas to create a vibrant and engaging sense of community within the camp. 2. Hours: The camping event will be contained to an annual four (4)-day period each November. During that 4-day period, events may occur at any time of the day. 3. Attendance: The 2024 event proposes hosting only 200 attendees, with future events eventually expanding to up to 500 attendees. 4. Bonfire Area: The bonfire area will consist of approximately 0.31 acres and will serve as additional gathering space for attendees. 5. Access: Access to the property will be from Indian Tree Road. Attendees will enter through an entry gate and check-in to the event. They will then proceed down an existing approximately 1-mile long, 10-foot-wide gravel driveway within a 20-foot- wide unobstructed right-of-way providing access to the campsites. The driveway consists of approximately 3.33 acres. Multiple adequate pull off sites are available along the driveway to allow for passing of cars traveling in opposite directions. 6. Parking: Participants will park in designated lawn areas within the campsites. The designated parking areas can accommodate up to 200 vehicles. 7. Water: Attendees will be required to bring all of their own water and supplies. A 3,000-gallon rainwater catchment tank is located near the existing agricultural storage building and is available for emergency fire protection use. An additional water tank will be provided in the bonfire area if required. 8. Wastewater: As the event will only be held once per year and is intended to have as minimal an impact on the land as possible, portable bathrooms will be rented for the duration of the event and removed from the property immediately upon completion of the event. 9. Amplified Sound: Amplified sound will be permitted during the event. All amplified sound will be directed in a westerly direction, toward the bulk remainder of the Resource Mapping Hawaii, Maxar, Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census Bureau, USDA, USFWS, County of Hawaii IT Department A-00 PRELIMINARY: NOT FOR CONSTRUCTIONNOTES: Issued Project Drawing Title Drawing No No.Description Date Revisions Previous Current PROPOSED SPECIAL PERMIT AREA 8.63 AC (375,900) SF CAMP 3 0.31 AC (13,500 ) SF BONFIRE AREA 0.56 AC (24,600 ) SF CAMP 1 1.41 AC (61,500 ) SF CAMP 2 0.46 AC (20,000 ) SF VEHICLE PARKING & EVENT CHECK IN 3.33 AC (145,000 ) SF ACCESS ROAD 14.7 AC TOTAL HAN A WI S T R E A M INDIAN TREE ROAD BONFIRE AREA CAMP 1 CAMP 2 CAMP 3 VEHICLE STORAGE AND EVENT CHECK IN SEE INSET TEPPY MOUNTAIN SPECIAL PERMIT APPLICATION CONCEPTUAL SITE PLAN SCALE: 1" = 250' 250'500'125'0 INSET SCALE: 1" = 50' 20,003 sf ACCESS DRIVE VEHICLE STORAGE AND EVENT CHECK IN AG STORAGE BUILDING PERMIT 951245_LTS ACCESS DRIVE TMK (3) 2-7-007: 001 3/4 MILE TO HIGHWAY 19 PROPERTY BOUNDARY CATCHMENT PORTABLE TOILETS PORTABLE TOILETS PARKING FOR 60 VEHICLES PARKING FOR 30 VEHICLES PARKING FOR 100 VEHICLES FIGURE 2 8 vacant 1,419.17-acre parcel, away from any neighboring dwellings. As such, sound impacts to neighboring landowners should be minimal. 10. Safety: The Police Department, Fire Department and Planning Department will be notified prior to the annual event. Volunteers will be stationed at the access gate to ensure that all attendees are registered. Additionally, depending on the number of attendees anticipated, between 4 and 10 volunteer “rangers” will be on site. The rangers are individuals trained to watch out for and de-escalate conflicts. The rangers will call the appropriate authorities should a situation arise which cannot be safely resolved. 11. Fire protection: A 3,000-gallon water tank exists in the vehicle storage area and will be available for emergency fire protection. Additionally, fire extinguishers will also be located within the bonfire area and each of the campsite areas. If required, the applicant is willing to install an additional water tank within the bonfire area. 12. Vehicle storage: An approximately 0.46-acre area will be utilized continuously to store up to six (6) vehicles. These vehicles are used for cattle ranching purposes; however, when not in agricultural use, the vehicles are also used to transport gravel to local businesses. The check-in station for the annual event will be located in the area identified for vehicle storage. As mentioned above, the annual event will be centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment. Activities and workshops offered during the event will be dynamic and may change year-to-year as they will be initiated by the event participants, not the organizers. Thus, the number of possible activities which may occur during each event will depend on the number of participants. Examples of possible events, activities and workshops include fire performances/dancing, light installations (i.e. projection of light onto waterfalls or holograms), art installations celebrating native Hawaiian culture, flora and fauna, live music and DJ sets, eco-conscious workshops featuring topics such as permaculture, sustainable building and ocean conservation, healing and wellness spaces (i.e. medication zones and yoga areas), interactive community projects (i.e. collaborative art-making), environmental activism meetups and a burning ceremony involving the burning of a symbolic effigy to close out the event. All attendees are expected to leave no physical trace of their activities wherever they gather. They are required to clean up after themselves and endeavor, whenever possible, to leave such places in a better state than when they were found. No permanent structures will be constructed for the event, and with the exception of portable bathrooms, which will be removed immediately upon completion the event, no temporary structures will be provided. Attendees will bring their own rain gear and camping supplies. Additionally, in the spirit of gifting, the event will be offered on a donation basis and is not anticipated to return a profit. The camping area will be located on a central portion of the property and will not impact any agricultural activities taking place on the property in any way. This is a very large parcel with many grazing paddocks and the cattle will be grazing distant areas of the property while the event occurs. Additionally, it is noted that attendees will be welcome to 9 enjoy the waterfalls on the property during the event as an outdoor recreational use which is permitted on agricultural land. With regard to the request to utilize a 0.46-acre area of the parcel for vehicle storage, these vehicles are used to support the ranching activities on the property. However, while not being used for ranching purposes, the rancher who owns the vehicles also uses them to haul gravel. His ability to use his farm vehicles for other commercial purposes is vital to his ability to finance the vehicles and earn a living. However, because the use of the vehicles is not strictly related to agriculture use, a Special Permit is required to store the vehicles on agricultural land. Fencing and signage throughout the property will ensure that attendees remain within the boundaries of the Special Permit areas. The special Permit areas were determined by overlaying Google Maps imagery of the property with an AutoCAD scale-drawn site plan. While the boundaries identified are not precise, they are accurate within a relatively small margin of error. In order to account for the margin of error, the applicant has chosen to decrease the overall Special Permit area to 14.7 acres. This should ensure that even if the precise boundaries of the Special Permit area are slightly breached, the overall area will remain under 15 acres. Additionally, it is noted that the Special Permit areas are located within a central portion of this large property. The nearest property boundary is nearly 2,000 feet away and walking to the boundary would require crossing multiple fenced cattle paddocks. Thus, the likelihood of attendees accidentally (or purposely) trespassing onto adjacent properties is very low. 3B. Subject Property Description The subject site, identified as TMK (3) 2-7-007:001, consists of 1,1419.17 acres of land and is zoned Agricultural 20-acres (A-20a) (Figure 3). The parcel is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i (Figure 1). Access to the site is via Indian Tree Road, an existing paved private roadway with access off Hawaii Belt Road. A series of streams run throughout the property. Vegetation on the property consists primarily of non-native shrubs and grasses. Approximately 1,000 acres of the parcel is utilized as pasture for grazing cattle and an approximately 20,000 square foot area of the property contains a permitted agricultural storage structure, a 3,000-gallon rainwater catchment tank and a parking area where six (6) work vehicles are stored. The remainder of the property is vacant of structures and uses. The Land Use Pattern Allocation Guide (LUPAG) designates the parcel as Important Agricultural Lands (Figure 4) and the Land Study Bureau classifies the property as containing primarily a combination of “C”, or “Fair” and “D” or “Poor” soils with areas along the streams that run through the property designated as “E” or “Very Poor” (Figure 5). According to the Agricultural Lands of Importance to the State of Hawai‘i (ALISH), the project area is classified as primarily prime farmland, with portions of the property along the streams unclassified (Figure 6). The U.S. Department of Agricultural Natural Resource Conservation Service has designated the soil in the project area as Hilo hydrous silty clay loam with 10 to 20 percent slopes. This soil type is formed from ash fields over lava flows, ArcGIS Web Map Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS,EPA, US Census Bureau, USDA, USFWS, Esri, NASA, NGA, USGS, County ofHawaii IT Department Hawaii County Zoning (road) A-10a A-1a A-20a A-3a A-5a CV-10 FA-2a FR OPEN RS-10 RS-15 RS-20 RS-7.5 Parcels (current boundary lines) Street Centerlines Hawaii County District Boundary Coastline 8/14/2024, 7:15:11 AM 0 0.55 1.10.28 mi 0 0.9 1.80.45 km 1:36,112 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 3 SUBJECT PARCEL ArcGIS Web Map Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS,EPA, US Census Bureau, USDA, USFWS, Esri, NASA, NGA, USGS, County ofHawaii IT Department Land Use Pattern Allocation Guide (LUPAG) Conservation Important Ag. Lands Industrial Low Density Urban Medium Density Urban Open Area Parcels (current boundary lines) Street Centerlines Hawaii County District Boundary Coastline 8/14/2024, 7:15:54 AM 0 0.55 1.10.28 mi 0 0.9 1.80.45 km 1:36,112 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 4 SUBJECT PARCEL ArcGIS Web Map Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS,EPA, US Census Bureau, USDA, USFWS, Esri, NASA, NGA, USGS, County ofHawaii IT Department Land Study Bureau Soil Type (LSB) C D E Parcels (current boundary lines) Street Centerlines Hawaii County District Boundary Coastline 8/14/2024, 7:27:16 AM 0 0.55 1.10.28 mi 0 0.9 1.80.45 km 1:36,112 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. SUBJECT PARCEL FIGURE 5 ArcGIS Web Map Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS,EPA, US Census Bureau, USDA, USFWS, Esri, NASA, NGA, USGS, County ofHawaii IT Department Agricultural Lands of Importance to the State of Hawaii (ALISH) 1 3 Parcels (current boundary lines) Street Centerlines Hawaii County District Boundary Coastline 8/14/2024, 7:27:56 AM 0 0.55 1.10.28 mi 0 0.9 1.80.45 km 1:36,112 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 6 SUBJECT PARCEL 14 is well drained and has a medium runoff class. It is noted that the Special Permit use will not affect any current or potential future agricultural uses on the property as the events will be contained to a small portion of the overall property and be short-lived. Access through the property to the campsites will be via an existing 10-foot-wide gravel driveway within a 20-foot wide unobstructed right-of-way and all attendees will park within designated areas within the campsite zones. The areas proposed for camping already contain relatively level grassy terrain suitable for camping and parking. Additionally, the area designated for vehicle storage and event check-in has been previously cleared for parking and agricultural storage use. Thus, no new ground disturbance will be required in conjunction with the proposed project. This area of Hilo is considered Lava Zone 8, on a scale ranging from 9 to 1 (least hazardous to most). The property is located over 1 mile from the coastline and is outside the Special Management Area (SMA). The property is not located in the Conservation District. 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agricultural (Figure 7), and the proposed Special Permit area consists of 14.7 acres. As such, no State Land Use Commission action is required and the County of Hawai‘i can process the Special Permit request. Under the Agricultural Lands of Importance to the State of Hawai‘i (ALISH) classification system, the subject site is primarily designated as prime farmland. However, based on the Land Study Bureau Overall Maser Productivity Rating, the subject property is classified as primarily “C” and “D” soils (Figure 5). It is noted that the proposed Special Permit area is primarily located within the “C” soil area. However, given that the use will only take place once per year and will not require any permanent structures or ground disturbance, the request should have no impact on the agricultural potential of the land. In recognizing that lands within the agricultural districts might not all be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawai‘i Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. Special Management Area The project area is located over 1 mile from the coastline and is outside the Special Management Area. The property is not located in the Conservation District. ArcGIS Web Map Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS,EPA, US Census Bureau, USDA, USFWS, Esri, NASA, NGA, USGS, County ofHawaii IT Department State Land Use Classifications (SLU) Agricultural Conservation Urban Parcels (current boundary lines) Street Centerlines Hawaii County District Boundary Coastline 8/14/2024, 7:16:42 AM 0 0.55 1.10.28 mi 0 0.9 1.80.45 km 1:36,112 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 7 SUBJECT PARCEL 16 County Zoning and General Plan The subject property is zoned A-20a (Figure 3). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the parcel as Important Agricultural Land (Figure 4). Relative to this designation, the General Plan allows consideration for a “Special Permit” on agricultural land where the requested uses meet certain criteria as outlined in Section 4 of this report and Chapter 205 of the Hawai‘i Revised Statutes as amended. General Plan Discussion The Hawai‘i County General Plan serves as a guide for decision-makers in land use matters. The proposed project is conducive to the General Plan’s guidelines as it conforms to the following goals, policies, and standards of the General Plan: Economic Goals and Policies • Provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environment • Encourage the development of a visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County. • Identify the needs of the business community and take actions that are necessary to improve the business climate. • Encourage new industries that provide favorable benefit-cost relationships to the people of the County. Benefit-cost relationships include more than fiscal considerations. Environmental Goals and Policies • Take positive action to further maintain the quality of the environment Natural Beauty Goals and Policies • Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. • Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Recreation Goals and Policies • Provide a wide variety of recreational opportunities for the residents and visitors of the County. • Provide a diversity of environments for active and passive pursuits. Land Use Goals and Policies • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 17 Agricultural Land Use Goals and Policies • Preserve the agricultural character of the land. • Coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. • Encourage other compatible economic uses that complement existing agricultural and pastoral activities. Discussion: The subject property is designated on the LUPAG map as Important Agricultural Land and is primarily utilized as pasture for grazing cattle. The proposed request will utilize only a 14.7-acre portion of the overall 1,1419.17-acre parcel. With regard to the proposed events, the events will only take place once per year and will not require construction of any permanent structures or improvements and thus should have a very minimal effect on the property and its agricultural potential. Rather, the intent of the event is to provide a beautiful, natural, pastoral backdrop in which visitors and residents alike can celebrate art and self-expression in a manner which emphasizes civic responsibility, respect for the environment and the practice of “leave no trace”. Attendees are required to bring their own supplies, clean up after themselves and endeavor, whenever possible, to leave the environment in a better state than it was found. With regard to the request to utilize a 0.46-acre area of the parcel for vehicle storage, the vehicles stored on the parcel are owned by the rancher who leases the property and used in conjunction with the ongoing ranching activities on the property. However, while not being used for ranching purposes, the rancher also uses them to haul gravel to other local businesses as a means to offset the cost of the vehicles. Thus, the ability to use the vehicles for other commercial purposes while not being used for on-site agriculture will support the ranching operations by providing diversified income streams and economic benefit to the rancher. Hāmākua Community Development Plan The Hāmākua Community Development Plan (HCDP) attempts to further define the General Plan and serve as a guide for decision-makers. The proposed Special Permit request is conducive to the following objectives outlined in the HCDP: • Objective 1: Protect, restore, and enhance watershed ecosystems, sweeping views, and open spaces from mauka forests to maki shorelines, while assuring responsible public access for recreational, spiritual, cultural, and sustenance practices. • Objective 2: Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hāmākua’s rural character. • Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems. • Objective 13: Promote appropriate rural tourism that welcomes guests for an alternative visitor experience. Promote Hawaiʻi’s host culture and Hāmākua’s 18 heritage, including historic roads and plantation towns, and festivals that celebrate our rich multi-cultural music, art and agriculture. Discussion: The proposed annual event will be located on a relatively small portion of this very large property and is intended to have virtually no impact on the land. The event will not interfere with the ongoing cattle operation on the property and will take place while the cattle are grazing distant paddocks. As proposed, no permanent structures will be constructed and no land altering activities will take place. Thus, the events will not detract from the agricultural potential of the land. Rather, the annual events will ensure that the area is protected and preserved for future uses. Additionally, the ability to use the farm trucks stored on the property for other commercial uses will enhance and promote local agriculture by providing enhanced economic opportunity to the rancher leasing the land. 3D. Surrounding Zoning and Land Uses The subject parcel and the majority of the surrounding area is zoned A-20a, with a few parcels located just south of the subject parcel designated as A-10a (Figure 3). The land use in the surrounding area is primarily agricultural with some residential use as well. Directly west of the subject parcel is an approximately 11,395-acre parcel, primarily consisting of Conservation land and also owned by the Applicant. The proposed campsite areas will be centered on the property, with the nearest dwelling approximately 2,200 feet away. Thus, the proposed location is intended to provide ample privacy and provide significant buffer from adjacent properties. 3E. Flood Insurance Rate Map The Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM) designates the subject site to be in Flood Zone X, or outside the 500-year floodplain (Figure 8). 3F. Archaeological Resources Although no formal archaeological study was conducted in conjunction with the proposed request, it is unlikely any archaeological resources exist in the project area as the subject property has long been used for sugar cane cultivation and as pastureland for grazing cattle. An aerial photo of the area taken in 1965 (Figure 9) shows that the area cleared for agricultural use, with several access roads crossing the property. Additionally, the project does not propose any new ground disturbing activities. Thus, it is unlikely that the project would have an effect on any archaeological resources. Nevertheless, in the event any inadvertent archaeological discoveries are made in conjunction with this project, the applicants will immediately notify the Planning Department and the State Historic Preservation Division (SHPD) and secure proper clearances before proceeding with any activities. ArcGIS Web Map Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS,EPA, US Census Bureau, USDA, USFWS, Esri, NASA, NGA, USGS, County ofHawaii IT Department National Flood Hazard Layer Flood Zones X Parcels (current boundary lines) Street Centerlines Hawaii County District Boundary Coastline 8/14/2024, 7:17:46 AM 0 0.55 1.10.28 mi 0 0.9 1.80.45 km 1:36,112 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 8 SUBJECT PARCEL APPROXIMATE PROJECT AREAS FIGURE 9 21 3G. Floral and Faunal Resources Vegetation in the project area consists primarily of non-native shrubs and grasses. The area has a history of use for sugar cane cultivation and pastureland and thus the applicant does not believe there are any threatened or endangered species in the area. The majority of the property is currently used as rangeland for grazing cattle. Introduced bird species such as Dove, Japanese White-eye, House finch, and Common Myna are common in the area. Domestic animals such as cats, dogs, and feral pigs are also common and not considered endangered. It is possible that the Hawaiian Hawk (Buteo solitarius) and Hawaiian owl (Asio flammeus sandwichensis) may be seen on or near the subject site due to the property’s rural nature. The Hawaiian Hoary Bat or ‘Ōpe‘ape‘a (Lasiurus cinereus semotus) may also utilize the site as they are far ranging and utilize habitats across the island. As the project will utilize previously cleared areas and does not propose any ground disturbing activity, no impacts are anticipated to any floral or faunal resources. 3H. Valued Cultural Resources The Hawai‘i State Supreme Court’s PASH and Ka Pa‘akai O Ka ‘Aina decisions require decision-makers to consider a project’s impact to native Hawaiian practices and resources. Specifically, prior to deciding, State and County agencies must identify the cultural, historical, and natural resources and associated traditional and customary practices of this site, the impacts of the proposed project to those resources and practices, and the feasible action (i.e., mitigation measures), if any, to protect such resources and practices. There are no public access points to mountainous areas from the subject site and no cultural resources are known to be located on the property. It is not known whether the subject site or immediate surrounding area was ever used for traditional and customary rights by native Hawaiians. Since the property has been used for agricultural purposes for many years, it would appear unlikely that the site would serve such a purpose today and/or in the recent past. However, in the event any cultural resources were to be found on the property, all activity would cease in the immediate area, and the Department of Land and Natural Resources State Historic Preservation Division would be contacted immediately. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural resources of this area. 3I. Public Access This request will not affect any coastal public access as the site is over 1 mile from the shoreline and outside of the Special Management Area. There are no public access points from the property to mountainous areas. 22 3J. Description of Access Access to the site is via Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road. Indian Tree Road is a private paved roadway with a 50-foot right-of-way and pavement widths varying between 12 and 16 feet. The road is generally well maintained, but does contain a few potholes. The applicant is willing to repair the potholes if deemed necessary. The applicant has legal easement access over the private roadway (Exhibit A). An existing 10-foot-wide gravel driveway with a 20-foot right-of-way will provide attendees with access through the property and to the campsites. A section of the driveway crosses a stream. The applicant will comply with Fire Department access requirements. Designated parking areas are provided within the campsite zones for up to 200 vehicles. 3K. Traffic Impacts As the event will take place only once per year and attendees are anticipated to remain on the property for the duration of the event, traffic impacts from the proposed project will be short-lived and minimal. Guests are anticipated to carpool to the site with an average of 2.5 people per vehicle. Thus, with a maximum attendance of 500, approximately 200 vehicles would be anticipated. Arrival and departure times will be staggered with approximately half of the attendees arriving on Friday and the other half arriving on Saturday. Likewise, it is anticipated that approximately half of the attendees will leave on Sunday and the other half will leave on Monday. Thus, while overall traffic on Indian Tree Road is anticipated to increase during the 4-day event, the hourly traffic increase will be minimal given that traffic will be spread out throughout the weekend. Furthermore, given that the event will only take place once per year, the overall traffic impacts will be short-lived. Additionally, the proposed storage of up to six (6) work vehicles will not result in any significant increase in traffic. 3L. Availability of Utilities Water The property currently contains one 3,000-gallon rainwater catchment tank for non-potable and emergency fire suppression use. As the request is to hold only one event annually and to have as little impact on the property as possible, event attendees will be required to bring their own potable water to the event. Thus, the water needs of the project will be minimal, if at all. This area receives more than 170 inches of rainfall annually and there are no permanent structures in the vicinity of the campsites or bonfire area and thus the risk of fire emergencies related to the event is low. However, if required, the applicant is willing to install an additional rainwater catchment tank within the bonfire area for emergency fire suppression purposes. No water is necessary for vehicle storage use. 23 Wastewater The applicant will rent portable toilets for the duration of the annual events. The toilets will be removed immediately upon completion of the events. No wastewater facilities are necessary for vehicle storage use. Electricity The event is intended to be an off-grid, sustainable camping experience. The property is not connected to the electrical grid and no electricity will be provided for the event or campsites. Attendees of the event may opt to bring their own generators or solar energy systems, although most guests do not. Otherwise, electricity will not be available or necessary for the proposed camping event. Additionally, no electricity is necessary for vehicle storage use. Other Utilities No other utilities will be required for the proposed Special Permit use. Police, fire, and medical services are available roughly 6.5 miles south of the property in Hilo. It is noted that prior to the 2023 event the applicant had reached out to the Fire Department and the Police Department to inform them of his plans and solicit safety and/or fire prevention recommendations. An inspector from the Fire Department visited the property at that time and agreed that there was very little risk of fire in this rainy mauka area of Pāpaʻikou. Consultation with the Police Department at that time indicated that there were no requirements for private event security. A formal request for comments regarding the proposed use and any fire and/or security requirements was sent to both the Fire and Police Departments in preparation of this application (Exhibits B & C). The Fire Department had indicated that water and access applicable codes would apply and that they would be willing to assist the event organizers with additional safety provisions if needed; however, we have yet to hear back on any specific fire code requirements. A response from the Police Department has not been received to date. Both departments will have the opportunity to comment on this application during the application review process and the applicant will comply with any recommendations provided by the respective agencies. III. REGULATORY ANALYSIS 4A. Coastal Zone Management The subject property is located over 1 mile from the nearest coastline and is not located within the Special Management Area. It is unlikely that any archaeological features, threatened or endangered plants, animals, or avian species will be adversely affected by the proposed use. There is no designated public access to the mountain areas over the property. Therefore, the proposed use will not adversely impact any recreational resources, including 24 access to and along the shoreline, scenic and open space resources, coastal ecosystems, and marine and coastal resources. 4B. Impacts to Surrounding Properties Temporary and minor noise may occur during the event. The event will be restricted to a 4- day period and will only occur once per year. During that time noise impacts to surrounding properties are not expected to be significant as the camping and bonfire areas will be centrally located within this large parcel to provide an adequate buffer to surrounding property owners, with the nearest dwelling situated approximately 2,200 feet from the nearest campsite area. Additionally, the Applicant owns the adjacent parcel to the west which does not contain any dwellings and consists of over 11,000 acres; therefore, all amplified sound will be oriented in the western direction so that sound is projected away from any nearby residences. Approximately two (2) generators are anticipated to support live music/DJ events. With regard to individual campsite use, participants will be allowed to bring generators, but generally speaking, most do not, and those who do will be encouraged to bring battery operated generators which do not emit sound. It is therefore anticipated that any sound impacts will be mitigated by minimal use, remoteness of the site and the limited duration of the event. If additional mitigation measures are deemed necessary, with the exception of the generators used to support live music/DJ events, the applicant is willing to restrict the personal use of generators to between the hours of 9:00 a.m. and 9:00 p.m. With regard to noise generated by vehicle storage, as these vehicles are also used for agricultural purposes, noise generated by the vehicles will continue to be comparable to noise generated by standard agricultural use. The proposed request will not have an effect on scenic views as no new permanent structures or ground disturbance are proposed. The camping event areas will be centrally located within the parcel so as to provide a natural buffer from adjacent properties. Additionally, no coastal view planes will be impacted by the proposed request. Light pollution is another important aspect of minimizing impacts to surrounding properties and the visibility of the night sky. As electricity will not be provided to the event/campsites and the event will only be once per year, light pollution from the event will be minimal and short-lived. Any attendees who bring their own power supply from which to power their own light fixtures or battery-operated light fixtures will be required to conform to the standards established by the Hawai‘i County Outdoor Lighting Ordinance (Hawai‘i County Code Chapter 14, Article 9: “Outdoor Lighting”) and any lighting fixture should be fully shielded. This means that all lighting fixtures must emit zero light above the horizontal plane. With regard to traffic, impacts to surrounding properties should be minimal. While traffic on Indian Tree Road is expected to increase during the event, the increase will be minimal and short-lived as the event will only take place once per year. Additionally, event traffic would generally be spread out throughout the day of arrival and the day of departure, with 25 attendees expected to remain on site for the duration of the event. Furthermore, it is anticipated that the majority of the event traffic will not interfere with morning school and work traffic as the majority of attendees will only attend during the weekend and peak guest trip times will be outside of normal peak traffic periods. It is also noted that prior to the 2023 event, the Applicant had contacted several nearby neighbors to inform them of the event. Upon following up with neighbors after the event, only one neighbor reported being able to hear amplified music but reported that the sound was not bothersome. Since then, the applicant has received letters from surrounding property owners who support this Special Permit request and attest to his merits as a good neighbor (Exhibit D). With respect to the proposed vehicle storage, commercial use of the vehicles outside of general on-site agricultural use will be sporadic and minimal and is thus not expected to have a significant impact on traffic. As the commercial use of the vehicles will involve picking up materials off-site to be delivered to other off-site locations, the commercial use of the vehicles will not involve transport of heavy loads to and from the property. 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads, streets, sewers, water, drainage, school improvements, and police and fire protection. 4D. Unusual Conditions In recognizing that lands within the agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawai‘i Revised Statutes Chapter 205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural districts other than those for which the district is classified. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. As noted in the General Plan, in recent years many niche tourism markets, such as eco-tourism and health and wellness tourism have established themselves throughout the island. Additionally, the importance of agricultural land and food security has emerged as a dominant topic in our community, as has the need to support local farmers and ranchers who must rely on supplemental forms of income to support their agricultural pursuits. This Special Permit request mirrors these trends. The subject 1,419.17-acre parcel is located within the Agricultural district and the vast majority of the parcel is used as pastureland for grazing cattle. The proposed Special Permit request will not interfere with or inhibit the ongoing agricultural use of the property in any way. Rather, the intent of the event will be to provide a beautiful, natural, pastoral backdrop in which visitors and residents alike can celebrate art and self-expression in a manner which emphasizes respect for the environment and the practice of “leave no trace”. The event is designed in such a way as to have a minimal footprint on the land and attendees will be required to bring their own supplies, clean up after themselves and endeavor to leave the 26 environment in a better state than it was found. To this end, it is the Applicant’s goal that the proposed events will provide a fun and enriching experience that complements, enhances and celebrates its host agricultural backdrop. Additionally, with regard to the vehicle storage, the ability to utilize the stored vehicles for other commercial purposes while not in agricultural use will provide the rancher leasing the property with an important secondary source of income, critical to offsetting the cost of the vehicles and generating supplemental income. 4E. Land Suitability for Permitted Use The Land Use Pattern Allocation Guide (LUPAG) designates this land as Important Agricultural Lands (Figure 4) and the Land Study Bureau classifies the property as containing primarily a combination of “C”, or “Fair” and “D” or “Poor” soils with areas along the streams that run through the property designated as “E” or “Very Poor” (Figure 5). According to the Agricultural Lands of Importance to the State of Hawai‘i (ALISH), the project area is classified as primarily prime farmland, with portions of the property along the streams unclassified (Figure 6). The land is well-suited for agricultural uses and is primarily used for agriculture. The proposed request will not interfere with or inhibit the ongoing agricultural use in any way as this is a very large parcel with many grazing paddocks and the cattle will be grazing distant areas of the property while the event occurs. 4F. Land Character and Present Use The vast majority of the property is currently used as pastureland for grazing cattle. An approximately 0.46-acre portion of the property is used to store the vehicles which are used for on-site agricultural uses as well as for other off-site commercial purposes. The proposed events will be limited to a 14.7-acre portion of the property, will only be held once per year, will not require construction of any new improvements or alterations to the land, and will not interfere with the ongoing agricultural use of the property. Thus, the Special Permit request will not alter the essential character of the land; rather, it will realize its fuller potential through the addition of an unusual, yet compatible and reasonable use. 4G. Relationship to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan or the Hāmākua Community Development Plan. As discussed in Section 3C of this report, the proposed use conforms to the General Plan’s economic, environmental, natural beauty, recreation and land use goals and policies. The proposed project will provide the Applicant with the opportunity to provide an annual recreational event highlighting art, self-expression, civic responsibility, respect for the environment and the practice of “leave no trace”. Approval of the requested Special Permit will also provide the rancher leasing the property with the ability to offset the cost of his farm vehicles by using them for other commercial purposes. 27 4H. Unusual and Reasonable Use The proposed project constitutes an unusual and reasonable use of the land, which would not be contrary to the objectives sought by Land Use Law and Regulations, which for the Agricultural District, seek to preserve or keep the land of high agricultural potential in agricultural usage. The request is unusual in that it is not strictly agricultural in nature; the use would allow the applicant to hold an annual camping event on the property and for the applicant’s tenant to utilize his farm vehicles for other commercial purposes. The request is reasonable in that the event would utilize a relatively small portion of the property, only take place once per year, would not require any new ground disturbance, would not interfere with or detract from any ongoing agricultural uses, and would highlight the pastoral history and beauty of the Hāmākua area while providing recreational opportunities to the community and visitors alike. Additionally, use of the farm vehicles for other commercial purposes is reasonable as it will support local agriculture by helping to offset the cost of the farm vehicles. In conclusion, the proposed use would not adversely impact the agricultural land inventory in the County of Hawai‘i and would not be contrary to the intent and purpose of the State Land Use Law. Rather, it would provide the growing number of residents and tourists in the area with an additional recreational opportunity while showcasing an active Hawaiian ranch and will provide a source of diversified income to the rancher storing his work vehicles on the property. EXHIBIT A RE: Request for Comment Relating to Proposed Special Permit Application TMK (3) 2-7-007:001 Aloha Royd, We submitted a Special Permit application for the landowner of the subject property to hold an annual 4-day camping event on his property up Indian Tree Road in Papaikou. Campers will be encouraged to participate in/observe a wide range of dynamic activities which will be initiated by event participants and will include things like fire dancing, light installations, art installations, music, eco-conscious workshops, etc. Campfires will only be permitted within designated raised fire pits and all fire-related uses will be within an open mowed area of the property. The Planning Department recently returned the Special Permit application and requested additional information before they will accept it. One of their requests was to consult with the Fire Department to determine the minimum requirements for fire suppression water and Fire Department Access. For context, I'm attaching the conceptual site plan here. The campsites are accessed via old cane roads which are approximately 10 feet wide. Section 18.23.5.1.1 requires an unobstructed width of not less than 20 feet, or as approved by the authority having jurisdiction. While the gravel width of the road is only 10 feet, there is certainly more than 5 feet of unobstructed width on either side of the gravel. Would this be sufficient for Fire Dept. access? Also, can you confirm what is needed for fire suppression water? The only structures within the campsite areas will be temporary tents and temporary art installations set up by the campers. Fire extinguishers will be stored throughout the property in case of emergency. If needed, the landowner can install a water tank in the campsite area for fire suppression, but we are unsure if this is required under code and what the required storage capacity would be. Also, for additional context, according to the landowner, Andrew Tepper, he held the camping event last fall and had contacted the Fire Department beforehand to let you know about the event and solicit fire prevention recommendations. Andrew said that someone from the Fire Dept inspected the property last year and agreed that there was very little fire risk in this rainy mauka area of Papaikou. We're trying to provide Planning with the additional information they've requested as quickly as possible. Your input and comment is greatly appreciated. Thank you, Kim Chiodo Project Manager Land Planning Hawaii 194 Wiwoole St, Hilo, HI 96720 (808) 333-3393 (office) (808) 333-3576 (direct) kim@landplanninghawaii.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Thu, 03 Oct 2024 9:49:10 AM -1000 • To "Henderson, Royd"<royd.henderson@hawaiicounty.gov> Cc "Fire Admin"<fire@hawaiicounty.gov>,"Goo, Tyson"<Tyson.Goo@hawaiicounty.gov>,"John Pipan" <john@landplanninghawaii.com> Me <kim@landplanninghawaii.com> EXHIBIT B ---- On Tue, 03 Sep 2024 14:15:25 -1000 Kim Chiodo <kim@landplanninghawaii.com> wrote --- Hi Royd, Thank you for your reply. A Special Permit application has been submitted to the Planning Department. Aloha, Kim Chiodo Project Manager Land Planning Hawaii 194 Wiwoole St, Hilo, HI 96720 (808) 333-3393 (office) (808) 333-3576 (direct) kim@landplanninghawaii.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. ---- On Tue, 03 Sep 2024 13:09:17 -1000 Henderson, Royd <royd.henderson@hawaiicounty.gov> wrote --- Kim, All water and access applicable codes will apply. We are willing to assist the event organizer with additional safety provisions if needed. Thank you, Royd From: Fire Admin <fire@hawaiicounty.gov> Sent: Tuesday, August 20, 2024 2:28 PM To: Henderson, Royd <Royd.Henderson@hawaiicounty.gov> Subject: FW: Request for Comment Relang to Proposed Special Permit Applicaon TMK (3) 2-7-007:001 Hello Prevenon, Please see request for comments aached. Mahalo! Jordyn Mantz Clerk III, Administraon Hawaii Fire Department (808) 932-2900 From: Kim Chiodo <kim@landplanninghawaii.com> Sent: Tuesday, August 20, 2024 9:36 AM To: Fire Admin <fire@hawaiicounty.gov> Cc: John Pipan <john@landplanninghawaii.com> Subject: Request for Comment Relang to Proposed Special Permit Applicaon TMK (3) 2-7-007:001 Aloha, Please see the attached letter requesting your Department's comments. A hard copy of this letter will also be mailed to your office. Thank you, Kim Chiodo Project Manager Land Planning Hawaii 194 Wiwoole St, Hilo, HI 96720 (808) 333-3393 (office) (808) 333-3576 (direct) kim@landplanninghawaii.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com August 20, 2024 Kazuo S.K.L. Todd, Fire Chief County of Hawaii Fire Department 25 Aupuni St, Suite 2501 Hilo, HI 96720 Dear Chief Todd: Subject: Early Request for Comment Regarding Proposed Special Permit Request to Host an Annual Event Landowner: Teppy Mountain LLC (3) 2-7-007:001, 27-476 Indian Tree Rd., Pāpaiʻkou, South Hilo, Hawaiʻi____ The landowner of the subject property has contracted with our office to assist with the preparation and submittal of a Special Permit application requesting approval to hold an annual 4-day event with overnight camping on the subject property. The intention of the event will be to provide a fun and enriching environment in which attendees can enjoy art and self-expression. The event will be centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment, emphasizing the practice of “leave no trace”. The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i. The Special Permit will request to utilize a 14.9- acre portion of the overall 1,1419.17-acre parcel for the event. No permanent or temporary structures are proposed apart from portable bathrooms which will be removed immediately upon completion of the event. Attendees will bring their own camping equipment and supplies. The event will include an area designated for bon fires. The risk of fire emergencies related to the event appears low as this area of the island receives 170+ inches of rainfall annually and there are no structures in the project area. Nevertheless, the landowner intends to have fire extinguishers available on the property in case of emergency and will consider any additional safety mitigation measures recommended by your department. If required, the applicant is willing to also install a rainwater catchment tank to store water for emergency fire protection use. Your comments on the proposed use are requested and appreciated. Please feel free to direct any questions or comments directly to me. Sincerely, John Pipan Planning Administrator 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com September 30, 2024 Benjamin Moszkowicz, Chief County of Hawaii Police Department 349 Kapiʻolani Street Hilo, HI 96720 Dear Chief Moszkowicz: Subject: Early Request for Comment Regarding Proposed Special Permit Request to Host an Annual Event Landowner: Teppy Mountain LLC (3) 2-7-007:001, 27-476 Indian Tree Rd., Pāpaiʻkou, South Hilo, Hawaiʻi____ Our office recently submitted a Special Permit application on behalf of the subject landowner requesting approval to hold an annual 4-day event with overnight camping on the subject property. The Planning Department returned the application with a request that we contact the Police Department to determine whether there are any public safety requirements for the proposed event. The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i. The Special Permit requests to utilize a 14.9-acre portion of the overall 1,1419.17-acre parcel for the event. The intention of the event will be to provide a fun and enriching environment in which attendees can enjoy art and self-expression. The event will be centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment, emphasizing the practice of “leave no trace”. The next annual event is anticipated to be attended by up to 200 people with the hope of eventually hosting up to 500 attendees. The landowner plans to have community volunteers trained to mediate and de-escalate conflicts on-site for the duration of the event. These volunteers will contact the authorities should a situation arise which cannot be safely resolved. Your comment on the proposed use and any required safety protocols is requested and appreciated. Please feel free to direct any questions or comments directly to me. Sincerely, John Pipan Planning Administrator EXHIBIT C Evan Rock 27-495 Indian Tree Road Papaikou, HI 96781 PO Box 604 Papaikou, HI 96781 Date: August 16, 2024 County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Sir/Madam, I am writing to express my support for Andrew Tepper’s event, Falls on Fire, which is planned for the weekend of November 9, 2024. My name is Evan Rock, and I have been a resident and landowner on Indian Tree Road since 2013. I consider Mr. Tepper to be a responsible neighbor and a considerate member of our community. I have observed Mr. Tepper’s commitment to hosting his events in a manner that respects both the environment and the local community. I was under the impression that during last year's Falls on Fire, Mr. Tepper proactively engaged with the planning department, the police department, and the fire department to ensure all necessary approvals and safety measures were in place. Following the event, he reached out to confirm that the noise and traffic levels were manageable, and I told him that there was no bother at all. I can personally attest to the fact that the event did not create significant disturbances. A couple of his guests politely smiled and waved kindly when I happened to pass them on the road. Mr. Tepper has consistently shown himself to be a great neighbor, and his efforts to host such events in a responsible manner are commendable. I believe that Falls on Fire contributes positively to our community by providing a venue for people to gather, enjoy various activities, and foster a sense of camaraderie. I am confident that Mr. Tepper will continue to uphold the highest standards of consideration for our neighborhood. Thank you for considering my support for Mr. Tepper's event. Should you require any further information, please feel free to contact me at 808 464 3847. Sincerely, Evan Rock EXHIBIT D Fwd: Falls on Fire 2024 ---------- Forwarded message --------- From: Scott Hoyt <scott.hoyt@gmail.com> Date: Mon, Aug 19, 2024 at 6:14 PM Subject: Re: Falls on Fire 2024 To: Andrew Tepper <teppy@egenesis.com> Aloha Teppy - If it is appropriate to send this letter directly, please let me know where to direct it. Otherwise, please feel free to forward the following if that is sufficient: Scott Hoyt 27-447 Indian Tree rd Papaikou, HI 96781 scott.hoyt@gmail.com (808)345-0438 August 18, 2024 County Planning Department County of Hawaii Dear County Planning Department, I am the primary resident and caretaker at 27-447 Indian Tree Road. I am writing to express my strong support for the application submitted by my neighbor, Andrew Tepper, to host a large weekend-long party with friends on their farm. I was happy to support this party verbally last year, and I stand by that. Please consider this my written statement of support for this year’s event. I can attest to the fact that it was a well- organized event with minimal impact on the surrounding area. Andrew Tepper is a considerate and responsible neighbor with a spirit of aloha in all of his communications. He has always been mindful of the neighborhood and has taken steps to ensure that any potential noise or traffic concerns are addressed. In fact, during his previous event, there was little to no disruption to the neighborhood and all attendees were well-behaved. I believe that allowing Andrew Tepper to host this party will have a positive impact on the overall cohesiveness of our neighborhood. It provides an opportunity for residents to come together, strengthen community bonds, and create lasting memories. I respectfully urge the County Planning Department to approve Andrew Tepper's application for the weekend- long party. I am confident that all participants will uphold the standards of courtesy and respect that they have demonstrated in the past. Thank you for considering my input on this matter. Please do not hesitate to contact me if you require any further information. Sincerely, Scott Hoyt Tue, 20 Aug 2024 8:01:42 PM -1000 • To "Kim Chiodo"<kim@landplanninghawaii.com> TE teppy@egenesis.com 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com October 15, 2024 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Christian Kay Early Comments from Police Department Regarding Special Permit Application (PL-SPP-2024-000075) Applicant: Teppy Mountain LLC Agent: Land Planning Hawaii LLC Pāpaʻikou, South Hilo, Hawaii TMK: (3) 2-7-007:001 (por)____________ Shortly after resubmitting the subject application we received a response to our request for comments from the Police Department. The response states that they do not anticipate significant traffic impacts from the proposed project. Their response letter is attached here. We trust that everything is in order for your acceptance and processing of this additional information. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator Mitchell D. Roth Mayor Lee E. Lord Managing Director West Hawaii Office Kailua4AneKeohokalole awai' i967Hwy County of HawaiiKailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 PLANNING DEPARTMENT CERTIFIED MAIL RESTRICTED DELIVERY SIGNATURE COMFIRMATION RESTRICTED DELIVERY 7019 2280 0002 0137 1621 September 8, 2022 Teppy Mountain LLC 4717 Middle Road Allison Park, PA 15101-1174 Dear Property Owner: SUBJECT: WARNING LETTER Zendo Kern Director Jeffrey W. Darrow Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 Complaint: Unpermitted Commercial Rental Business / Base Yard within the Agricultural Zoned District File No.: ZCV-2021-015E Landowner: Teppy Mountain LLC TMK: (3) 2-7-007:001, 27-476 Indian Tree Road., S. Hilo, HI We received a complaint in March of 2021, stating that the subject property is operating an unpermitted equipment rental business and equipment storage facility within an Agricultural zoned district. This business is known as Indian Tree Ranch & Rentals LLC, and may be operated by your lessee, Roger Uchima. According to the County of Hawaii Planning Department records, a Special Permit was not secured to operate any non-agricultural business or equipment storage facility on the above subject property. BACKGROUND Our initial investigation based on a complaint, has revealed the following: The subject property is located at Tax Map Key (TMK) 2-7-007:001, and the street address is 27-476 Indian Tree Road, (hereinafter referred to as the "property"). The property, owned by Teppy Mountain LLC, consists of approximately 1,419.17 acres. The property is located within the State Land Use (SLU) Agricultural (A) and within the County of Hawaii, Zoning District Agricultural (A - 20a). www.planning.hawaiicounty.gov Hawai'i County is an Equal Opportunity Provider and Employer planningAhawaiicounty.gov Teppy Mountain LLC Warning Letter — Unpermitted Comm'l Rental Business ZCV-2021-015E September 8, 2022 Page 2 HAWAII COUNTY CODE (HCC), CHAPTER 25 ZONING Section 25-4-4 Uses Prohibited. Any use not listed among the permitted uses in a zoned district is a prohibited use within that district, except as otherwise provided in this chapter. Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: A Non -Agricultural Equipment Business is not listed as a permitted use within the Agricultural zoning district. HAWAII REVISED STATUTES (HRS): HRS 205-4.5 Permissible uses within the agricultural districts. 7) Public, private, and quasi -public utility lines and roadways, transformer stations, communications equipment buildings, solid waste transfer stations, major water storage tanks, and appurtenant small buildings such as booster pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair or maintenance, treatment plants, corporation yards, or other similar structures. HRS 205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations. 205-13 Penalty for violation. [(a)] Any person who violates any provision under section 205- 4.5, or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1,000. WARNING This letter offers you the opportunity to correct a possible violation before a formal Notice of Violation & Order and fines are issued. To respond to the complaint, please do the following by the deadline date" of October 10, 2022. Cease all non-agricultural businesses on the subject property and contact the Planning Inspector listed below either by phone or letter. Upon receipt of your letter and after our satisfactory review, we may close this complaint process with no formal action depending on the evidence that you provide to this office. GENERAL INFORMATION What happens if you do not correct the alleged violation? If you do not respond to this letter by the deadline date listed above, you shall be issued a "Notice of Violation and Order" which may lead to a civil fine of $500 and possibly daily fines as shown below. Teppy Mountain LLC Warning Letter — Unpermitted Comm'l Rental Business ZCV-2021-015E September 8, 2022 Page 3 In addition, in accordance with HRS 205-13 penalty for violation, we may include an additional fine in the sum of $5,000. A violation that is not corrected by the deadline date will be assessed daily fines starting at $100 ver day, be2innin2 the day after the deadline date, unless it is a recurring violation (see table below). After 3 months, the fine increases to $200 per day; after 6 months to $300 per day; and after 9 months, to $500 per day, until the case is resolved. It is in your best interest to correct this issue before or on the deadline date as indicated above. Daily Fines: According to County of Hawaii Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the Director may assess additional fines to a maximum of $500 for each day that the violation remains uncorrected in accordance with the following schedule: Daily FinesAfterFirstThreeMonths Third After Sixth After Ninth for Violations 3rd) Month 6th) month 9th) Month Initial Violation 100 200 300 500 First Repeated 200 300 400 500 Violation Second Repeated 300 400 500 500 Violation Third Repeated 400 500 500 500 Violation Fourth (4d`) and subsequent repeated violations will be assessed $500 per day of additional daily fines from the date that the violation was to cease or be corrected, as set forth in the order. Should you have any questions, please feel free to contact Planning Inspector, Mark Iwamoto at 808) 961-8151. Sincerely, Zendo Kern (Sep 19, 2022 08:20 HST) ZENDO KERN Planning Director MI: cn COH01\planning\public\Enforcement\TMK Files\ZONE 2\2-7-007-001\Baseyard&rentalZCV-21-015E.doc Mitchell D. Roth Mayor Lee E. Lord Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 November 1, 2022 Teppy Mountain LLC Attention: Mr. Andy Tepper 4717 Middle Road Allison Park, PA 15101-1174 Dear Mr. Tepper: County of Hawaii PLANNING DEPARTMENT SUBJECT: CLOSURE LETTER Zendo Kern Director Jeffrey W. Darrow Deputy Director East Hawaii Office 101 Pauahi Sheet, Suite 3 Hilo, Hawai'i 96720 Phone (808) 961-8288 Fax (808) 961-8742 Complaint: Unpermitted Commercial Rental Business / Base Yard within the Agricultural Zoned District Landowner: Teppy Mountain LLC File No: ZCV 2021-015E TMK: (3) 2-7-007:001, 27-476 Indian Tree Road., S. Hilo, HI On October 12, 2022, our Planning Inspector conducted a site inspection of your property, along with the lessee. Our Inspector observed two -dump trucks, one -tractor trailer, and one -backhoe located on the property. In addition, the lessee informed the Planning Inspector that there is a third dump truck, which was not currently present at the time. During the investigation, the lessee stated that beside the ranching activities, he also operates a hauling business and utilizes the three dump trucks as part of the business, but the tractor trailer and backhoe are primarily used for the ranching operation. The lessee was informed to remove the dump trucks or secure a Special Permit for a construction base yard. On October 27, 2022, the lessee informed the Planning Inspector that the three dump trucks were removed from the property. On November 1, 2022, our Planning Inspector conducted a follow- up inspection of the subject property, and confirmed that the dump trucks have been removed from the subject property. Please be reminded, if you choose to use your dump truck as a transportation vehicle from a construction site to the ranch, you must remove the dump truck by the end of each day. Any construction equipment/vehicles, etc., dedicated for the purpose of your ranching activity may continue remain. www.planning.hawaiicounty.gov Hai -pari County is an Equal Opportunity Provider and Employer planning hawaiicounty.Lov Teppy Mountain LLC Attention: Mr. Andy Tepper Closure Letter I ZCV-2021-015E Unpermitted Commercial Rental Business/Base Yard November 1, 2022 Page 2 Based on the above, we have determined that the unpermitted equipment storage yard has been corrected by removing/relocation of the dump trucks from the subject property. Therefore, we consider this case resolved and the complaint closed. Should you have any questions pertaining to this matter, please contact Planning Inspector, Mark Iwamoto at (808) 961-8151. Sincerely, Zgewlo /Kmlly Zendo Kern (Nov 14, 2022 08:08 HST) ZENDO KERN Planning Director MI: cn COHOI\planning\publicAEnforcement\TMK Files\ZONE 2\2-7-007-00 1 \ZCV 21-015EBaseyardclosure.doc cc: (email): Roger Y. Uchima, Lessee Mitchell D. Roth 4o sr OF h{?,• Zendo Kern Mayor 2 ligf' ',. Director Deanna S. Sako Jeffrey W.Darrow Managing Director moi-W w;;• _ Deputy Director West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 CERTIFIED MAIL 9589 0710 5270 2163 5113 38 June 25, 2024 Teppy Mountain LLC 4717 Middle Road Allison Park PA 15101-1174 Attention: Andy Tepper Teppy Mountain LLC Attention: Andy Tepper Dear Mr. Tepper: SUBJECT: NOTICE OF VIOLATION AND ORDER Complaint: Unpermitted Event(Falls of Fire) and Overnight Accommodations Landowner(s): Teppy Mountain LLC File No.:PL-PCV-2023-00567 TMK: 3) 2-7-007:001,27-476 Indian Tree Rd.,South Hilo,Hawaii We have received several complaints stating that an unpermitted event known as Falls on Fire took place on the subject property between November 17-19, 2023. It is estimated that approximately 100- 150 people may have attended this 2023 event. In addition, there is online advertising for another similar event scheduled for November 8-11, 2024, at the same location. FINDINGS Our initial investigation based on a complaint, has revealed the following: The property is located at TMK (3) 2-7-007:001, 27-476 Indian Tree Road, and is hereinafter referred to as the "property". The property is owned by Teppy Mountain LLC and consists of approximately 1,419.17 acres located within the State Land Use (A) Agricultural and within the County of Hawai`i, Zoning District Agricultural (A-20a). www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning(&hawaiicounty.gov Teppy Mountain LLC Notice of Violation& Order PL-PCV-2023-00567 June 25, 2024 Page 2 Between November 17-19, 2023, a large event called Falls on Fire took place on the above referenced subject property, which had an estimated 100-150 people attend and included overnight camping without a Special Permit. On August 10, 2023, prior to this event being held, event coordinator Gina Chen inquired through our office if any permit(s) would be needed to run an event at a private agricultural property located at 27-476 Indian Tree Road between November 17-19. This event would include camping with an estimated 50- 100 people, and they planned to have 6 porta potties. Staff contacted Ms. Chen and informed her that the event was not a permitted use. According to the "2023 Afterburn Report" it states that a Planning Department staff had stated that no permits would be needed for a camping event on private land, which is incorrect as stated above. Additionally, phone calls and emails were made between staff and Mr. Tepper after the event was held. It was clearly stated that a Special Permit would be required for this event and approval is required prior to the event being held. A recent review of the website advertisement (https://www.fallsonfire.com/) for the "Falls on Fire" event indicates that a new event is being scheduled between the dates of November 8-11, 2024. As of the date of this letter, no Special Permit application has been submitted or approved for this type of event at this time and/or location. Lastly, as mentioned above, your website has a "2023 Afterburn Report" which provided the suggested entry cost, the amount of guest attended, and the event dates/gate entry time for the previous event which was held without a Special Permit. Please refer to exhibits A-C. HAWAII REVISED STATUTES (HRS) HRS Section 205-13(a) provides that any person who violates any provision of HRS Section 205-4.5, or any regulation established relating thereto, shall be fined not more than 5,000, and any person who violates any other provision of Chapter 205, or any regulation established relating thereto, shall be fined not more than $1,000. HRS Section 205-4.5 (b) and HRS Section 15-15-25(a) provide that uses in the State Agricultural District not expressly permitted in HRS Section 205-4.5(a) shall be prohibited unless a special permit has been granted by the Planning Commission under HRS section 205-6. HAWAII COUNTY CODE (HCC) Section 25-4-4 Uses Prohibited provides in pertinent part that any use not listed among the permitted uses in a zoning district is prohibited use within that district. Section 25-5-72(a) Permitted uses: Unpermitted Events, overnight camping/accommodations is not listed as permitted uses within the Agricultural zoned district. Teppy Mountain LLC Notice of Violation& Order PL-PCV-2023-00567 June 25, 2024 Page 3 NOTICE OF VIOLATION Based on the above information, including the information within the above referenced website, there is sufficient evidence to show that you are in violation of Hawai`i Revised Statutes (HRS) and the Hawaii County Code (HCC) chapter 25. HRS") Section 205-4.5 (Permissible uses within the agricultural districts), HRS Section 205-2, Hawai`i Administrative Rules ("HAR") Section 15-15-25(a) and (b), and Hawai`i County Code HCC") Section 25-5-72 (Permitted uses within the agricultural district). You are in violation of HRS Section 205-4.5 and HCC 25-5-72(a) therefore you are being assessed a fine of $5,000 for violating the HRS and$500 violating the HCC. The violations must be corrected as stated in the Order below, on or before the stated deadline to avoid the accrual of daily fines. ORDER You are hereby ordered to take the following corrective action(s) at your own expense: 1. Immediately cease and desist all unpermitted events, including the camping/overnight accommodations. 2. Pay the assessed fine in the sum of$5,500.00 for the unpermitted 2023 event. 3. Remove all advertisements related to the upcoming 2024 unpermitted event. 4. Correct all violations at your own expense on or before the date specified below. 5. Pay all fines due to this office and complete corrective actions by the deadline date of July 9, 2024. Payment may be made by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check or money order payable to the County Director of Finance. 6. Provide a Letter of Understanding, stating that you will not this hold and any other unpermitted events until you secure the required Special Permit. 7. Contact the Inspector below and schedule an inspection of the subject property to verify compliance. Upon satisfactory compliance with all conditions of the above order, we may close the complaint with no further action. Teppy Mountain LLC Notice of Violation& Order PL-PCV-2023-00567 June 25, 2024 Page 4 GENERAL INFORMATION 9-19 Administrative Fines The Department is authorized to impose administrative fines in accordance with established rules. What happens if you do not correct the violation? A violation that is not corrected by the deadline date may be assessed daily fines. Administrative Fine: According to County of Hawai`i Planning Department Rules of Practice and Procedures 9-5(a) Administrative Fines: Resolution of a violation includes correction of the violation and payment of administrative daily fines not to exceed $500. In specifying the amount of the fine, the Director shall consider the following: 1) The nature and degree of the violation. 2) Whether the violation involves a threat to public health and safety. 3) Whether there are multiple violations. 4) Whether it is a repeated violation. Note: Items highlighted are the reason for the civil fine. What happens if you do not correct the violation? A violation that is not corrected by the "deadline date" shall be assessed daily fines starting at $100 per day beginning the day after the "deadline date" unless it is a recurring violation. (See table below.) After 3 months, the fine increases to $200 per day; after 6 months, to $300 per day; after 9 months, to $500 per day until the case is resolved. It is in your best interest to correct this problem before or on the "deadline date" as indicated above. Daily Fines: According to County of Hawai`i Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the Director may assess additional fines to a maximum of $500 for each day that the violation remains uncorrected in accordance with the following schedule: DAILY FINES FIRST AFTER AFTER AFTER FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO. Initial Violation 100 200 300 5500 First Recurrence 200 300 400 5500 Second Recurrence 300 400 500 Third Recurrence 400 500 Teppy Mountain LLC Notice of Violation& Order PL-PCV-2023-00567 June 25, 2024 Page 5 Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines from the date that the violation was to cease as set forth in the order. Can you appeal this Notice of Violation? Yes. In accordance with Section 6-9.2 (a) of the Hawai`i County Charter, the Board of Appeals is authorized to hear and determine any appeal from the final decisions of the Planning Director. 1. An appeal shall be electronically submitted in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic copy of each document shall be filed. A filing fee of $250 shall accompany any such appeal. Application must be submitted electronically) 2. The appellant, landowner(s) if not the appellant, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. For your convenience,we have provided the website address for Hawai`i County's new EPIC System Electronic Processing and Information Center) for applications. WEBSITE• https://hawaiicountvhi-energovpub.tvlerhost.net/Apps/SelfService#/home Due Date for Appeal: The appeal must be received within thirty (30) calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the Director's "Order" pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules of Practice and Procedures, or it may result in the dismissal of the appeal. What happens if I lose my appeal? The assessment and accumulation of fines does not stop when you file an appeal. If the Board of Appeals denies your appeal, then you will be required to pay your fines from the day the fines began to the date the violation(s) has been corrected, which must be verified by the Planning Department. You can also take corrective action as described in this letter and stop the daily fines while appealing. If you do not take corrective action, daily fines will continue to accrue incrementally. Should you acquire the services of an attorney/counsel representation, then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. Can I get a time extension to have more time to correct the violation? If you know you cannot complete the corrective action by the deadline date, you may want to submit a "request for a time extension" before the deadline date. Include all the following information with your request: Teppy Mountain LLC Notice of Violation& Order PL-PCV-2023-00567 June 25, 2024 Page 6 1. Describe what you have accomplished prior to requesting this time extension. 2. The amount of additional time necessary to complete the corrective action. 3. The name and telephone number of the person assisting you in this effort. 4. The date in which you expect the violation to be fully corrected. The submission of a time extension request does not guarantee the approval of the request, nor does it extend your right to appeal. If your time extension is denied, daily fines will continue to accrue from the date as described above and until the violation is corrected. If approved, the daily fines will be delayed until the new deadline date. Should you have any questions on this matter, please contact Planning Inspector Mark Iwamoto at 808) 961-8151. Sincerely, Zena(o ICem Zendo Kern (Jun 26,2024 07:25 HST) ZENDO KERN Planning Director MI/JD:ad V:\PL\PL\planning\public\Enforcement\TMK Files\ZONE 2\2-7-007-001\NOVOteppyeventspcv-23-00567.doc CC (via email): Jean Campbell—Corporation Counsel Teppy Mountain LLC Notice of Violation& Order PL-PCV-2023-00567 June 25, 2024 Page 7 FALLS ON FIRE November 8 - 11 , 2024 An Event In The Spirit Of Burning Man, On Hawaii (Island) Located in Hilo, Falls On Fire is a camping event focusing on art, radical sell-expression, community, and swimming in waterfalls! We are now accepting theme camp registration Exhibit A Photo depicts the advertisement for the upcoming unpermitted event (Falls on Fire) scheduled between November 8-11, 2024,registration. LOCATION & DIRECTION Address: 27-476 Indian Tree Rd, Papailcou,HI 96781 Hawaii Trop,cal Botanical Garden Instruction: 1111 OnameaBay Italic Instruction will be sent to RSVP e-mail list. 9Hamaku _ :v Erll iti P:l ® MaOData SOOmTerme keaorta rra a ror Exhibit B Photo depicts the Falls on Fire event location. Teppy Mountain LLC Notice of Violation & Order PL-PCV-2023-00567 June 25, 2024 Page 8 Falls on Fire 2023 Afterburn Report Overview Falls o- Fire 2023 was our -augu-a ecet the first on Ha.,vaii since 2015. V.le sold ""1 and 81 par:ic cants s-ovec up -ad approxinte.1 :8 :here camps, a temple a"d an et amplif ed music (2 camps), an ar installation (LED fd,s-rocT) and severa events in ',./a'ous camps. Vie had three swimming spo:s accessible this year. We use:: Hawaiian words fo-animals mi—oring Burning Man's 2023 A-imalia theme: "Keko Falls" :'Boncn Ace. 20 n—ute walk from the main site), Manakuke Falls" (Mongoose, 5 minute walk)and -Moo Pool" (Gecko, 5 minute walk.) Authorities and Neighbors 1-itial o-line research indicated :hat no permi:s were -eede,::: for a carapi g event on a-c A ca to the Hawaii County Planning DeDartme-t conf rmed t-is T-e ind a a. a at the panni-c; z.epa :men: suggested we notify the police as a courtesy. lie dic. our. o an of'.::.:er arc Both apprec ated :-e heags-up, and sucges:ec we a so on aurning art. Vie contacted the fire dec,artrre-t anc H.oa.me ow. -spec.-:ea :he area and dicated that the risk of a wildfire was n—imal. Prior :o the event we contacted all S homeowners on tY'e access road to e: them coo rio on. We to p a':er the even: :c.) make sure we ,,,acre not :00 bo -enr.;ome. One c e to hea-amplif h;,,: that it wasn't Dothe'some. As is consis:el oca c...stoms. an ceremony ("asking the an::. : %' as held prior to the event as part of the region's Burning Man Leadership Conference. Exhibit C Photo depicts the overview report for the 2023 Falls on Fire event. Teppy Mountain LLC Notice of Violation& Order PL-PCV-2023-00567 June 25, 2024 Page 9 Gate and Ticketing Our..a'-get was to have be'.v een 50 and "00 oa~ti. ipa'ts for the first ,year. Tickets were done a bit ifferen: tha ' .,_+T ....rr + ti.:ip ;' t Ti s: RSV". and The they .Avere sent a I -k . he-e they Id _ ei v cr P ,vPal. c the ...... Id . ,: cash at yie e•e "Pay ^yha: you can; S50 suCPa!,"i'en:s .-anger from S' T.. : '00. 87 people RSVP c. and several more were added I•anua Ile hbo s, °cals.) In all, 111E eco e .ere reciis:e'ed en -.-e pate ocened. Gate was operated from 6 AM to 8 PM Friday and Saturday. The only time we had a (sma ) line was between 7:00 PM and 8:00 PM on Friday. Next year we should extend Friday gate -ours a-til 9:00 or 10:00 PM and possibly shorten Saturday gate hours slightly. 81 partic,pants came :o the event. Finances Expenses 5412.28 Income 1424.00 Profit (Loss) 3988.00) C..lirlr L7 Fallc nn Lira 7riOn Fvrnancr Rnnnrt felt- rlrNtnilc Exhibit D Photo depicts the suggested payment of$50 and a payment range from$1 to $100. Mitchell D. Roth Mayor Deanna Sako Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai`i 96740 Phone (808) 323-4770 Fax (808) 327-3563 November 4, 2024 Teppy Mountain LLC 4717 Middle Road Allison Park, PA 15101-1174 Attention: Mr. Andy Tepper Teppy Mountain LLC Email: Attention: Andy Tepper Mr. John Pipan Land Planning Hawaii LLC 194 Wiwoole St. Hilo, HI 96720 Email: County of Hawai ' i PLANNING DEPARTMENT Dear Mr. Tepper and Mr. Pipan: Zendo Kern Director Jeffrey W. Darrow Deputy Director East Hawai`i Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 CERTIFIED MAIL 7021 2720 0001 6760 0955 SUBJECT: 2°d Daily Fines Letter and Warning Letter for New Event Complaint: Reference: File No.: TMK: Unpermitted Event (Falls on Fire) and Overnight Accommodations Notice of Violation and Order dated June 25, 2024 and Warning of Holding New Scheduled Event Dated November 8-11, 2024 PL -PCV -2023-00567 3) 2-7-007:001, 27-476 Indian Tree Rd. South Hilo, HI We issued a Notice of Violation and Order (NOVO) to you with an administrative fine in the sum of $5,500 dated June 25, 2024, for the unpermitted event known as "Falls on Fire" and unpermitted overnight camping accommodations, which occurred in 2023. As stated in the NOVO, you were instructed to remove all advertisements related to the upcoming 2024 unpermitted event known as "Falls on Fire" and receive a Special Permit before holding any other unpermitted events. You have not complied with the NOVO and daily fines have been accruing since July 10, 2024. www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planningidthawaiicounty.gov Teppy Mountain LLC Attention: Andy Tepper PL -PCV -2023-00567 November 4, 2024 Page 2 DAILY FINES As of the date of this letter, your website (https://www.fallsonfire) continues to advertise the next scheduled (Falls on Fire) event to be held on November 8-11, 2024. Please be advised that fines for the initial violation have now accrued to $21,400.00, which includes the initial administrative fine of $5,500.00 and the accumulated daily fines to the date of this letter, which are now being assessed at $200.00 a day based on the Daily Fines Schedule as shown below. Fines will continue to accrue until you notify this office that all advertisement has ceased or been removed and that the scheduled (Falls on Fire) event shall not be held until a Special Permit is approved by the Planning Commission. If you hold or allow the event without a Special Permit, we shall assess fines to our fullest extent and may seek any and all remedies permitted by law including the possibility of criminal prosecution. Daily Fines: As you have previously been advised in writing, according to the County of Hawai`i Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline date set by the order, the Director may assess additional fines to a maximum of $500 for each day that the violation remains uncorrected in accordance with the following schedule: Daily Fines for Violations First Three Months After Third 3rd) Month After Sixth 6th) month After Ninth 9th) Month Initial Violation 100 200 300 500 First Repeated Violation 200 300 400 500 Second Repeated Violation 300 400 500 Third Repeated Violation 400 500 Fourth (4th) and subsequent repeated violations will be assessed $500 per day of additional daily fines from the date that the violation was to cease or be corrected, as set forth in the order. 2ND WARNING You are hereby being given a Second Warning to not hold the scheduled event on November 8- 11, 2024. If you choose to hold this event, we will consider this a First Repeated Violation with new fines assessed to our fullest extent. On multiple occasions this office has verbally instructed you and your planning consultant, John Pipan, not to hold or allow the "Falls on Fire" event this year without a Special Permit. We have Teppy Mountain LLC Attention: Andy Tepper PL -PCV -2023-00567 November 4, 2024 Page 3 provided you and your planning consultant with instructions and information about the Special Permit process. A pending Special Permit application does not obviate the need for an approved Special Permit prior to initiation of the event. As you have been informed, the "Falls on Fire" event is not permitted without a Special Permit. If you allow this event to occur, you will violate the Hawai'i County Zoning Code and will be held liable for such violation. RESOLUTION To resolve this matter, you must do the following immediately, or daily fines will continue to accrue as described above and Corporation Counsel may begin legal action against you: 1. Do not hold the scheduled (Falls on Fire) event on November 8-11, 2024, on the subject property. Remove/disable all advertisements for this and any other scheduled event(s). Immediately contact the Planning Inspector listed below to inform that the advertisement has been removed or disabled and the event will not be held. 2. Pay all fines due to this office. Payment may be made only by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check or money order payable to the "County Director of Finance". If you do not know the amount you owe on the date you plan to pay, please contact this office for the amount due. As a reminder, daily fines will continue to accrue. We are informing you that this issue has been forwarded to the attention of the Office of Corporation Counsel for any appropriate legal actions. Should you have any questions, please feel free to contact Jeffrey W. Darrow, Deputy Planning Director, at (808) 961-8158 or Mark Iwamoto, Planning Inspector, at (808) 961-8151. Sincerely, Jeffrey t i, [}arrcm (Nov a, 2024 i.1. 53 HST) JEFFREY W. DARROW Deputy Planning Director cc (via email): Mayor Mitch D. Roth, mitchd.roth@hawaiicounty.gov Jean Campbell, Office of Corporation Counsel jeankcampbell@hawaiicounty.gov Teppy Mountain LLC Attention: Andy Tepper PL -PCV -2023-00567 November 4, 2024 Page 4 cc (via email): Lerisa Heroldt, Office of Corporation Counsel lerisaheroldt@hawaiicounty.gov Benjamin Moszkowicz, Police Chief Benjamin.moszkowicz@hawaiicounty.gov Reed Mahuna, Deputy Chief of Police Reed.mahuna@hawaiicounty.gov Kazuo Todd, Fire Chief Kazuo.todd@hawaiicounty.gov 67600955 C3 173 11-1 11.1 r-1 11.1 N II 1119e° q:rt Certified Mall Fee tii:x a ServIces & Fees pack bar, add Return Rraadat khauximpo Ell Return Renetpt (ellet.t'vronln) 0 CertMed MaH Fieutfictori Dtanwury Adun Stunuturrt rtsquIrrxt ID Ade bAgnatureRtzutrkleat DeUvrtly _ Postagrrire ei# 14.1 Teppy Mountain LLC Attn: Mr. Andy Tepper 4717 Middle Road Allison Park, PA 15101-1174 n10,1611,104111111001,,,111111110,,,,,M111....M.,V,,,,,,,NIMIIRIMSONOIMREA1111111111fill11111111110MVX,,1111,101,641011WVATRIIIA □ □ County of Hawai‘i BOARD OF APPEALS Aupuni Center • 101 Pauahi, Suite 3 • Hilo, Hawai‘i 96720 (808) 961-8288 • Fax (808) 961-8742 GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR (Type or legibly print the requested information. See instructions attached.) TYPE OF PETITION (check one): Appeal Decision of the Planning Director Appeal Decision of Director of Public Works Area of Property: County Zoning: Date: Email: Date: SUBJECT PROPERTY (land in question): Tax Map Key (TMK): State Land Use Designation: Street Address: APPELLANT INFORMATION: Name(s): Signature(s): Mailing Address: Telephone: Interest in Subject Property: LANDOWNER INFORMATION: Name(s): Signature(s)1: Mailing Address: Telephone: Email: APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable): Name(s)/Title(s): Signature(s): Date: Mailing Address: Telephone: Email: 1 Not required if the Landowner is not the Appellant. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 -PL or PW Dir.docx Revised April 2021 (3)2-7-007-001-0000 South Hilo A A-20a 27-476 Indian Tree Rd. Andrew Tepper, Owner of Teppy Mountain LLC January 10, 2025 4717 Middle Road, Allison Park, PA 15101-1174 412-973-7914 teppy@egenesis.com Owner of Teppy Mountian LLC, the entity which owns the subject property Teppy Mountain LLC January 10, 2025 4717 Middle Road, Allison Park, PA 15101-1174 412-973-7914 teppy@egenesis.com Sara Vargas, Esq. of Vargas Law Hawai`i, LLLC January 10, 2025 P.O. Box 320 Kealakekua, HI 96750 (808)987-6397 sara@vargaslawhawaii.com Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Statement of the nature of Appeal and the Relief Requested. Include Director’s decision and decision date: Statement of how the Director’s decision violates the law; or is clearly erroneous; or is arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion: Statement of any other relevant facts: If there is insufficient space on this form to provide the information, then please include supplemental documents. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 -PL or PW Dir.docx Revised April 2021 See attached Exhibit "1" See attached Exhibit "2" See Exhibits "1" and "2" for detailed relevant facts. Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 EXHIBIT “A” Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 VARGAS LAW HAWAII, LLLC SARA B. VARGAS, 10821 PO Box 320 Kealakekua, HI 96750 Phone No. (808) 987-6397 sara@vargaslawhawaii.com Attorney for Appellant STATEMENT OF THE NATURE OF THE APPEAL AND RELIEF REQUESTED I. NATURE OF APPEAL This appeal comes before the Board after numerous attempts by the Appellant to remedy the concerns of the Planning Department outside of the appeals process. The several actions taken, starting June 25, 2024 to present, specifically the formal action taken on November 4, 2024 and again on December 16, 2024, by the Planning Department Director Zendo Kern (hereinafter “Director Kern”), and the Deputy Director Jeffrey Darrow (hereinafter “Deputy Director Darrow”), on behalf of Director Kern and in his capacity as Interim DIrector, are retroactive applications of the Hawai`i Revised Statutes which do not apply to the subject property or nature of the event Falls on Fire, as this event has been established and determined to be characterized as camping on private agriculturally zone land, consisting of far in excess of ten (10) acres. These actions completely contradict the clear direction of the Planning Department to the Appellant wherein it was stated to the Appellant by the Department that a Special Use permit was not required to lawfully hold the event. II. RELEIF REQUESTED Based on the foregoing, Appellant respectfully requests that the findings and decisions of Director Kern and Interim Director Darrow, in the Department’s continuing action against the Appellant be reversed, and all imposed fines be returned to Appellant. Additionally, Appellant respectfully requests that the Planning Department promulgate a clear, concise opinion as to the Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 confusion referenced by Deputy Director Darrow. Furthermore, Appellant reserves the right to request additional relief, as well as to make additional arguments before the Board of review. Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 EXHIBIT “B” Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 VARGAS LAW HAWAII, LLLC SARA B. VARGAS, 10821 PO Box 320 Kealakekua, HI 96750 Phone No. (808) 987-6397 sara@vargaslawhawaii.com Attorney for Appellant STATEMENT OF HOW THE DIRECTOR’S DECISION VIOLATES THE LAW, IS ARBITRARY AND CAPRICIOUS, AND A CLEARLY UNWARRANTED EXERCISE OF DISCRETION I. THE DIRECTOR’S DECISION IN THIS MATTER VIOLATES THE APPLICABLE LAW a. No Special Use Permit is required for the activities of the Falls on Fire Event under State Law or the County code. The first issue on appeal is whether the Planning Department has the authority under the Hawai`i County Code to interfere with the Appellant’s right to enjoy and use the subject property based on the language of the applicable statute and code. The Falls on Fire event is in every essence “camping” in it’s colloquial meaning. The Land Study Bureau evaluated the subject property and designated and classified the existing topographical ratings of C, D, and E. Therefore, the applicable Hawai`i Revised Statute, H.R.S. § 205-4.5, governs the permissible uses of the subject property, and states in pertinent part: (c) Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U shall be restricted to the uses permitted for agricultural districts as set forth in section 205-5(b). (emphasis added) H.R.S. § 205-4.5 The pertinent section of H.R.S. § 205-5(b) states: (b) Within agricultural districts, uses compatible to the activities described in section 205-2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. Each county shall Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in section 165-2. (emphasis added) H.R.S. § 205-5(b) Based on the language provided and incorporated above, the applicable governing body of law which the subject property shall be reviewed under pursuant to H.R.S. § 205-5(b) is Hawai`i County Code Chapter 25, Division 7. Specifically, pursuant to Hawai`i County Code § 25-5- 72(a)(8), the Permitted uses of the subject property and other Agriculturally zoned parcels in excess of ten (10) acres include “campgrounds,” see governing Hawai’i County Code Sections as follows: Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. H.C.C. § 25-5-70 Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under Section 25-4-15. (4) Animal Hospitals. (5) Apiaries. (6) Aquaculture. (7) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (8) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreations facilities, where none of the recreational features are entirely enclosed in a building. (9) Cemeteries and mausoleums, as permitted under chapter 6, article 1 od this code. (10) Crop production… (emphasis added) H.C.C. § 25-5-72. Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Therefore, the activities of the Falls on Fire event taking place on the subject property fall outside the purview of the intent applicable Hawai`i Revised Statue, and a Special Use Permit process cannot be applied to the subject property or it’s temporary camping event. II. THE DIRECTOR’S DECISION WAS ARBITRARY AND CAPRICIOUS AND AN UNWARRANTED EXERCISE IN HIS DISCRETION. a. The Action taken by the County of Hawai`i Planning Department was and remains an arbitrary and capricious as well and unwarranted exercise in discretion. It is undisputed that prior to holding the recent Falls on Fire events, Appellant was in contact with the County of Hawai`i Planning Department, wherein Appellant inquired as to the whether or not there was a permit of any kind was required for a camping event on Appellant’s private land. The contact originated with County of Hawai`i Planner Sean Naleimaile, wherein Mr. Naleimaile stated to Appellant that there was no requirement for the Falls on Fire event to obtain any kind of permit, and furthermore instructed Appellant to provide courtesy notice to the Hawaii County Police Department, as well as the Hawai`i County Fire Department the date, time, and location the event would take place. All of this advice provided to the Appellant by Mr. Naleimaile was heeded, and the events were held without issue of any kind. It is worth noting that by its own admission, through the confirmation of Deputy Director Darrow on May 20, 2024, the Planning Department lacks understanding of its own governing body of law, with the following quote: Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 “There is still confusion whether or not an applicant can even apply for a Special Permit for an overnight campground from the State based on the recent court ruling.” Follow up on the issue was requested by the Appellant and Appellant’s counsel, to which an opinion or reconciliation by the Planning Department or it’s Corporation Counsel was never provided or disclosed. It is worth noting, subsequent to this filing, the Appellant also intends to seek a Declaratory Ruling pursuant to Rule 3-1 of the County of Hawai`i Planning Department Rules of Practice and Procedure. After the passage of months after the event was held, Appellant was contacted by the Planning Department and notified of “complaints” which were later clarified to consist mainly of inquiries, wherein the Director took the subject action to retroactively review and determine a violation had taken place with the Falls on Fire event. This action is arbitrary, as at the time of the retroactive review, the decision fails to apply the applicable law as set forth in paragraph I(a) of this Appeal. Additionally, the action appears capricious on its face, as the Planning Department directed the Appellant to hold the event without application for the Special Use Permit, or any permit for that matter, prior to the event. This action fails to take into consideration all of the circumstances surrounding the event, the applicable State and County law, as well as fails to take into account the direction of Director’s own staff, for which he is solely responsible for all accountability and training thereof. Furthermore, the clear lack of accounting of all circumstances in Former Director Kern’s and Interim Director Darrow’s determinations to find a violation took place is also an unequivocal showing of an unwarranted action. By its own admission, throughout the months Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 leading up to the Director’s initial decision, and the months since the decision was made, there is a clear confusion and lack of understanding of the applicable law upon which the Director relies. Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 EXHIBIT “C” Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 Docusign Envelope ID: 2F829B05-1829-41DA-8A41-599BF196C6A0 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: November 29, 2024 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL -SPP -2024-000075) Applicant: Teppy Mountain LLC Request: To Allow the Operation of an Annual, Festival Event with Overnight Camping for up to 500 Attendees and to Legitimize the Storage of up to Six Work Trucks for Commercial Use TMK: 2-7-007:001 por. We have reviewed the subject request and provide the following comments: 1. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. We have no other comments since the request takes access from a privately owned road and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. County of Hawaii is an Equal Opportunity Provider and Employer Mitchell D. Roth r o;,,`, .. Benjamin T. Moszkowicz Mayor 1,Nei Police Chief fir.1 ._MO.. Reed K. Mahuna Deptur Pul,ce('iut'! County of Hawai' i POLICE DEPARTMENT 349 Kapi'olani Street • I lilo.I Iawai'i 96720-3998 808)935-331I • Fax(808)961-2389 November 7, 2024 COH PLANNING DEFT NOV 13 2024 AM 1 O:L8 TO JE FREY W. D RR UTY PLANNING DIRECTOFWD HAND DELIVERE: FROM A. .ASSISTANT POLICE CHIEF, AREA I PERATIONS B AU SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2024-000075) APPLICANT: TEPPY MOUNTAIN LLC REQUEST: TO ALLOW THE OPERATION OF AN ANNUAL, FESTIVAL EVENT WITH OVERNIGHT CAMPING FOR UP TO 500 ATTENDEES AND TO LEGITIMIZE THE STORAGE OF UP TO SIX WORK TRUCKS FOR COMMERCIAL USE TAX MAP KEY: (3) 2-7-007:001 (POR.) PAPAIKOU, SOUTH HILO, HAWAII Staff, upon reviewing the provided documents, has concerns and objects to this request without the proper approval and permitting from the appropriate agencies involved due to the event activities described. Thank you for allowing us the opportunity to comment. If you have any questions, please contact our South Hilo District Commander, Captain Brian Prudencio, at (808) 961-2316 or via email at Brian.Prudencio@hawaiicounty.gov. BP:ws/24HQ1048 I Iawai'i County is an Equal Opportunity.Provider and Employer" JOSH GREEN, M.D. GOVERNOR OF HAWAII KE KIA'AINA 0 KA MOKU'AINA 0 HAWAI'I MEMORANDUM DATE: November 15, 2024 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief KENNETH S. FINK, M.D, MGA, MPH DIRECTOR OF HEALTH KA LUNA HO'OKELE SUBJECT: Special Permit Application (PL -SPP -2024-000075) Applicant: Teppy Mountain LLC Request: To Allow the Operation of an Annual, Festival Event with Overnight Camping for up to 500 Attendees and to Legitimize the Storage of up to Six Work Trucks for Commercial Use Tax Map Key: (3) 2-7-007:001 (por.); Papa`ikou, South Hilo, Hawai`i In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments" regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Zendo Kern November 15, 2024 Page 2 of 4 Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard -comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Zendo Kern November 15, 2024 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH -permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program — The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation / Local DOH Comments: 1. According to HAR § 11-26-35, No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. Zendo Kern November 15, 2024 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. LAND USE CO Kor,a"krna o'ohcrna M M Iss ON DEPARTMENT_ OF BUSONESS, ECONOM (. DEVELOPMENT_ & TOUR SMI krr '011)(mo Ilo'r_rrrioholo Po'oilrrrno, 'Irrii 1k/ori woi rr Ilo'rrrrirrkrnkrr'i JOSH GREEN, MID. GOVERNOR SYLVIA LUKE LT.. GOVERNOR IDANIIIEL OROIDIENKER LUC EXECUTIVE OFFICER rE l i u i `>L'rEa l f'tM A(l(), I1(Dr)( lulu, I1,mr,l1'I U()1 L."3 M;u11rv, cici Esr, 4'' (r 13E»( J."3 ,U, I Ir>r)OUu, l larrr,,:.di'1 9E"r804 1 irr;,:.:111 AciciiEss E11x E11 luE vvE l:lwlnivvall A;r>v November 12, 2024 County of Hawaii"i Harming Department 101 Paualhii Street, Suite 3 Hiilla, Hawaii"ii 96720 pIlaununliunq(WhawacouuunLy.gcv E IE 1aPx;ix (808) .587-3822 808) .587-3827 VVEAIrnit, SUBJECT: Comments on Special Permit AppIliicatiioim PL -SPP -2624-000075 for Teppy Mountain LLC (Fans on Fire) on TMK: (3) 2-7-007:001 (pair.) Dear Christian Kay: Thank you for providing the Land Use Commission ("LUC or Commission") with the Special Permit AppIliicatiioim PL -SPP -2624-000075 for Teppy Mountain LLC (Fans on Fire Event) on TMK: (3) 2-7-007:001 (pair.). The application its requesting a Special Permit to host an annual four (4) — day event with overnight camping on a portion of the property, and to allow vehiiclle storage on the property for up to six (6) trucks. LUC staff has reviewed the application and provides the following comments:: Hawarii Revised Statute ("HRS") §265.-4.5 irellatiiimg to peirmmiissiilblle uses within the agiriiculltuirall districts, specifically, §265.-4.5(a)(6) which states that overnight camps are not a peirmmiissiilblle use in the Agiriiculltuirall District. Further, pursuant to Ho`ommoaima IFouimdatiioim v. Land Use Commission (GAAP. -17.- 0000173 GAAP• -17-0000181), The Hawaii"ii Supreme Court Ihelld that uses expresslly not peirmmiissiilblle in the state agiriiculltuirall district need to be addressed in a district boundary amendment proceeding, rather than through special permits. Pursuant to Hawaiil Revised Statutes §265.-12 and irellevaimt court cases, the County of Hawaiil Harming Department has the authority to enforce HRS §265.-4.5. Slhoulld you have any questions, pease contact our office, at (808) 587-3822 or via emmaiiII atbedLllucwelh.(WIhawelili.c,,, ov Special Permit AppIliicetiioin PL -SPP -2024-000075 November 12, 2024 Page 2 Siiinceirelly, I eimiiell Orodenker Executive Officer Land Use Commission State of Heweiil 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com January 9, 2025 Mr. Jeffrey Darrow Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Christian Kay Response to Comments and Additional Information Regarding Special Permit Application (PL-SPP-2024-000075) Applicant: Teppy Mountain LLC Agent: Land Planning Hawaii LLC Pāpaʻikou, South Hilo, Hawaii TMK: (3) 2-7-007:001 (por)____________ This letter is intended to address questions/concerns expressed by the Planning Department as well as comments received from other agencies with regard to the subject application. This application requests a Special Permit to host an annual four (4) – day event with overnight camping on a portion of the subject property. The application also requests approval to store up to six work vehicles on the property as well. The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i. In response to a November 7, 2024 memo sent from the County of Hawaiʻi Police Department, the applicant will not hold the proposed event until proper approvals and permits are issued. The applicant is currently going through the Special Permit process in order to obtain the necessary approvals. Additionally, prior to the annual event, the applicant will notify the Planning Department, the Police Department and the Fire Department of the proposed event dates, anticipated number of attendees and anticipated number of vehicles. The applicant will also review his event security plans with the Police Department prior to each event. Currently, the security plans involve having approximately 4-10 “rangers” on site, depending on how many attendees are anticipated. The rangers are individuals trained to watch out for and de-escalate conflicts. The rangers will call the appropriate authorities should a situation arise which cannot be safely resolved. All parking will be on-site and no attendees will be permitted to park along the roadway. The applicant will also notify his immediate neighbors and all landowners along Indian Tree Road prior to the event via email. Should any complaints be received from neighbors during the event, the applicant will be available to hear those complaints and will immediately address all reasonable complaints. Any attendees found to be disorderly or disruptive will be ordered to leave the event and will not be permitted back to the event in subsequent years. Comments received from the State of Hawaiʻi Land Use Commission dated November 12, 2024, and the State of Hawaiʻi Office of Planning and Sustainable Development (OPSD) dated November 26, 2024 note that Hawaiʻi Revised Statutes Section 205-4.5(a)(6) states that overnight camps are not a permissible use in the Agricultural District. However, it is noted that this statute pertains only to lands within the agricultural district with soil classified by the land study bureau’s overall productivity rating scale as class A or B. Since the subject property contains only soils classified as C, D or E, this statute does not apply. Thus, overnight camping is not expressly not permissible on the subject property and a district boundary amendment should not be required in order for the County to issue the Special Permit. The OPSD also suggests limiting the requested camping event to an annual event. It is noted that the applicant only wishes to hold one event annually. As noted in the background report submitted with the application, the applicant had originally planned to hold the event annually in November. However, the applicant would like to reserve the opportunity to hold the event during other months of year under the strict condition that no more than one (1) event may be held within any calendar year. With regard to the offering of food during the event. Attendees will be responsible for bringing their own provisions and camping supplies. Many attendees choose to bring extra food supplies to share with the other campers. In the spirit of inclusion and gifting, any such food items are freely shared and are not for distribution at retail or wholesale to the public. Thus, such sharing of food is not considered a food establishment as defined and regulated by the Department of Health under Chapter 11-50. As the event will only be held annually, if determined necessary, the applicant will pursue a special event food permit as needed prior to the event. We trust that everything is in order for your acceptance and processing of this additional information. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator From:Lichun Huang To:WPCtestimony Subject:Written Testimony oppose application TEPPY MOUNTAIN, LLC (PL-SPP-2024-000075) Date:Saturday, January 18, 2025 2:25:02 PM Written Testimony PL-SPP-2024-000075 Position: oppose Who We Are: We are a husband-and-wife team operating Pinapinao Farm, LLC, a small, diversified fruitfarm. Our farm is a proud recipient of the 2024 GoFarm Hawaii American AgCredit Matching Grant and the NRCS EQIP. Our Location:Our farm and residence are located between the subject property and Hawaii Belt Road. Theproposed "camping" and "vehicle storage" activities would utilize a private easement thatbisects our property (0.26 miles of a 0.7-mile stretch) as the sole access to Hawaii Belt Road. The Situation:Our farmable land is a narrow 10-acre strip flanked by gulches and bisected by the easement road. This road serves as the primary access to our orchards, pasture, and barn and is essentialfor transporting inputs and harvests. As a private road, it lacks police oversight, a maintenance agreement, or HOA management.While we, the servient property owners, maintain the road with limited farm equipment, dominant easement users—including those running non-farm businesses—enjoy free roadservices. We have experienced theft, trespassing, vandalism, bullying, and numerous near- miss incidents threatening our safety. The approximately 12-foot-wide pavement has eroded atthe edges and along shallow ditches. Contrary to the applicant's claim of "a few potholes," the road's condition is severely degraded. Negative Impact:The proposed "camping" event and semi-truck "storage" activities pose serious risks to ourfarm, residence, and the surrounding community: 1. Safety and Security Risks: Increased traffic, reckless driving, and lack of oversight jeopardize road safety. 2. Environmental Harm: Similar unpermitted activities have already caused soil erosion, pollution, and damage to roadside vegetation. 3. Farm Disruption: Heavy vehicle traffic and camping events overlap with our peak cacao harvest season, creating logistical challenges and exposing our crops to damage. Specific Concerns A. Camping Event:We oppose the applicant's camping event, marketed as "Falls On Fire," due to itsenvironmental, safety, and community impacts: 1. Misleading and Incomplete Information: The event is promoted as a "Burning Man"-style gathering emphasizing "radical self- expression," which raises concerns about illegal activities like drug use and unruly behavior. 2. Irresponsible Behavior: Despite a county cease-and-desist letter, the applicant held the 2024 event without a permit. 3. Inadequate Infrastructure: Indian Tree Road is a 12-foot-wide private driveway lacking maintenance agreements, police oversight, and capacity for heavy traffic. (Easement users already complain about existing traffic without additional trucks/events.) The intersection with Hawaii Belt Road, in a 55-mph zone, poses significant accident risks. 4. Environmental Impact: Burning activities release unknown chemicals into the air. Campfires generate smoke that travels downhill and lingers in our valley, creating health and safety hazards. The area is surrounded by potential fire fuel, including eucalyptus and guinea grass, posing extreme danger under favorable weather conditions. 5. Safety and Security Risks: The event invites the public without background checks, exposing residents to potential criminal activity. The servient property owners and the county would bear the burden of managing safety for attendees. B. Gravel Truck "Storage":The proposed "storage" is misleading, as the semi-trucks would remain operational. Therancher operates "Indian Tree Ranch and Rental LLC," effectively requesting permission torun a heavy equipment rental business in an agricultural zone, violating zoning regulations. 1. Previous Zoning Violations: The rancher has previously been cited for using the ranch to operate heavy equipment rentals (Warning letter ZCV 2021- 015E). 2. Road Damage: Heavy trucks have already caused significant road damage, including unauthorized removal of speed bumps near our residence by the rancher and worsening drainage issues. No dominant easement users, particularly the heaviest user, the applicant or rancher, contributed to the proper repair of the road. 3. Air Pollution: Diesel trucks emit toxic chemicals that harm our health, pollute crops, and degrade air quality. The rancher's truck is particularly polluting (Picture below) showing “Indian Tree Ranch and Rental” does not take care of its fleet of vehicles despite multiple communication channels (through the applicant landowner, neighbor and police). 4. Unfair Advantage: Operating a rental business in an ag zone exploits subsidies and tax benefits intended for farmers, undermining competitors who comply with industrial zoning requirements. Incorrect reference for easement grant The easement grant attached to the application references Easement 6, which lies entirely north of Kawainui. Therefore, the application is inaccurate and incomplete in the accessinformation. Conclusion:We oppose this application in its current form. The information is incomplete and misleading.The proposed activities jeopardize our safety, disrupt farming operations, and conflict with thecounty's agricultural priorities, particularly given Hawaii's food insecurity and environmentalchallenges. Security camera next to our cacao processing building captured an image of heavy exhaust emission on our farm by a truck used by “Indian Tree Ranch and Rental.” This is one of the documented events out of 177 (dark smoke thick enough to obscure visibility behind the truck) in the past year alone. The black soot contaminates the food we produce and jeopardizes our health. Sincerely, Lichun Huang Pinapinao Farm LLC 27-380 Indian Tree RoadPapaikou, HI 96781