HomeMy WebLinkAboutAmended Background Report (PL- SPP-2024-000062) Luitel-1-
AmendedBLuitelSPP.2.24.2025
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
AMENDED BACKGROUND REPORT
TIRTHA LUITEL
SPECIAL PERMIT APPLICATION (PL-SPP-2024-000062)
TIRTHA LUITEL is requesting a Special Permit to allow the development and operation of a
29-stall commercial parking lot on an approximately 12,700-square foot portion of a larger
98.2850-acre parcel in the State Land Use Agricultural District. The subject property is situated
directly makai of ʻAkaka Falls State Park on the south side of ʻAkaka Falls Road, Honomū
Homesteads, South Hilo, Hawaiʻi, TMK: (3) 2-8-010:014 (por.).
APPLICANTS’ REQUEST
1. Request: The applicant is requesting a Special Permit to operate a commercial parking lot
for visitors to ʻAkaka Falls State Park. The original request was for an 18,000-square foot
permit area to accommodate a 49-stall parking lot. However, the applicant has
subsequently downsized the request to a proposed 12,700-square foot permit area to
accommodate a 29-stall parking lot, including an existing approximately 11,200-square
foot concrete pad and a proposed 8-foot-wide pedestrian path. An automatic gate system is
proposed for vehicular access and the applicant will provide a pedestrian gate for visitors
to access ʻAkaka Falls State Park.
2. Reason for Request: According to the applicant, the existing parking lot at ʻAkaka Falls
State Park is insufficient to handle the daily vehicular traffic of visitors, resulting in
congestion and hazardous conditions due to overflow parking along ʻAkaka Falls Road.
The applicant proposes to utilize an existing concrete area on the subject property for paid
parking to alleviate the problem of roadside parking and pedestrian hazards.
3. Staffing/Employees: The parking lot will be operated by the applicant and an attendant,
who will be present to manage the parking lot.
4. Hours of Operation: The parking lot is proposed to be operated 7 days a week from 8:00
AM to 7:00 PM.
5. Project Timetable and Cost: The applicant anticipates completing construction within 6
months, at an estimated cost of between $400,000 to $500,000.
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6. Landowners: Tirtha Raj Luitel, Danta Maya Luitel, Bhim Prasad Dhakal & Rishi
Punnakhar Dhakal.
7. Supportive Information: A Special Permit is required to establish a commercial parking
lot in the State Land Use Agricultural District. The applicant has submitted the attached in
support of the request. (Planning Department Exhibit 1 – Additional Information dated
February 24, 2025 and Planning Department Exhibit 2 – Special Permit Application
dated January 11, 2024)
BACKGROUND INFORMATION
8. Agricultural-Based Commercial Operation (ABCO): The Planning Department issued
an ABCO certification on August 25, 2020, to allow one State of Hawaiʻi licensed retail
food establishment on the subject property. The ABCO certification approved two mobile
food service trailers structurally connected by a covered platform deck under one state
restaurant license on the portion of the property fronting ʻAkaka Falls Road and that 20
acres of the property would be used for productive agriculture including fruit, vegetable,
herb and root crops. The Planning Department is in the process of rescinding this
certification as the agriculture and the operation has not been established as of the date of
this report. (Planning Department Exhibit 3 – Agricultural-Based Commercial
Operation Certification dated August 25, 2020)
STATE & COUNTY PLANS
9. State Land Use District: Agricultural.
10. General Plan Land Use Pattern Allocation (LUPAG) Map: The General Plan LUPAG
map classifies the subject property as Important Agricultural Land (ial) which refers to land
that has better potential for sustained high agricultural yields because of soil type, climate,
topography, or other factors.
11. County Zoning: Agricultural-20 acres (A-10a).
12. Hāmākua Community Development Plan (CDP): The Hāmākua CDP, adopted by the
Hawai‘i County Council via Ordinance 2018-078 in August 2018, designates the subject
property as important agricultural land.
13. Special Management Area (SMA): The property is not within the County’s Special
Management Area and is located approximately 3 miles mauka of the nearest shoreline.
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DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
14. Subject Property and Permit Area: The subject 98.2850-acre property is improved with
an approximately 11,200 square-foot concrete pad, located adjacent to the northeast
property line and ʻAkaka Falls Road. Additionally, an existing 4-foot-tall fence on top of
retaining walls is located along the north, east and south property lines and an existing
water catchment tank is located near the south property line. There are no existing
structures on the remainder of the property.
15. Surrounding Zoning/Land Uses: Properties surrounding the subject property to the north
and west are zoned Forest Reserve, while properties to the south are zoned Agricultural-20
acres (A-20a). The 464-acre property immediately to the east is zoned Family-Agricultural-
1 acre (FA-1a) and is owned by the Department of Hawaiian Home Lands. Uses on
surrounding properties consist of agriculture, single-family residential dwellings, and
vacant, undeveloped lands. The closest residence to the proposed permit area is located
approximately 0.25 miles to the south. ʻAkaka Falls State Park is located on property just
north of the subject property on lands zoned Forest Reserve and designated as Conservation
by the State. The State Park is open from 8:30 AM to 5:00 PM.
16. U.S.D.A. Soil Type: Kaiwiki hydrous silty clay loam, with 0 to 10 percent slopes. This
soil type is well drained, has a medium runoff class, and is considered prime farmland.
17. Land Study Bureau’s Detailed Land Classification System: Soils within the permit
area are classified as “C” or “Fair” for agricultural productivity with the remainder of the
property classified as “D” or “Poor”.
18. Agricultural Lands of Importance to the State of Hawai’i (ALISH): The permit area
is located on a portion of the subject property classified as “Prime Agricultural Lands,”
with the remainder of the property classified as “Other” or “Unclassified.”
19. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone “X,” (Area
of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system.
20. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application.
According to the applicant, vegetation on the subject property consists of areca palm,
albizia, coconut palm, ti, hapu’u, octopus tree, swiss cheese plant, guinea grass, gunpowder
tree and African tulip tree. In addition, animal species present include dove, Japanese
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White-eye, house finch and myna as well as domestic animals such as cats, dogs, goats,
chickens and feral animals such as rats and pigs. The applicant states that there is a
possibility that endangered or threatened species such as the Hawaiian Hawk and Hawaiian
Hoary Bat are present on or near the subject property. As such, the applicant notes that
mitigation measures will be followed and, if necessary, consultation will occur with the
Department of Land and Natural Resources -Division of Forestry and Wildlife (DOFAW).
21. Archaeological/Cultural/Historical Resources: No archaeological and cultural study
was conducted as the permit area has been previously impacted by ground-disturbing
activities associated with construction of the concrete pad, retaining wall and fences. The
subject site is not adjacent and/or proximate to the shoreline, therefore gathering of marine
life and coastal access for Native Hawaiian gathering and fishing rights is not an issue. The
applicant states that that it is not known whether the permit area or immediate surrounding
area was ever used for traditional and customary rights by native Hawaiians.
22. Public Access: According to the applicant, there is no designated public access to the
mountains or the shoreline that runs through the property.
PUBLIC UTILITIES AND SERVICES
23. Access/Parking/Traffic: Access to the subject property is from ʻAkaka Falls Road, a
State-owned and maintained roadway with an approximately 30-foot-wide pavement. The
applicant proposes to use an existing paved driveway, located approximately 200 feet south
of the ʻAkaka Falls State Park parking lot, for access to the permit area. Additionally, the
applicant will construct a gate to limit access to paying customers. According to the Hawaii
Department of Transportation (HDOT), access driveway connection to ʻAkaka Falls Road
(State Route 220) must meet all applicable engineering criteria set forth by the HDOT,
Hawaiʻi District, including design standards, sight distance requirements, and all necessary
permits prior to any construction work. The applicant notes that existing traffic conditions
may improve by providing a safer alternative to overflow parking that currently congests
ʻAkaka Falls Road.
24. Water: The subject property is not served by the existing county water system, however,
the applicant indicated that water is not necessary for the proposed parking lot use.
25. Wastewater: The subject property is not served by the existing county sewer system; thus,
the applicant shall follow Department of Health (DOH) regulations for wastewater.
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26. Solid Waste: According to the Department of Health (DOH), solid waste shall be properly
recycled or disposed of at DOH-permitted solid waste facilities.
27. Essential Utilities and Services: Electrical, telephone and internet services are not
currently available to the subject property, however the applicant does not expect to require
use of these utilities. The nearest fire and police stations are located in Hilo, approximately
10 miles from the subject property.
AGENCY COMMENTS
28. State Department of Health: (Planning Department Exhibit 4 – February 2, 2024
Memo).
29. State Department of Transportation: (Planning Department Exhibit 5 – February
16, 2024 Letter).
30. State Office of Planning & Sustainable Development: (Planning Department Exhibit
6 – February 27, 2024 Letter).
31. Department of Finance - Real Property Tax: (Planning Department Exhibit 7 –
January 30, 2024 Memo).
32. Department of Environmental Management: (Planning Department Exhibit 8 –
February 8, 2024 Memo).
33. Department of Public Works – Engineering Division: (Planning Department Exhibit
9 – February 26, 2024).
AGENCIES – NO COMMENTS/NO CONCERNS
34. Police Department, Department of Water Supply.
AGENCIES – NO RESPONSE
35. Land Use Commission, Department of Land and Natural Resources, Department of
Agriculture, Fire Department.
APPLICANT’S RESPONSE TO AGENCY COMMENTS
36. Planning Department Exhibit 10 – Applicant’s October 2, 2024 letter responding to
comments from Department of Land and Natural Resources – Division of State Parks
dated August 1, 2024.
PUBLIC COMMENTS
37. Planning Department Exhibit 11 – Mamolani King Testimony received by the
Planning Department on April 1, 2024.
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38. Planning Department Exhibit 12 – Megan Isaac Testimony received by the Planning
Department on April 3, 2024.
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-M1GTFNFMTNYQYRGRV6W9QF3SMMEAGPGBMV6I0BUEXGU
Tirtha Luitel
(3) 2-8-010:014
75-6111 Kaanee Place, Kailua-Kona, HI 96743
808-933-8570 luitel1969@gmail.com
To operate a parking lot
A-20a
98.285 acres 0.4 acres
Tirtha Raj Luitel, Danta Maya Luitel, Bhim Prasad Dhakal & Rishi Punnakhar Dhakal
Land Planning Hawaii LLC
194 Wiwoole St, Hilo, HI 96720
808-333-3393 info@landplanninghawaii.com
Agent Applicant
.ER
478
.ER 478
.ER
478
.ER 478
.ER 478
COUNTY BACKGROUND AND ENVIRONMENTAL REPORT
COUNTY SPECIAL PERMIT REQUEST
TIRTHA LUITEL
HONOMŪ, SOUTH HILO, COUNTY OF HAWAI‘I
TMK (3) 2-8-010: 014 LOT B
2
TABLE OF CONTENTS
I. INTRODUCTION ............................................................................................................ 4
II. PROJECT DESCRIPTION ............................................................................................. 4
3A. Project Concept and Components ................................................................................... 4
3B. Subject Property Description .......................................................................................... 7
3C. Institutional Considerations ............................................................................................ 7
i. State Land Use ................................................................................................................ 7
ii. Special Management Area ............................................................................................ 13
iii. County Zoning and General Plan .................................................................................. 13
iv. Hāmākua Community Development Plan .................................................................... 16
3D. Surrounding Zoning and Land Uses ............................................................................. 17
3F. Archaeological Resources ............................................................................................. 17
3G. Floral and Faunal Resources ......................................................................................... 17
3H. Valued Cultural Resources ............................................................................................ 19
3I. Public Access ................................................................................................................ 19
3J. Description of Access ................................................................................................... 20
3K. Traffic Impacts .............................................................................................................. 20
3L. Availability of Utilities ................................................................................................. 20
III. REGULATORY ANALYSIS .......................................................................................... 20
4A. Coastal Zone Management ........................................................................................... 20
4B. Impacts to Surrounding Properties ................................................................................ 20
4C. Impacts to Public Agencies ........................................................................................... 21
4D. Unusual Conditions ....................................................................................................... 21
4E. Land Suitability for Permitted Uses .............................................................................. 21
4F. Land Character and Present Use ................................................................................... 21
4G. Relationship to General Plan ........................................................................................ 22
4H. Unusual and Reasonable Use ........................................................................................ 22
3
FIGURES
Figure 1: Location Map ...................................................................................................................5
Figure 2: Site Plan ............................................................................................................................6
Figure 3: LUPAG Map .....................................................................................................................8
Figure 4: Land Study Bureau Map ...................................................................................................9
Figure 5: Agricultural Lands of Importance to the State of Hawai‘i (ALISH) Map .....................10
Figure 6: Lava Hazard Zone Map ................................................................................................. 11
Figure 7: State Land Use Designation Map ..................................................................................12
Figure 8: County Zoning Map ......................................................................................................14
Figure 9: FIRM Map .....................................................................................................................18
EXHIBITS
Exhibit A: Agricultural-Based Commercial Operation (ABCO) Approval Letter from the Hawai‘i
County Planning Department
4
I. INTRODUCTION
Tirtha Luitel (“applicant”) is requesting a Special Permit to operate a paid parking lot for
Akaka Falls State Park visitors on the 98.285-acre subject parcel identified as TMK (3) 2-8-
010: 014 Lot B. The subject property is located at the end of Highway 220 (or Akaka Falls
Road) on the mauka side, approximately 200 feet south of the Akaka Falls State Park parking
lot (Figure 1).
Under the Special Permit request, the applicant intends to operate a forty-nine (49) stall
parking lot for overflow parking from Akaka Falls State Park. An 11,500 square foot concrete
pad is already developed on the property. An additional 5,000 square feet of concrete will be
required to complete the parking lot. The total Special Permit area is proposed to be 18,000
square feet, or 0.4 acres.
The existing parking facility at Akaka Falls State Park is insufficient to handle the daily
vehicular traffic of visitors. This inadequacy has led to overflow parking along Highway 220,
resulting in hazardous conditions and congestion.
On August 25, 2020, the applicant was granted an Agricultural-Based Commercial Operation
(ABCO) for a restaurant on the subject property (Exhibit A). Although a firm timeline for
completion of the restaurant is not known, construction of the restaurant will likely take at
least two years to complete. The purpose of this Special Permit Application is to utilize the
existing concrete area on the subject property, with a small addition, to help alleviate the
problem of roadside parking and pedestrian hazards along Highway 220 at Akaka Falls Park.
II. PROJECT DESCRIPTION
3A. Project Concept and Components
The applicant respectfully requests a Special Permit to operate a forty-nine (49) stall
parking lot, including one (1) ADA stall for visitors of Akaka Falls State Park to help
alleviate the issue of overflow parking on Highway 220. Construction of the permitted
Restaurant will eventually reduce the total number of parking spaces by eight (8). Parking
from that point onward would be shared between restaurant patrons and paid parking for
Akaka Falls visitors. The proposed parking lot would utilize an existing 11,500 square
foot paved area developed on the subject site with an additional 5,000 square feet of
pavement to complete the lot. Users of the parking lot will be directed toward Akaka
Falls Park along the subject property frontage to a pedestrian gate. Refer to Figure 2 for
site plan details.
The parking lot is proposed to operate 7 days per week from 8AM to 7PM. An automatic
vehicular gate system is proposed for access and validation; however, an attendant will be
present to manage the parking lot. Construction of the proposed parking lot is expected to
be complete within six months of securing permissions. The total cost for the entire
parking area is expected to be between $400,000 and $500,000.
Subject Property
Figure 1
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7
3B. Subject Property Description
The subject site, identified as TMK (3) 2-8-010: 014 Lot B, consists of 98.285 acres of
land zoned Agricultural 20-acres (A-20a). The subject property is located at the end of
Highway 220 (or Akaka Falls Road) on the mauka side, approximately 200 feet south of
the Akaka Falls State Park parking lot.
An 11,500 square foot concrete pad is developed adjacent to the northeast property line
and Highway 220. In addition, an existing 4-foot-high fence on top of CRM retaining
wall lies on the north, east, and south borders. Fencing extends west from the north and
south border walls. A water catchment tank is also located near the southern property line.
The Land Use Pattern Allocation Guide (LUPAG) designates this land as Important
Agricultural Land (Figure 3), and the Land Study Bureau (LSB) Overall Productivity
Rating classifies the soil within the special permit area as “C” (fair) and “D” (poor)
(Figure 4).
The U.S. Department of Agricultural Natural Resource Conservation Service (NRCS) has
designated the soil within the special permit area as Kaiwiki hydrous silty clay loam, with
0 to 10 percent slopes (2km42). This soil type is well drained, has a medium runoff class,
and is considered prime farmland. According to the Agricultural Lands of Importance to
the State of Hawai‘i (ALISH), the subject site has both prime agricultural land and other
important agricultural land (Figure 5). Vegetable farming occurs on portions of the rest
of the property.
The subject property lies within Lava Zone 8, on a scale ranging from 9 to 1 (least
hazardous to most) (Figure 6). The site is approximately 3 miles from the coastline and is
not within the Conservation District or Special Management Area.
Vegetation in the area consists of areca palm (Dypsis lutescens), albizia (Falcataria
Moluccana), coconut palm (Cocos nucifera), ti (Cordyline fruticosa), hapu‘u (Cibotium
menziesii), octopus tree (Schefflera actinophylla), swiss cheese plant (Monstera
deliciosa), guinea grass (Megathyrsus maximus), gunpowder tree (Trema orientale), and
African tulip tree (Spathodea campanulata).
The Special Permit area will encompass approximately 18,000 square feet, or 0.4 acres
including the parking lot and access driveway.
3C. Institutional Considerations
i. State Land Use
The subject site is designated State Land Use Agricultural (Figure 7), and the Special
Permit area consists of 18,000 square feet. As such, no State Land Use Commission
action is required. The County of Hawai‘i can process the Special Permit request.
Land Use Pattern Allocation Guide Map TMK (3) 2-8-010: 014 Lot B
Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census
Bureau, USDA, Esri, NASA, NGA, USGS, County of Hawaii IT
Department
Land Use Pattern Allocation Guide (LUPAG)
Conservation
Important Ag. Lands
Parcels (current boundary lines)
Street Centerlines
Hawaii County District Boundary
11/11/2023, 1:02:09 PM
0 0.4 0.80.2 mi
0 0.65 1.30.33 km
1:18,056
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 Property
Figure 3
Land Study Bureau (LSB) Overall Productivity Map TMK (3) 2-8-010: 014 Lot B
Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census
Bureau, USDA, Esri, NASA, NGA, USGS, County of Hawaii IT
Department
Land Study Bureau Soil Type (LSB)
C
D
E
Parcels (current boundary lines)
Street Centerlines
Hawaii County District Boundary
11/11/2023, 1:05:36 PM
0 0.4 0.80.2 mi
0 0.65 1.30.33 km
1:18,056
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 Property
Figure 4
Agricultural Lands of Importance to the State of Hawaii (ALISH) TMK (3) 2-8-010: 014 Lot B
Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census
Bureau, USDA, Esri, NASA, NGA, USGS, County of Hawaii IT
Department
Agricultural Lands of Importance to the State of Hawaii (ALISH)
1
3
Parcels (current boundary lines)
Street Centerlines
Hawaii County District Boundary
11/11/2023, 1:04:20 PM
0 0.4 0.80.2 mi
0 0.65 1.30.33 km
1:18,056
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 Property
Figure 5
Volcanic Hazards Map TMK (3) 2-8-010: 014 Lot B
Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census
Bureau, USDA, Esri, NASA, NGA, USGS, County of Hawaii IT
Department
Volcano Hazard Zones
8
Parcels (current boundary lines)
Street Centerlines
Hawaii County District Boundary
11/11/2023, 1:07:42 PM
0 0.4 0.80.2 mi
0 0.65 1.30.33 km
1:18,056
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 Property
Figure 6
State Land Use Map TMK (3) 2-8-010: 014 Lot B
Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, EPA, US Census
Bureau, USDA, Esri, NASA, NGA, USGS, County of Hawaii IT
Department
State Land Use Classifications (SLU)
Agricultural
Conservation
Parcels (current boundary lines)
Street Centerlines
Hawaii County District Boundary
11/11/2023, 1:06:35 PM
0 0.4 0.80.2 mi
0 0.65 1.30.33 km
1:18,056
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 Property
Figure 7
13
In recognizing that lands within 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 Chapter 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.
ii. Special Management Area
The subject property is approximately 3 miles inland from the coast and is outside of
the Special Management Area.
iii. County Zoning and General Plan
The subject property is zoned A-20a (Figure 8). The County General Plan LUPAG map
designates the parcel as Important Agricultural Lands. Relative to this designation, the
General Plan allows consideration for a “Special Permit” on agricultural land where the
requested use meets certain criteria as outlined in Section 4 of the permit application 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. It provides direction for balanced growth in the County. The proposed action will
retain the essential character of the land and will be consistent with the surrounding area
and with the goals, policies, and standards of the General Plan document.
The proposed parking lot would support the economy through the purchase of
construction materials and labor from on-island suppliers. This will stimulate and support
the general economic stability and development of Hawai‘i Island by allowing for local
businesses to thrive and gain income from the proposed project. In the long-term,
establishing a paid parking lot will provide the applicant the opportunity to provide a
valuable service to the public, while supporting the operation of an essential State Park in
the area. The addition of a safe parking lot will enhance the visitor experience of Akaka
Falls.
The project would not provide adverse effects on the environment or the natural
resources of the region. The General Plan identifies five (5) areas of environmental
concerns – air pollution, water quality, soil pollution, solid waste disposal, and noise
pollution. As proposed, the project would not be contrary to any of these objectives.
The project will not require the use of power and thus will be energy efficient.
The proposed action will have minimal impact on air pollution levels. There may be a
modest increase in vehicular emissions during the laying of concrete for the parking lot,
with exhaust and dust as the main sources of short-term air pollutants.
Hawaii County Zoning Map TMK (3) 2-8-010: 014 Lot B
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Department
Hawaii County Zoning
(road)
A-10a
A-20a
FA-1a
FR
Parcels (current boundary lines)
Street Centerlines
Hawaii County District Boundary
11/11/2023, 1:03:22 PM
0 0.4 0.80.2 mi
0 0.65 1.30.33 km
1:18,056
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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 Property
Figure 8
15
Rules and regulations outlined in Hawai‘i Administrative Rules Chapter 59 “Ambient Air
Quality,” and Chapter 60.1 “Air Pollution,” will be followed during all construction and
operation activities. HAR §11-60 on Fugitive Dust prohibits visible emissions of dust
from construction activities. These regulations will be strictly followed to prevent dust
impacts to Highway 220. In addition, reasonable measures to control airborne and visible
fugitive dust from road areas are outlined by the Department of Health’s Clean Air
Branch. These measures include, but are not limited to:
• Focusing on minimizing the amount of airborne, visible fugitive dust-generating
materials and activities, centralizing on-site vehicular traffic routes, and locating
potential dust-generating equipment in areas of the least impact.
• Providing adequate water sources at the site prior to start-up of construction
activities.
• Minimizing airborne, visible fugitive dust from shoulders, and access roads.
• Providing reasonable dust control measures during weekends, after hours, and prior
to daily start-up of construction activities.
Long term traffic generation, and thus vehicular emissions, will be limited to forty-nine
(49) vehicles during operating hours. The project’s sole purpose is to create parking
spaces for vehicles already destined for Akaka Falls State Park, which currently park in
undesignated spots along Highway 220. Vehicular trips are expected to stay the same as
they exist today. The project is therefore not expected to increase emissions or noise in
the area during operation.
No impacts are anticipated to water quality. The special permit area is already cleared
and graded. A 11,500 square foot paved area already exists on site. The project proposes
to add approximately 5,000 square feet of pavement to complete the lot. Construction
Best Management Practices (BMPs) will prevent impacts from stormwater runoff. No
impacts are expected to the Akaka Falls waterway located north of the subject site.
In addition, the low-impact and small-scale nature of the request will not impact soil
quality on site.
No significant visual impacts are expected to occur as the parking lot is low-lying in
nature. In fact, visual impacts may improve since organized parking spaces will be
provided off Highway 220.
No hazardous materials will be required for this project. A 5,000 square foot concrete
pad is the only proposed development.
With regards to flooding, The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate map (FIRM) identifies the parcel as Flood Zone “X” (areas outside of the
500-year flood).
With regards to historic sites, although no commissioned archaeological survey of the
site was conducted, it is highly unlikely that any historic sites would be found in the
special permit area of the property. This area has been previously cleared, graded, and
16
partially paved with concrete. However, in the event any archaeological or historical
features are found, all activities will stop within the affected area and appropriate
clearances from the State DLNR-SHPD and County Planning Department will be secured
before work resumes.
The General Plan also emphasizes that developments be mindful of an area's natural
beauty. The parcel is located roughly 3 miles from the coast and has no access to
mountainous regions. The project will have no impact to Akaka Falls State Park.
Coastal resources and access will not be impacted since the subject property is not
adjacent to the shoreline.
The proposed parking lot would offer paid parking spaces to members of the public for
use when visiting Akaka Falls State Park, which aligns with the goal of providing public
facilities that effectively service community needs, while remaining in keeping with the
environmental and aesthetic concerns of the area.
Given the above, the project specifically fulfills the following pertinent land use goals,
policies, and standards of the General Plan:
• 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.
• Encourage urban development within existing zoned areas already served by basic
infrastructure, or close to such areas, instead of scattered development.
The proposed project is the most desirable use of land, with an immediate need to
improve the safety conditions on Highway 220. The parking lot will be consistent with
the character of the surrounding area and will not result in an intensity of land use that is
no higher than what is permitted by the existing zoning. In view of the foregoing goals
and policies, it is noted that the requested Special Use Permit would not be contrary to
the County General Plan.
iv. Hāmākua Community Development Plan
Community Development Plans are designed to translate and implement the goals,
policies, and standards of the General Plan as they apply to specific communities and
districts. Additionally, they serve as important framework for a community’s intended
outcome and vision and are often used as forum for community input of land-use,
availability of public resources, and overall development. The proposed project aligns
with the following objectives of the Hāmākua Community Development Plan (HCDP).
17
1.7.1 Community Objective
Objective 2: Protect and restore viable agricultural lands and resources. Protect
and enhance viewscapes and open spaces that exemplify Hāmākua’s rural
character.
Discussion: The proposed parking lot will not alter the essential character of the
land or impede on the agricultural potential of the property. The project is small-
scale and will have a very low impact on the area. Viewscapes may improve under
the request as it will increase organized and consolidated parking, thereby
reducing the congestion of both moving and parked vehicles along Highway 220.
3D. Surrounding Zoning and Land Uses
The subject property is zoned A-20a. Properties to the South and East are also zoned A-
20a. Forest Reserve (FR) and A-10a lie to the north. The parcel on the makai side of
Highway 220 is zoned FA-1a. All properties in the area are therefore agricultural in
nature, aside from Akaka Falls State Park, which is Conservation land.
3E. Flood Insurance Rate Map
The Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map
(FIRM) designates the subject property to be in Flood Zone X (areas outside of the 500-
year floodplain) (Figure 9). The applicants have not experienced any drainage or
flooding issues on site.
3F. Archaeological Resources
The applicant does not believe any archaeological resources will be encountered on the
subject property since the Special Permit area has been previously cleared, graded, and
partially paved with concrete. However, in the event any inadvertent discoveries are
made during any land disturbance activity relating to this project, work will cease, and
the applicant will immediately notify the Planning Department and State Historic
Preservation Division to secure their clearances before proceeding further.
3G. Floral and Faunal Resources
No professional survey of the flora and fauna was done on the property; however, the
applicant does not believe that rare or endangered floral or faunal resources are likely to
be found on site.
Vegetation in the area generally consists of areca palm (Dypsis lutescens), albizia
(Falcataria Moluccana), coconut palm (Cocos nucifera), ti (Cordyline fruticosa), hapu‘u
(Cibotium menziesii), octopus tree (Schefflera actinophylla), swiss cheese plant
(Monstera deliciosa), guinea grass (Megathyrsus maximus), gunpowder tree (Trema
orientale), and African tulip tree (Spathodea campanulata).
Flood Hazard Zone Map TMK (3) 2-8-010: 014 Lot B
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Department
National Flood Hazard Layer Flood Zones
D
X
Parcels (current boundary lines)
Street Centerlines
Hawaii County District Boundary
11/11/2023, 1:22:56 PM
0 0.4 0.80.2 mi
0 0.65 1.30.33 km
1:18,056
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Subject Property
Figure 9
19
Introduced bird species such as dove, Japanese white-eye, house finch, and myna are all
common in the area. Domestic animals such as cats, dogs, chickens, goats, and other
animals such as feral rats and pigs are also common and not considered endangered.
It is also possible for the endangered Hawaiian Hoary Bat (Lasiurus cinereus semotus),
and the formerly endangered Hawaiian Hawk (Buteo solitarius) to fly over, roost or
utilize resources near the property. The potential presence of native endangered birds in
the area means the applicant will commit to mitigating measures if necessary. Hoary bats
may be sensitive to disturbance between June 1st and September 15th, throughout which
no shrubs or trees taller than 15 feet may be disturbed or removed. If this cannot be
avoided, woody plants greater than 15 feet (4.6 meters) tall should not be disturbed,
removed, or trimmed without consulting the DLNR Division of Forestry and Wildlife
(DOFAW). The State listed Hawaiian Hawk, or ‘Io (Buteo solitarius) is also known to
occur in the project vicinity. If any tree cutting occurs between March and September,
DOFAW must be consulted first.
The movement of plant or soil material between worksites, such as fill, must be
minimized. Soil and plant material may contain invasive fungal pathogens such as Rapid
‘Ōhi‘a Death (ROD), vertebrate and invertebrate pests such as Little Fire Ants
(Wasmannia auropunctata), or invasive plant parts that could harm native species and
ecosystems. All equipment, materials, and personnel should be cleaned of excess soil.
Gear that may contain soil, such as work boots and vehicles, should be thoroughly
cleaned, and sprayed with 70% alcohol solution to prevent the spread of ROD and other
harmful fungal pathogens. If any material removed from the site is moved to areas
without fire ants or ROD, the material will be inspected and treated if necessary.
3H. Valued Cultural Resources
In view of the Hawai‘i Supreme Court’s “PASH” and “Ka Pa‘akai O Ka ‘Aina”
decisions, the issue relative to native Hawaiian gathering and fishing rights must be
addressed. Specifically, there must be a discussion of the cultural, historical, and natural
resources and associated traditional and customary practices of this site.
No known archaeological sites, historical, or cultural resources are known to be located
on the property. It is not known whether the subject site or immediate area was ever used
for traditional and customary rights by native Hawaiians. Given that the special permit
area has already been cleared, graded, and partially paved with concrete, it would appear
very unlikely that the site would serve such a purpose today and/or in the recent past.
Thus, the project does not appear to present any cultural impacts. However, in the event
documented claims of gathering or access are made of this site the applicant will honor
them.
3I. Public Access
The subject parcel is not adjacent to or near any shoreline or mountainous areas, therefore
public access will not be impacted by the request.
20
3J. Description of Access
Access to the subject property is off State Highway 220 approximately 200 feet south
from the Akaka Falls State Park parking lot via an existing driveway, which leads to the
existing concrete pad. A gate will be constructed to limit access to paying customers.
3K. Traffic Impacts
The proposed parking lot would allow forty-nine (49) vehicles to park on site daily
between 8:00 a.m. and 7:00 p.m. The project is not expected to increase traffic in the
area, but to provide a safer alternative to overflow parking that currently occurs on the
side of Highway 220. Therefore, traffic conditions are expected to improve under the
request.
Traffic to the subject site is not expected to cause significant impacts to roads. Highway
220 is a State-owned highway that is in good condition and is well maintained.
3L. Availability of Utilities
The subject site does not have electricity, water, or wastewater. However, none of these
utilities will be required under the Special Permit request. The paved area for the parking
lot is already developed and will remain unchanged under the proposed action.
III. REGULATORY ANALYSIS
4A. Coastal Zone Management
The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the
subject parcel is approximately 3 miles inland from the shoreline. The project will
therefore not be impacted by coastal hazards, affect erosion, coastal ecosystems, or
marine resources. There is no public access, scenic or open space resources that will be
impacted by the project.
4B. Impacts to Surrounding Properties
Noise
Noise is not expected to change under the proposed action. The main sources of noise in
the area are from visitors and vehicular traffic. The project’s purpose is to create parking
spaces for vehicles already destined for Akaka Falls State Park, which currently park
along Highway 220. Vehicular trips and number of visitors are therefore expected to stay
the same as they exist today.
Traffic
The proposed parking lot would allow forty-nine (49) vehicles to park on site daily
between 8:00 a.m. and 7:00 p.m. The project is not expected to increase traffic in the area
21
but would provide a safer alternative to overflow parking that currently occurs on the side
of Highway 220. Therefore, traffic conditions in the area are expected to improve under
the request.
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
Hawai‘i Revised Statues §205-6 allows the County Planning Commission to permit
certain unusual and reasonable uses within the Agricultural and Rural districts,
acknowledging that lands within agricultural districts might not be best suited for
agricultural activities.
Unusual conditions, trends and needs have arisen since the district boundaries and
regulations were established. The subject property is located within the Agricultural
district. The special permit area of the site is classified by the Land Study Bureau Overall
Master Productivity Rating as “C” (fair) and “D” (poor). However, the soil type is
considered prime farmland according to the NRCS.
The special permit area will only encompass approximately 18,000 square feet at the
front of the subject site. The low-impact and small-scale nature of the request will not
hinder the agricultural potential of the site.
4E. Land Suitability for Permitted Uses
The project proposes to use an existing 11,500 square foot paved area on site with the
addition of 5,000 square feet of concrete to complete the parking lot. This modest request
will not substantially alter or change the essential character of the land.
According to the Land Study Bureau Overall Master Productivity Rating, the special
permit area of the site is classified as “C” (fair) and “D” (poor). However, the soil type
and ALISH designate the site as prime farmland. The low-impact nature of the project
means that granting this request would not have a negative impact on the agricultural
potential of the site.
4F. Land Character and Present Use
The proposed use will not substantially alter or change the essential character of the land.
The proposed Special Permit area would encompass 18,000 square feet. The requested
use intends to utilize a portion of the property, which has a Land Study Bureau rating of
“C” (fair) and “D” (poor), to complement the agricultural use of the property in a manner
that is unusual, reasonable, and mutually beneficial to both.
22
Therefore, the Special Permit request does not intend to alter the essential character of the
land, but rather to realize its potential through the addition of an unusual, yet compatible,
and reasonable use that will have a positive impact on the surrounding community.
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. Further, as discussed in Section 3C,
the proposed use conforms to the General Plan’s economic, environmental, and land use
goals and policies, including the following:
Economic Element
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County’s natural and social
environments.
Public Facilities Element
• Encourage the provision of public facilities that effectively service community
and visitor needs and seek ways of improving public service through better and
more functional facilities in keeping with the environmental and aesthetic
concerns of the community.
Land Use Element
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Discussion: Approval of the requested Special Permit would be in line with the
economic, public facilities, and land use goals and policies of the General Plan. The
project would allow the applicant to operate a forty-nine (49) space parking lot for Akaka
Falls State Park visitors to alleviate traffic conditions on Highway 220. The project would
therefore provide an essential public facility that would benefit the community and
surrounding area without hindering the agricultural potential of the land.
4H. Unusual and Reasonable Use
The proposed use is an unusual and reasonable use of the land, which would not be
contrary to the objectives sought by the Land Use Law and Regulations, which for the
Agricultural District, seek to preserve or keep the land of high agriculture potential in
agriculture use.
Lands in the Agricultural District include areas with high capacity or potential for
agricultural uses but also lands which are surrounded by or contiguous to agricultural
lands, and which are not suited to agricultural uses by reason of topography, soils, or
other related characteristics.
23
The parking lot would be located on land that is not well suited for commercial
agricultural use as it is classified by the Land Study Bureau Overall Productivity Rating
as “fair” and “poor.”
Approval of this Special Permit would enable the applicant to optimize the overall use of
the land by establishing a forty-nine (49) stall parking lot for visitors of Akaka Falls State
Park to use. The current parking lot for Akaka Falls is inadequate to accommodate the
high number of visitors each day. Overflow parking occurs along Highway 220, which
creates pedestrian safety concerns and traffic congestion. The subject property is located
adjacent to the Akaka Falls State Park entry gate and has an existing 11,500 square foot
paved area that could serve as extra parking for visitors. With the minimal addition of
5,000 square feet of concrete, a substantial number of vehicles could be accommodated
on site to alleviate parking and traffic concerns in the area.
Therefore, the subject property is a reasonable and ideal setting for the parking lot, it
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.
County of Hawaii Planning Department
www.hiplanningdept.com • planning@hawaiicounty.gov
East Hawaii Office • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax (808) 961-8742
West Hawaii Office • 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawai`i 96740
Phone (808) 323-4770 • Fax (808) 327-3563
AGRICULTURAL -BASED COMMERCIAL OPERATION CERTIFICATION
Agricultural -based commercial operations are allowed in the County of Hawai`i on lands classified within
the State Land Use AGRICULTURAL district. The state law, Hawaii Revised Statutes (HRS) sec&on
205-2(d)(15) states:
d) Agricultural districts shall include:
15) Agricultural -based commercial operations registered in Hawaii, including: 0-
A) A roadside stand that is not an enclosed structure, owned and operated by aproducer for the
display and sale ofagricultural products grown in Hawai 'i and value-added products that
were produced using agricultural products grown in Hawai'i;
B) Retail activities in an enclosed structure owned and operated by a producer for the display
and sale ofagricultural products grown in Hawai 'i, value-addedproducts that were
produced using agricultural products grown in Hawai'i, logo items related to the producer's
agricultural operations, and otherfood items; and
C) A retailfood establishment owned and operated by aproducer andpermitted under Title 11,
Chapter 12 ofthe rules of the Department ofHealth that prepares and serves food at retail
using products grown in Hawai'i and value-addedproducts that were produced using
agricultural products grown in Hawai 'i.
D) A farmers' market, which is an outdoor market limited to producers selling agricultural
products grown in Hawaii and value-added products that were produced using agricultural
products grown in Hawaii; and
E) Afood hub, which is afacility that may contain a commercial kitchen and provides for the
storage, processing, distribution, and sale ofagricultural products grown in Hawaii and
value-addedproducts that were produced using agricultural products grown in Hawaii.
The owner ofan agricultural -based commercial operation shall cert, upon request ofan officer
or agent charged with enforcement of this chapter under section 205-12, that the agricultural
products displayed or sold by the operation meets the requirements of this paragraph.'
CERTIFICATION: I, \;4-o_al,lvAtSA CERTIFY THAT I
HAVE READ THE ABOVE AND` 1AT THE AGRICUL URAL PRODUCTS
DISPLAYED OR SOLD BY THIS OPERATION MEET THE REQUIREMENTS OF
HRS SECTION 205-2(d)(15). I AM THE AGRICULTURAL PRODUCER WHO OWNS
AND OPERATES THIS AGRICULTURAL -BASED COMMERCIAL 1 ' ` • TION. I
HAVE A COPY OF THIS SIGNED CERTIFICATION.
T ` \k,s,;%-kQ. CQ L u*(3,' c_
Owner/Procer/Operator's Name (print)
TMK: (3)21R 010 - 01'4 oVi
Phone
number: (50B) 3 \- 3'3 14,
Own
Date:
r/ oducer/Operator's Signature
kq
Email: \,AAA Q ` IS log
over) CANNED
NOV 1 0 2015
By: aCktO(p
If the operator cannot meet the requirements of HRS sec. 205-2(d)(15), a Special Permit is required.
Contact Planning Division staff at (808) 961-8288 for additional information about the Special Permit
application process.
1
Landowner(s): (print) t,,, .5 ,Dav\Q = —Vjv'-1/4\1\G>_ \Q \
Landowner(s): (sign) a ,.--A1 `
Location
Address): k`'`a C"w\\b Voo \ t'\ (-5), 2...- P - 0\01 0 ,‘isk-B
Description of Agricultural -based Commercial Operation (Type of activity; type and size of
structures; days/hours of operation; expected number of vehicles; number of off-street parking stalls, ADA
parking, etc.):
1" \o`o'kkc s \Aar_C'\C oorkd 2.no Cit.S oo cc'\c;e cb IC1OOc../ ctgb Q. ckk \¢S 2_, alo\2 CQ,`3\'bow\SC ' , t ge.co hc k%NQ 1 GrCk5fin' v. 5.1/4cm9 C1AOA).Fu.-Vurlz_\c‘oc (3aCkc dr c'z g. Ac:4A
or-80.k 1)1.-&-yb wee.E.x c.-\,o c'y.
Primary Hawaii -Grown ltAgriculturalProductsPromoted: c Qel oawDLv\Ghacp oc)(!ov,„1
ru. rec].VY,. ) Gkkicko.c t \Q ea CA\e, Q cO"\ CU.[.(krAYQC) I-TQeO
dACGi\i1n1 ll ko CQ.iousg e C'oOkg ' lnf C\ J `A ouQ
ther
Information: 1Q SeC. Y‘aert-tc15_ Q40,Ckektcl ,
Clearance (To be completed by Planning Department):
SLU: Zoning: Size of Property: District:
ALLOWED NOT ALLOWED: SPECIAL PERMIT REQUIRED
Comments:
Planning Department Reviewer: Date:
Ilcoh331planninglpublic\Forms & References\E-Forms12019 Updated FormslAg-Based Commercial Ops Cert MSWord.doc
Revised 4/2/19
Agricultural -related Activities: (please answer the following questions on a separate page)
1. Describe in detail, the Agricultural activity you want to operate on your property.
2. Is owner/operator growing or raising Agriculture on the subject property or on other
property owned or leased? List what is grown.
3. Will owner/operator sell what is grown or raised in its raw form? List what will be sold.
4. Will the owner/operator process, package, sell what is grown on the premises?
5. Will owner/operator use what is grown or raised to create a finished commercial product
that will be sold/served on the premises? List items to be sold.
6. Will owner/operator use what is locally grown or raised by others in creating/ serving the
commercial product? List all ingredients.
7. Will the owner/operator need to use ingredients or serve items that are not locally grown?
8. Will owner/operator create and sell value-added products on the premises? List items.
9. Will owner/operator sell logo items related to the ag operations and other food items? List
items.
10. What type of structure will be built for your business operation?
11. Is a retail food establishment permit required from DOH? If Yes, Certification required
that you are in compliance with DOH rules.
12. If proposing Ag -based Commercial Operation what type of operation are you proposing?
FOR STAFF USE ONLY:
Categories:
Determination: Ag -Processing Minor
Determination: Ag -Processing Major
Determination: Ag -Tourism
Determination: Special Permit
Determination: Ag -based Commercial (A) Roadside stand (Sell Ag products grown in
HI & valued- added products using locally -grown)
Determination: Ag -based Commercial (B) Retail activities in Enclosed structure
Sells Ag products grown in HI, value-added, logo, food)
Determination: Ag -based Commercial (C) Retail Food Establishment (prepare/serve
food in facility approved by DOH)
Determination: Ag -based Commercial (D) Farmers' Market
Determination: Ag -based Commercial (E) Food Hub
Ilcoh331planninglpublic\Forms & References\E-Forms12019 Updated FormslAg-Based Commercial Ops Cert MSWord.doc
Revised 4/2/19
Description of Agricultural -Based Commercial Operation
1. Describe in detail, the agricultural activity you want to operate on your property.
The subject property is a 98.285 acre parcel which is located on Akaka Falls Road in the agricultural use district and
adjacent to Akaka Falls State Park. The property is presently undeveloped and no agriculture is produced at this time.
The owners are proposing to establish a mobile food service park on the portion of the property that fronts Akaka Falls
Road and to agriculturally develop twenty acres of the land with fruit, vegetable, herb and root crops.
The food service park establishment will encompass approximately one acre of land fronting Akaka Falls Road and will
consist of two mobile food trucks, ten portable dining tables with umbrellas, one future 20'x8' multi-purpose storage
container, a trash dumpster enclosure on a concrete pad, one standard portable restroom with sink and one ADA
portable restroom with sink, and fifteen paved parking stalls including one ADA van accessible stall.
It is projected the food service park will be open seven days a week with hours of operation from 8am — 6pm.
Horseback riding tours of the property are planned in the future. The owners plan to have horseback riding tours of the
agricultural growing area and other portions of the property. The horses will be pastured on the property.
2. Is the owner/operator growing or raising agriculture on the subject property or on other property owned or
leased? List what is grown.
No agriculture is grown on the property at this time, however the owners plan to grow the following crops: banana,
coffee, papaya, pineapple, coconut, sugarcane, avocado, taro, lettuce, cabbage, corn, cucumber, carrot, zucchini, green
bean, cilantro, Lili koi, mint, turmeric, cilantro, and ginger.
3. Will the owner/operator sell what is grown or raised in its raw form? List what will be sold.
Some of the fruit grown on the property will be sold in raw form which will include but is not limited to pineapple,
papaya, Lili koi and banana.
4. Will the owner/operator process, package, and sell what is grown on the premises?
Most of the fresh fruit and vegetables grown on the premises will be used for preparing meals, deserts and beverages
such as juices and smoothies, but the crops will not be processed and sold in packaging.
5. Will owner/operator use what is grown or raised to create a finished commercial product that will be
sold/served on the premises? List items to be sold.
The owners will use most of the fruits and vegetables grown on the premises to provide the ingredients for meals,
deserts and beverages that will be prepared and served from the mobile food service trucks. Products served will
include breakfast dishes and plate lunches, salads, snacks, deserts, fruit juices and smoothies.
Menu items include but are not limited to:
Snacks - samosas, green bean fries, grilled corn
Garden Salad - local greens and assorted vegetables
Akaka Wrap — pineapple fried rice, local fish on wrap or with noodles
Poke Taco — local fish
Sandwiches — assorted meat and veggies
Grilled fish — local fish, rice, green salad
Burgers — beef and veggies on bread
Fresh Fruit Platers —various fresh fruits
Breakfast — bacon, eggs, rice, garden salad
6. Will owner/operator use what is locally grown or raised by others in creating/serving the commercial
product? List all ingredients.
Prior to and once the crops are producing, if the fruits and vegetables grown on the premises are not at any time
sufficient to provide for the food truck menu, the owners are planning to purchase the crops listed above from local
farmers.
Local Fruits & Vegetables from Honaunau Market Inc. — (808) 329-1365
7. Will the operator need to use ingredients or serve items that are not locally grown?
The owners will supplement locally grown fruits and vegetables with specialty Indian spices, sugar, rice, and bread and
noodle products as well as fish, meats, eggs and dairy products which are not locally grown.
8. Will owner/operator create and sell value-added products on the premises? List items.
The owners will sell canned Kona coffee and Dole Soft Serve Whip products.
Dole Soft Serve Whip Machine from Dole Food Company Hawaii — Hilo products — (808) 935-1106
9. Will owner/operator sell logo items related to Ag operations and other food items? List items.
No, the owners will not sell any logo items related to Ag operations other than food items.
10. What type of structure will be built for your business operation?
No permanent structures are planned at this time. The two mobile food service trucks, portable tables with umbrellas
and portable restrooms will be used for the operation. However, permanent improvements to the property will include:
new fences, gates, paved parking area, concrete pad for tables and food service trucks, concrete walkways and a fenced
dumpster enclosure.
11. Is a retail food establishment permit requiredfrom DOH? If yes, what certification is required that you are in
compliance with DOH rules?
The establishment will be in full compliance with DOH rules as established for mobile food truck operations and will be
using Kamana Kitchen restaurant in Hilo as a support kitchen. Food menu items will be prepared on the mobile food
truck or in the support kitchen.
12. If proposing Ag -based commercial operation what type of operation are you proposing?
The owners will be planting crops on twenty acres of the property to be used in the food service park operations.
County of Hawai'i Planning Department
www.hiplanningclept.com • planning@hawaiicounty.goy
East tiawaPi Office • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720
Phone(808)961-8288 • Fax (808) 961-8742
West Hawaii Office • 74-5044 Ane Keoho%Alcfle Hwy • Kailua-Kona, Hawai'i 96740
Phone (808) 323-4770 • Fax (808) 327-3563
AGRICULTURAL -BASED COMMERCIAL OPERATION CERTIFICATION
Agricultural -based commercial operations are allowed in the County of 14a).vai'i on lands classified within
the State Land Use AGRICULTURAL district The state law, Ilatvai-i Revised Statutes MRS) section
205-2(d)(15) states:
d) Agricultural districts shall include:
15) Agricultural -based commercial operations registered in Hawaii, including:
A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the
display and sale o/ agricultural products grown in Ilawai7 and value-added products that
were produced using agricultural products grown in Hawai'i;
Retail activities in an enclosed structure owned and operated by a producer for the display
and sale of agricultural products grown in Hawai'i, value-added products that were
produced using agricultural products grown in Hawai'i, logo items related to the producer's r—
agricultural operations, and otherfood items; and
19,--"A retail foodestablishment owned and operated bLaaodus.er and permitted under Title 11,
Chapter 12 of the rules ofthe Department of Health that prepares and serves fbod at retail
using products grown in Hawai'i and value-added products that were produced using
agricultural products grown in Hawaii.
D), A farmers' market, which is an outdoor market liniited to producers selling agricultural
products grown in Hawaii and value-added products that were produced using agricultural
products grown in Hawaii; and
E) A food hub, which is a facility that may contain a commercial kitchen and provides for the
storage, processing, distribution, and sale ofagricultural products grown in Hawaii and
value-added products that were produced using agricultural products grown in Hawaii.
The owner ()fan agricultural -based commercial operation shall certify, upon request of an officer
or agent charged with enforcement ofthis chapter under section 205-12, that the agricultural
products displayed or sold by the operation meets the requirements ofthis paragraph.'
CERTIFICATION: I, , CERTIFY THAT I
HAVE READ THE ABOVE AND THAT THE AGRICULTURAL PRODUCTS
DISPLAYED OR SOLD BY THIS OPERATION MEET THE REQUIREMENTS OF
HRS SECTION 205-2(d)(15). I AM THE AGRICULTURAL PRODUCER WHO OWNS
AND OPERATES THIS AGRICULTURAL -BASED COMMERCIAL OPERATION. I
HAVE A COPY OF THIS SIGNED CERTIFICATION.
T t.t,t-te( C PES:c ylcurbeit
Owner/Producer/Operator's Name (print) OWneriPrOdUCe perator's Signature
TMK: 3220100/110000 Date: tZfri °
Phone
number: 502-:3 10536,14 Email:
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Agricultural -related Activities: (please answer thefollowing questions on a separate puge)
1. Describe in detail, the Agricultural activity you want to operate on your property.
2. Is owner/operator growing or raising Agriculture on the subject property or on other
property owned or leased? List what is grown.
3. Will owner/operator sell what is grown or raised in its raw form? List what will be sold.
4. Will the owner/operator process, package, sell what is grown on the premises?
5. Will owner/operator use what is grown or raised to create a finished commercial product
that will be sold/served on the premises? List items to be sold.
6. Will owner/operator use what is locally grown or raised by others in creating; serving the
commercial product? List all ingredients.
7. Will the owner/operator need to use ingredients or serve items that are not locally grown?
8. Will owner/operator create and sell value-added products on the premises? List items.
9. Will owner/operator sell logo items related to the ag operations and other food items? List
items.
10. What type of structure will be built for your business operation?
11. Is a retail food establishment permit required from DOH? If Yes, Certification required
that you are in compliance with DOH rules.
12. If proposing Ag -based Commercial Operation what type of operation are you proposing?
FOR STAFF USE ONLY:
Categories:
O Determination: Ag -Processing Minor
O Determination: Ag -Processing Major
O Determination: Ag -Tourism
O Determination: Special Permit
O Determination: Ag -based Corrunercial (A) Roadside stand (Sell Ag products grown in
HI & valued- added products using locally -grown)
O Determination: Ag -based Commercial (B) Retail activities in Enclosed structure
Sells Ag products grown in HI, value-added, logo, food)
O Determination: Ag -based Commercial (C) Retail Food Establishment (prepare/serve
food in facility approved by DOH)
O Determination: Ag -based Commercial (D) Farmers' Market
O Determination: Ag -based Commercial (E) Food Hub
coh33'plannengpitblictForms & ReferencesE-Forms2019 Updated FormsAg-Based Commercial Ops Cert MSWord.doc
Revised 412719
1. Describe in detail, the agricultural activity you want to operate on your property.
pn 20 acre we plan to plant fruits, vegetables, herbs arid corn.
2,,Acre- Banana, 3 Acre coffee, 2 Acre papaya, 3 acre pineapple, 1 acre Coconut, 3 acre r"
sugarcane,10 Acre- various vegetables -mint, ginger, cilantro, broccoli, eggplant, corn.
37/2
We are planning a horseback riding tour that perimeters agricultural farm and other fall scenery
in approximately 15 acre in the premise.
2. Is owner/operator growing or raising Agriculture on the subject property or on otflier
property owned or leased? List what is grown.
fvo /k-,-• i ,, zk, crtz
On the pr erty we will be growing folldwing items: .--
Fruits- Papaya, pineapple, lilikoi, bananas, sugarcane, avocado etc
Vegetables- Mint, ginger, Turmenc,cilantro, cauliflower, broccoli, egg plants, lettuce, beans,
carrots, cucumber and more
3. Will owner/operator sell what is grown or raised in its raw form? List what will be sold.
Fruits and vegetables grown in the property will be sold on a food truck
Fruit juice (pineapple, coconut, sugarcane, papaya, lilikoi, banana) and smoothies will be sold.
Vegetables (mint, ginger, cilantro, cauliflower, broccoli, eggplant, lettuce, Green beans, corn) will
be sold.
4. Will the owner/operatocess, package, sell what is grown on the premises?
The fruits and vegetables grown on premise will be sold in the food truck. Fruits will be used in
juice and smoothies, and vegetables will be used in food items served.
5. Will owner/operator use what is grown or raised to create a finished commercial
product that will be sold/served on the premises? List items to be sold.
Yes, we will use all the vegetables and fruits grown on the premises to build menu for a food
truck. We will be selling whole fruits and vegetables, juice, smoothies of fruits grown on a
property.
6. Will owner/operator use what is locally grown or raised by others in creating/serving
the commercial product? List all ingredients.
If fruits and vegetables grown on premises are not enough for fooci truck we plan in partnering
with Dole Tropical food producer of Hawaii and iro"--Ganners. So we will be bringing in simifir
items such as pineapple, coconut papaya, lilikoi, banana, hawaiian water bottles, hawaiian
chips, hawaiian juices.
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7. Will the owner/operator need to use ingredients or serve items that are not focally
grown?
Mostly we will be selling all the items that are grown locally except for some spices we need
0 er items we will need to make food items such as rice, sugar, salt, pepper, and other spices
8. Will owner/operator create and sell value-added products on the premises? List items.
We will sell smooth,es and juice grown from fruits and vegetables grown on premises,
s.
n operatorsell logo item lated to ag operations artd-otfier food items List
We are planning to partner with Dole Tropicat food distribution for a food truck and are planning
to sell the following items. /,
Fruits, juice, smOothie; 100% Kona coffee, 100% hawaiian Ice Cream/soft serve Dole brand
whip)
We will have the following items on the menu:
Snacks- Samosa, Green bean fries, grilled corn,
Main food- Food platter, Garden salad (local greens, spinach, Broccoli, soyabean, asparagus,
carrot, grilled corn), Akaka wrap , pineapple fried rice, local fish (poke tacos), sandwiches,
locally produced when available Bacon & eggs (Bacon, eggs, rice served with garden salad),
Local fish grilled (with rice and side of green salad.), burgers ( Home grown veggie and fesh )
10. What type of structure will be built for your business operation?
oe,(ovr)
52-z
5
The structuresplanned for this business operations are mobile and movable- foodt c.k,
temporary restroorN shipping container used for storage, picnic tables.
GOri
We are planning a horseback riding tour that `Perimeters agricultural farm and other fall scenery
in approximately 15 acre in the premise. We will build a staple for horses, and will clear/clean
way for horseback riding.
Oc%-\
11. is a retail food establishment permit requi
that you are in compliance with DOH rules.
d fro DOH? if Yes, Certification required
Yes The retail food establishment will require permit from DOH, and the establishment will be in
full compliance with DOH rules.
12. If proposing Ag -based commercial operation what type ope n
proposing?
The agriculture based commercial will be based f , mostly sell pineapple juice
served in a pineapple, coconut water, other tropical fruit srt a of les and juices. All the produce
and ingredients used for the beverage and food items will either be grown in the property or in
Hawaii. Following shows our plan what we want to do with property.
We are planning a horseback riding tour that perimeters agriculturalfarm and other fall scenery
in approximately 15 acre in the premise. We will submit a plan what we want to do with property.
12. If proposing Ag -based commercial operation what type of operation are you
proposing?
The agriculture based commercial will be based in 4tfood truck mostly sell pineapple juice
served in a pineapple, coconut water, other tropical fruit smoothies and juices. All the produce
and ingredients used for the beverage and food items will either be grown in the property or in
Hawaii. Following shows our plan what we want to do with property.
We are planning a horseback riding tour that perimeters agricultural farm and other fall scenery
in approximately 15 acre in the premise. We will submit a plan what we want to do with property.
r, ; 4,oiti fit y /Ailf-1 149X" /(2
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Description of Agricultural-Based Commercial Operation
C;OH PLANNING DEPT1. Describe in detail, the agricultural activity you want to operate on your property. JUL 30 2020 AM10:43
The subject property is a 98.285 acre parcel which is located on Akaka Fails Road in the agricultural use district and
adjacent to Akaka Falls State Park. The property is presently undeveloped and no agriculture is produced at this time.
The owners are proposing to establish a mobile food service park on the portion of the property that fronts Akaka Falls
Road and to agriculturally develop twenty acres of the land with fruit,vegetable, herb and root crops.
The food service park establishment will encompass approximately one acre of land fronting Akaka Falls Road and will
consist of two custom mobile food service trailers structurally connected by a covered platform deck, ten portable
dining tables with umbrellas, one future 20'x8' multi-purpose storage container, a trash dumpster enclosure on a
concrete pad, one standard portable restroom with sink and one ADA portable restroom with sink, and fifteen paved
parking stalls including one ADA van accessible stall.
It is projected the food service park will be open seven days a week with hours of operation from 8am—6pm.
Horseback riding tours of the property are planned in the future. The owners plan to have horseback riding tours of the
agricultural growing area and other portions of the property. The horses will be pastured on the property.
2. Is the owner/operator growing or raising agriculture on the subject property or on other property owned or
leased?List what is grown.
No agriculture is grown on the property at this time, however the owners plan to grow the following crops: banana,
coffee, papaya, pineapple, coconut, sugarcane, avocado, taro, lettuce, cabbage, corn, cucumber,carrot, zucchini, green
bean, cilantro, Lili koi, mint, turmeric, cilantro, and ginger.
3. Will the owner/operator sell what is grown or raised in its raw form?List what will be sold.
Some of the fruit grown on the property will be sold in raw form which will include but is not limited to pineapple,
papaya, Lili koi and banana.
4. Will the owner/operator process,package, and sell what is grown on the premises?
Most of the fresh fruit and vegetables grown on the premises will be used for preparing meals, deserts and beverages
such as juices and smoothies, but the crops will not be processed and sold in packaging.
5. Will owner/operator use what is grown or raised to create a finished commercial product that will be
sold/served on the premises?List items to be sold.
The owners will use most of the fruits and vegetables grown on the premises to provide the ingredients for meals,
deserts and beverages that will be prepared and served from the mobile food service trucks. Products served will
include breakfast dishes and plate lunches, salads, snacks, deserts, fruit juices and smoothies.
Menu items include but are not limited to:
Snacks- samosas, green bean fries, grilled corn
Garden Salad - local greens and assorted vegetables
Akaka Wrap—pineapple fried rice, local fish on wrap or with noodles
Poke Taco— local fish
Sandwiches—assorted meat and veggies
Grilled fish— local fish, rice,green salad
Burgers—beef and veggies on bread
Fresh Fruit Platers—various fresh fruits
Breakfast—bacon, eggs, rice, garden salad
6. Will owner/operator use what is locally grown or raised by others in creating/serving the commercial
product?List all ingredients.
Prior to and once the crops are producing, if the fruits and vegetables grown on the premises are not at any time
sufficient to provide for the food truck menu, the owners are planning to purchase the crops listed above from local
farmers.
Local Fruits &Vegetables from Honaunau Market Inc.—(808) 329-1365
7. Will the operator need to use ingredients or serve items that are not locally grown?
The owners will supplement locally grown fruits and vegetables with specialty Indian spices, sugar, rice, and bread and
noodle products as well as fish, meats, eggs and dairy products which are not locally grown.
8. Will owner/operator create and sell value-added products on the premises?List items.
The owners will sell canned Kona coffee and Dole Soft Serve Whip products.
Dole Soft Serve Whip Machine from Dole Food Company Hawaii— Hilo products—(808) 935-1106
9. Will owner/operator sell logo items related to Ag operations and other food items?List items.
No, the owners will not sell any logo items related to Ag operations other than food items.
10. What type of structure will be built for your business operation?
The two custom mobile food service trailers structurally connected by a covered platform deck, portable tables with
umbrellas and portable restrooms will be used for the operation. Other permanent improvements to the property will
include: new fences, gates, paved parking area, concrete pad for tables and food service trailers, concrete walkways,
water tank, propane tank, and a fenced dumpster enclosure.
11. Is a retail food establishment permit required from DOH?If yes, what certification is required that you are in
compliance with DOH rules?
The establishment will operate under a single retail food establishment permit and will be in full compliance with DOH
rules as established for mobile food trailer operations and will be using Kamana Kitchen restaurant in Hilo as a support
kitchen. Food menu items will be prepared on the mobile food truck or in the support kitchen.
12. If proposing Ag-based commercial operation what type of operation are you proposing?
The owners will be planting crops on twenty acres of the property to be used in the food service park operations.
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Harry KimMayor
Ray Takemoto
Managing Director
West Hawaii Office
74-5044 Ane Keohokalnle Hwy
Kailua-Kona, Hawaii 96740
Phone (808) 323-4770
Fax (808) 327-3563
August 25, 2020
County of Hawai°i
PLANNING DEPARTMENT
Mr. Tirtha Raj Luitel
Mr. Suresh Neupane
75-6111 Ka`ane`e Place
Kailua-Kona, Hawaii 96740-7958
Dear Mr. Luitel & Mr. Neupane:
Michael Yee
Director
April Surprenant
Acting Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808) 961-8288
Fax (808) 961-8742
SUBJECT: Land -Owner Certification of Agricultural -Based Commercial Operation:
Retail Food Establishment ]HRS sec. 205-2 (d)(15)(C)]
Land Owners: Suresh Neupane & Tirtha Raj Luitel
Location: Adjacent to `Akaka Falls Park on `Akaka Falls Road,
Honomfi Homesteads, Honomu, S. Hilo, Hawaii Island
Tax Map Key: (3) 2- 8-010: parcel 014, Lot B (98.28 acres)
Thank you for submitting the above -referenced certification for an Ag -Based Commercial
Operation (ABCO) (received: November 4, 2019) for a State of Hawai`i licensed retail food
establishment (a restaurant). The ABCO certification is according to state law, as provided by
Hawaii Revised Statutes (HRS) section (sec.) 205-2 (d)(15(C). As the landowners -producers of
parcel 14's ABCO building site, the certification is to establish at this location, ONE permitted
ABCO for one state licensed restaurant.
Certification of One ARCO Restaurant: Permitted Land Use of parcel 14. Generally, the
proposed ABCO-restaurant is a permitted agricultural land use of parcel 14, consistent with state
law, HRS Chapters 205 and 165.
ABCO Restaurant. As the owners -producers -operators of the proposed ABCO restaurant, you
are certifying that the restaurant will be preparing and serving food at retail using products
grown in Hawaii and value-added products that were produced using agricultural products
grown in Hawai`i, consistent with the statutory requirements of FIRS section (sec.) 205-2 (d)(15)
C).
Please proceed to develop the parcel 14 ABCO site, according to the representations stated in
the submitted certification materials for the proposed ABCO restaurant.
www.pla,mine hawalicounrv.vov Huwai'i County is an Equal Opportuniry Provider and Employer plamiingahawaiicounty. zov
Mr. Tirtha Raj Luitel
Mr. Suresh Neupane
August 25, 2020
Page 2
Note: Subject to Performance Conditions. The establishment and operation of the ABCO
restaurant is subject to the following discussion, findings, and conditions.
Findings:
1. Agricultural State Land Use & County Zoning. Parcel 14's ABCO site, is classified in the
state and county Agricultural districts: the county zoning is A -20a (Agricultural -20 acres)
and the State Land Use is Agricultural.
2. Permitted Use: Certification of ONE ARCO Restaurant. The state law of HRS Chapter
205 regulates the permitted uses of lots classified in State Land Use (SLU) Agricultural, such
as parcel 14: the proposed ABCO for parcel 14 is a permitted land use, according to HRS
sec. 205-4.5 (a)(9) and sec. 205-2 (d)(15), the state laws that preempts and permits certified
ABCOs in Hawai`i's State Land Use Agricultural District. In addition, the Hawaii Right to
Farm Act, sec.165-2 (1)'s includes ABCOs in its definition of "Farming operation."
3. The Planning Director finds that the statutory language of sec. 205-2 (d)(15) (C) is written in
the singular tense; and therefore, the Planning Director accepts the Luitel and Neupane
certification for ONE ABCO restaurant proposed for parcel 14's agricultural classified
building site.
4. The landowner -applicants, Luitel and Neupane, are the owners -operators -producers of the
proposed ONE ABCO restaurant for parcel 14.
5. The owner certified ABCO restaurant is subject to the conditions and requirements of
HRS sec. 205-2 (d)(15)(C); and, the ABCO owners have certified that the restaurant will
prepare and serve foods at retail using products grown in Hawai'i and value-added products
that were produced using agricultural products grown in Hawaii. •
6. The Luitel and Neupane ABCO restaurant shall operate with the respective restaurant license
permit of the State of Hawaii Department of Health, Hawaii District Health Office
Sanitation Branch, Hilo, Hawaii.
7. The proposed ABCO restaurant will operate two 'mobile food service trailers' under ONE
Department of Health restaurant license' according to Health Department instructions and
requirements, the two food service trailers may operate under one restaurant license with a
structurally connected ... covered platform deck, ... .' See Luitel and Neupane's
Description of ABCO at # 10 and 11 (received: July 30, 2020); see also, second Neupane
and Luitel Plot Plan (received: July 30, 2020) (sheet 1 Plot Plan & sheet 2 Site Plan): for
TMK: (3) 2-8-10:014, Lot B ('A Proposed Food Service Park & Ag Production Farm').
Mr. Tirtha Raj Luitel
Mr. Suresh Neupane
August 25,2020
Page 3
The proposed ABCO restaurant and farming operation on parcel 14's ag site is substantiated
by the submitted certification and the plot plan - site plan; these materials are accepted in
substantiation of the ABCO certification.
Conditions to Perform:
For parcel 14, the certified proposed ABCO restaurant, is subject to the following conditions:
1. One ARCO Restaurant License. The state statutory language that describes and permits
the ABCOs of sec. 205-2 (d)(15) (C) - is stated in the singular tense; therefore, on parcel
14, the certified ABCO is permitted to operate, only:
ONE retail food establishment, or restaurant, that is permitted to operate with ONE
restaurant license of Title 11, Chapter 12 of the rules of the State of Hawaii
Department of Health; furthermore,
the proposed ABCO restaurant may operate with two mobile food service trailers
structurally connected by a covered platform deck under one state restaurant
license - in accordance with State of Hawaii Department of Health instruction and
requirements received from the Hawaii District Health Office — Sanitation Branch, 1582
Kamehameha Ave., Hilo, HI 96720-4623 [Jeff Mukai, Food Safety Specialist; phone:
808) 933-0490].
Original Restaurant License: Luitel and Neupane are to bring to the Planning
Department Hilo office the original restaurant license issued by the state Department of
Health for the parcel 14 ABCO location. The department will make a photocopy of the
restaurant license for its TMK file.
2. Ownership & Operations. Certification of the ABCO requires ownership and operation by
a producer; therefore, for the ABCO restaurant, the Planning Department interprets the term,
producer,' to mean the landowners of parcel 14, Neupane and Luitel, according to county
Real Property Tax Division online parcel records.
3. Off -Street Parking. Vehicle parking for the one ARCO restaurant is required to be off the
street and located on-site, on parcel 14's ag building -site, according to Hawaii County
Zoning Code sec. 25-4-50.
Off-street pavement and parking improvements do not apply to a permitted use in a
county Agricultural -zoned district;
secondly, any material may be used to eliminate erosion, mud, and standing water for the
off-street parking spaces on parcel 14's ABCO building site. Z. Code sec. 25-4-54 (d).
Mr. Tirtha Raj Luitel
Mr. Suresh Neupane
August 25, 2020
Page 4
4. Plan Approval does not apply to developments in the county Agricultural zone.
Z. Code sec. 25-2-71 (a).
5. Written Notification Requirement. The county Planning Department is required to be
notified in writing of any plans to change or expand the ABCO restaurant project description
stated in the ABCO certification materials.
6. Special Permit Issues. A Special Permit application to the Hawai`i County Planning
Commission shall be required for any land use or structures that is not a specified permitted
use, according to the applicable state and county laws.
7. County Construction Standards & Building Permit Requirements. Any proposed
construction or built improvements for the ABCO restaurant is required to obtain the
applicable county building, plumbing, and/or electrical permits from the County of Hawai`i
Department of Public Works — Building Division.
Furthermore, the landowners -applicants shall comply with all applicable rules, standards,
specifications, conditions, and requirements of the county building permit application
process, including the State of Hawai`i Department of Health, the County of Hawaii Fire
Department, and for a reviewing agency required to review and complete the county building
permit application process.
8. The owners -producers -operators on parcel 14 shall comply with any amendments to the
Hawai`i County Zoning Code Chapter 25 that govem or apply to ABCOs.
Should you have any questions, please contact staff planner, Earl M. Lucero, of this office at
808) 961-8160, or via email at Earl.Luceroathawaiicounty.gov.
Sincerely,
J;
MICHAEL YEE
Planning Director
EML:jaa
P:Wdmin Permits Division\Ag based Commercial Operations \2019 - TMK folders ABCO\ABCO Letter Luitel & Neupane TMK
280100140000.doc
Enclosure: ABCO Certification (received: November 4, 2019)
CoL_..ty of Hawaii Plannc.sg Department
www.hiplanningdeptcom • planning@hawaheounty.gov
East Hawaii Office • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808)961-8288 • Fax (808) 961-8742
West Hawaii Office - 74.5044 Ane KeohOYaloie Hwy • Kailua-Kona, Hawai"I 96740
Phone (808) 323.4770 • Fax (808) 327-3563 o
Cp_
AGRICULTURAL -BASED COMMERCIAL OPERATION CERTIFICATION $
Agricultural -based commercial operations are allowed in the County of Hawai9 on lands classified w ithin
the State Land Use AGRICULTURAL district. The state law, Hawaii Revised Statutes (SIRS) sec tiros
205-2(d)(15) states:
d) Agricultural districts shall include:
15) Agricultural -based commercial operations registered in Hawaii, including:
A) A roadside stand that is not an enclosed structure, owned and operated by a producerfor the
display andsale ofagricultural products grown in Hawaii and value-added products that
were produced using agricultural products grown in Hawai `i;
B) Retail activities in an enclosed structure owned and operated by a producer for the display
and sale of agricultural products grown in Hawaii, value-addedproducts that were
produced using agricultural products grown in 1lawai'i, logo items related to the producer's
agricultural operations, and otherfood items: and
C) A retail food establishment owned and operated by a producer and permitted under Title 11,
Chapter 12 ofthe rules of the Department ofHealth that prepares and serves food at retail
using products grown in Hawaii and value-added products that were produced using
agricultural products grown in Hawaii.
D) Afarmers` market, which is an outdoor market limited to producers setting agricultural
products grown in Hawaii and value-added products that were produced using agricultural
products grown in Hawaii; and
E) Afood hub, which is afacility that may contain a commercial kitchen and provides for the
storage, processing, distribution, and sale ofagricultural products grown in Hawaii and
value-added products that were produced using agriculturalproducts grown in Hawaii.
The owner ofan agricultural -based commercial operation shall certify, upon request ofan officer
or agent charged with enforcement ofthis chapter under section 205-12, that the agricultural
products displayed or sold by the operation meets the requirements ofthis paragraph.'
r
CERTIFICATION: I, 'e• v. r Itisparg, CERTIFY THAT I
HAVE READ THE ABOVE AND " T TH AGRICULTURAL PRODUL 1 S
DISPLAYED OR SOLD BY THIS OPERATION MEET THE REQUIREMENTS OF
HRS SECTION 205-2(d)(15). 1 AM THE AGRICULTURAL PRODUCER WHO OWNS
AND OPERATES THIS AGRICULTURAL -BASED COMMERCIAL 1i' TION. I
HAVE A COPY OF THIS SIGNED CERTIFICATION.
Owner/P
TEAK:
Phone
number:
icer/Operator's Name (print) Own r - oducer/Operator's Signature
Date:
Emai
over) c NNE
NOV 1 0 2019
y; (DA I In
If the operator cannot meet the requirements of HRS sec. 205-2(d)(15), a Special Permit is required.
Contact Planning Division staff at (808) 961-8288 for additirmal information about the Special Permit
application process.
C r,
1
Landowner(s): (print) e, }t,(9ft 1 Iwnu.Q t a
la
Landowner(s): (sign) nt MM.
Location
4.
Address): :.... - !L....• V 'a"Q( • 't ..
Description of Agricultural -based Commercial Operation (Type of activity; type and size of
structures; daysthours of operation; expected number of vehicles; number ofoff-street parking stalls, AAA
parking, eta.):
Ceti A, a• • a•.... In.. ,. .. i• • •. .Ii. \-
vn9 r . —. ' 2... 4i1S?'kgtfl! 4, .•$ z-, s. .:.Q Q." . s Vs?. YpA`G
Primary Hawaii -Grown yyt}
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r7,wreAgriculturalProductsPromoted: c c, I to tastostrwusk Itjvsn I 1 \ l
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1
Information: 1g?y ea scwt'iAtit( Ac . k
Cltaranpg (To be completed by Planning Department):
ppSLU: R Zoning: A -20a Size orProperty:'t3 a4 District:
ALLOWED 0 NOT ALLOWED: SPECIAL PERMIT REQUIRED
Comments: A w4 ( &j at-} Luaro
Planning Ocpasorrent Revie Date: 9/
Ilcoh331planninglpubliclForms & RejerencenlE-Forns12019 Updated Formst4g-Based Commercial Ops Cert MSWord.doc
Revised 4/2/19
Agricultural -related Activities: (please answer the fallowing questions on a separate page)
I. Describe in detail, the Agricultural activity you want to operate on your property.
2. Is owner/operator growing or raising Agriculture on the subject property or on other
property owned or leased? List what is grown.
3. Will owner/operator sell what is grown or raised in its raw form? List what will be sold.
4. Will the owner/operator process, package, sell what is grown on the premises?
5. Will owner/operator use what is grown or raised to create a finished commercial product
that will be sold/served on the premises? List items to be sold.
6. Will owner/operator use what is locally grown or raised by others in creating/ serving the
commercial product? List alt ingredients.
7. Will the owner/operator need to use ingredients or serve items that are not locally grown?
8. Will owner/operator create and sell value-added products on the premises? List items.
9. Will owner/operator sell logo items related to the ag operations and other food items? List
items.
10. What type of structure will be built for your business operation?
11. Is a retail food establishment permit required from DOH? If Yes, Certification required
that you are in compliance with DOH rules.
12. If proposing Ag -based Commercial Operation what type of operation are you proposing?
FOR STAFF USE ONLY:
Categories:
Determination: Ag -Processing Minor
Determination: Ag -Processing Major
Determination: Ag -Tourism
Determination: Special Permit
Determination: Ag -based Commercial (A) Roadside stand (Sell Ag products grown in
Iii & valued- added products using locally -grown)
Determination: Ag -based Commercial (8) Retail activities in Enclosed structure
Sells Ag products grown in HI, value-added, logo, food)
IS Determination: Ag -based Commercial (C) Retail Food Establishment (prepare/serve
food in facility approved by DOH)
Determination: Ag -based Commercial (D) Fanners' Market
Determination: Ag -based Commercial (E) Food Hub
llcoh331ptanningipubtictForms & Referencest&-Farms11019 Updated FennstUg-Rased Commercial Ops Cert hd.SWard.doc
Revised 4/2/19
JOSH GREEN, M.D. E a KENNETH S. FINK, M.D,MGA, MPH
GOVERNOR OF HAWAII rr•';y.......... DIRECTOR OF HEALTH
KA LUNA HO'OKELEKEKIA'AINA O KA MOKU'AINA O HAWAII y,
1 ;
t@ a,.: i,
s v:.
icb/
t:...z,;:„v
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
H I LO, HAWAII 96721-0916
MEMORANDUM
DATE: February 2, 2024
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Permit Application (PL-SPP-2024-000062)
Applicant: Tirtha Luitel
Request: To Construct and Operate a Forty-Nine (49)-Stall Commercial
Parking Lot
Tax Map Key: (3) 2-8-010:014 (por.), Honomu, South Hilo District, Hawaii
In most cases,the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies,project owners, and their agents should apply Department of Health"Standard
Comments"regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 11-59 and 11-60.1.
Zendo Kern
February 2, 2024
Page 2 of 4
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses,public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: https://health.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation& Emergency Response Office
are at: https://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos,the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
Zendo Kern
February 2, 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
February 2, 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.
JOSH GREEN,M.D. EDWIN H.SNIFFEN
GOVERNOR DIRECTOR
KE KIA'AINA KA LUNA HO'OKELE
Deputy Directors
Na Hope Luna Ho'okele
Z; , DREANALEE K.KALILI
TAMMY L.LEE
ROBIN K.SHISHIDO
STATE OF HAWAII I KA MOKU'AINA'0 HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION I KA`OIHANA ALAKAU
869 PUNCHBOWL STREET STP 00396.24
HONOLULU, HAWAII 96813-5097 HWY-PL 24-2.35305
February 16, 2024
Mr. Zendo Kern
Planning Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Christian Kay
Dear Mr. Kern:
Subject: Request for Comment for Special Permit Application (PL-SPP-2024-000062)
Parking Lot Operation at Akaka Falls Park
Honomu, South Hilo, Hawaii
Tax Map Key No. (3) 2-8-010: 014 (Portion)
Thank you for your letter dated January 26, 2024, requesting our comments on the subject
application.
Access driveway connection to Akaka Falls Road(State Route 220) must meet all applicable
engineering criteria set forth by the Hawaii Department of Transportation, Hawaii District,
including design standards, sight distance requirements, and all necessary permits prior to any
construction work.
If you have any questions,please contact Jeyan Thirugnanam, Land Use Planning Engineer,
Planning Branch at(808) 587-6366 or by email at jeyan.thirugnanam@hawaii.gov. Please
reference file review numbers PL 2024-007.
Sincerely,
EDWIN H. SNIFFEN
Director of Transportation
STATE OF HAWAII JOSH GREEN,M.D.
P•°°# 195g_..p•,eye,
GOVERNOR
OFFICE OF PLANNING SYLVIA LUKE
9 ' -
LT GOVERNORGOVERNOR
SUSTAINABLE DEVELOPMENT MARY ALICE EVANS
INTERIM DIRECTOR
235 South Beretania Street,6th Floor, Honolulu, Hawaii 96813 Telephone: 808)587-2846
Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804 Fax: 808)587-2824
Web: https://planning.hawaii.gov/
DTS 202401261413NA
Coastal Zone
Management February 27,2024Program
Environmental Review Jeffery W. Darrow,Deputy Director
Program Planning Department
County of Hawai`i
Land Use Commission 101 Pauahi Street, Suite 3
Hilo,Hawaii 96720
Land Use Division
Special Plans Branch Dear Deputy Director Darrow:
State Transit-Oriented Subject:Special Permit Application(PL-SPP-2024-000062)
Development Request: To Construct& Operate a Commercial Parking Lot
Applicant: Tirtha Luitel
Statewide Geographic TMK: 3) 2-8-010:014(por.)
Information System Honomu,Hawai i
Statewide
Sustainability Branch The Applicant is applying for a Special Permit to construct and operate a paid
parking lot involving 49 stalls(Project)on 0.4 acres in the State Agricultural District
Permit Area). To construct the proposed parking lot,approximately 5,000 square feet
of concrete will be poured,adding to an existing 11,500-square-foot concrete pad. The
Project is intended to provide overflow parking from `Akaka Falls State Park. The
application suggests the existing parking facility at `Akaka Falls State Park is
insufficient to handle the daily vehicular traffic of visitors,resulting in hazardous
conditions and congestion along State Highway 220(or `Akaka Falls Road). The
Project aims to alleviate roadside parking and pedestrian hazards along `Akaka Falls
Road. Construction of the Project is expected to be complete within six months of
securing entitlements. The total cost of the Project is estimated to range between
400,000 and$500,000.
Additionally, an Agricultural-Based Commercial Operation(ABCO),in the
form of a restaurant,has been certified by the County of Hawaii and will be
constructed on land that involves the Permit Area. The restaurant is expected to take at
least two years to complete and will eliminate eight parking stalls from the Project. The
Project will accommodate both `Akaka Falls visitors and restaurant patrons when the
restaurant is operational.
Permit Area
The Permit Area is located on a 98.285-acre parcel(Property) at the end of
Akaka Falls Road, approximately 200 feet south of the existing `Akaka Falls State
Parking lot. The Property is identified as Tax Map Key(3)2-8-010:014.
The Permit Area is zoned Agricultural District 20-acres(A-20a), and the
County General Plan Land Use Pattern Allocation Guide designates most ofthe
Property as Important Agricultural Lands. Properties to the south and east are also
Mr. Jeffery W. Darrow
February 27, 2024
Page 2
zoned A-20a. Forest Reserve and A-10a-zoned land lie to the north. The parcel on the makai side of
Highway 220 is zoned Family Agricultural District.All properties in the area are therefore agricultural in
nature, aside from Akaka Falls State Park,which is Conservation land.
The Permit Area contains "Prime Agricultural Land"and "Other Important Agricultural Land",
as defined by the Agricultural Lands of Importance to the State of Hawaii (ALISH). The Land Study
Bureau(LSB)classifies the soils of the Permit Area as "C"and"D". Vegetable farming occurs on
portions of the Property.
The Permit Area is located within Flood Zone X, areas of minimal flood risk outside the 0.2%
annual chance floodplain.
OPSD Comments
The Office of Planning and Sustainable Development(OPSD)has the following comments:
1.The proposed use does not appear to be contrary to the objectives sought by Chapters 205 and
205A for the State Agricultural District because it would provide supplemental income to a farm.
OPSD will defer to the Department of Land and Natural Resources (DLNR)regarding the need
for the Project to alleviate parking demands of the existing `Akaka Falls State Park parking lot.
OPSD will further defer to the Hawaii Department of Transportation to comment on whether the
Project will improve pedestrian safety and alleviate roadside parking along `Akaka Falls Road. It
would have been helpful to see evidence of coordination with these agencies to confirm that the
Project is not contrary to these state agencies' plans for future improvements,if any,to their
properties.
2.Depending on the parking fee charged,the proposed use may prevent visitors from parking in
unsafe areas along the sides of the road leading to `Akaka Falls. OPSD is uncertain whether a
new commercial parking facility would attract more visitors to the Falls. However,given the
project's size and scale, it would likely not adversely affect surrounding properties because visitor
traffic to `Akaka Falls State Park already exists; and 11,000 square feet of concrete parking pad
already exists.
3.While OPSD has not consulted with utility and service providers,given the proposed use and
scale,it appears that the project would not unreasonably burden public agencies to provide new
roads, sewers, school improvements and police and fire protection.
4.Unusual conditions,trends and needs have arisen since the State Agricultural District boundaries
and rules were established in 1969. The current economics of small-scale farming no longer
generate enough income to support a farm household and additional supplemental income is often
needed to allow a farm family to continue to operate a farm.
5.Based on Figure 2 of the Application,the future restaurant will be located within the 0.4-acre
Permit Area. The Applicant should disclose information about the relationship between the
future restaurant and the Project so the Hawaii County Planning Commission can evaluate the
Project against the five guidelines established in Hawaii Administrative Rules §15-15-95 for
determining "unusual and reasonable" special uses within the State Agricultural District.
Mr. Jeffery W. Darrow
February 27, 2024
Page 3
a.The Applicant should provide details related to the additional traffic volumes expected
from the restaurant,how many stalls are expected to be occupied by restaurant patrons
compared to the stalls occupied by visitors to the `Akaka Falls State Park,and whether
visitors to `Akaka Falls will be charged the same parking fee as customers to the
restaurant. If DLNR's State Parks Division plans for visitors to `Akaka Falls State Park
to have free parking unless they also purchase food at the future permitted restaurant,
then the SP conditions of approval should define and separate parking lot use between
restaurant and `Akaka Falls patrons through a parking management plan.
b.The Application refers to "Exhibit A"as the ABCO approval letter from the Hawai`i
County Planning Depaitnient,but"Exhibit A"is not included in the Application. The
Applicant should provide the ABCO approval letter.
6.OPSD has concerns that the Project and restaurant operations could hinder agricultural use of the
property by restricting vehicular access. The Applicant should explain how existing agricultural
use would be accessed should the Project be approved.
7.There is no evidence that the Applicant conducted research into the existence of any traditional
and customary native Hawaiian practices or achaeological resources in the Permit Area. Without
the benefit of such research,the Hawaii County Planning Commission may not have the factual
basis to determine whether the Hawai`i Supreme Court's three Ka Pa'akai case law requirements
are satisfied. The Applicant should be required to conduct a Cultural Impact Assessment,
including a Ka Pa'akai analysis, for the Permit Area.
8.The Application indicates that best management construction practices will be implemented.
However,there is no discussion about the degree to which the stormwater runoff and erosion
from the proposed 5,000-square-foot concrete pad would be mitigated. The Applicant should
show how the Project will prevent adverse impacts on surrounding properties and `Akaka Falls
Road.
Thank you for the opportunity to comment on this application. Should you have any questions
regarding the comments provided,please contact Brandon Soo at brandon.a.soo@hawaii.gov. If you
wish to respond to this comment letter,please include DTS 202401261413NA in the subject line.
Mahalo,
Mary Alice Evans
Interim Director
Mitchell D.Roth N<v.o ................. Diane Nakagawa
Mayor
e ••••y
Finance Director
Deanna S. Sako Aaron K.H.Brown
Managing Director Deputy Director
County of Hawaii
DEPARTMENT OF FINANCE -REAL PROPERTY TAX
Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawai`i 96720-4679 • Fax(808)961-8415
Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282
West Hawai`i Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawai`i 96740
Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880
Date: January 30, 2024 Tax Map Key: 2-8-010-014-0000
To: Planning Director
From: Real Property Tax Office
Subj: Request for Comments and/or Review
Comments from the Appraisal Section:
Property is receiving agricultural use value
Property is dedicated to agricultural use
Possible rollback taxes
There are no comments at this time
Remarks:
Appraiser to Contact: Saesha Hanselman Phone: (808) 961-8857
Comments from the collection section:
Status of real property taxes:
Current
Delinquent /Amounts $
Amount includes tax, penalty & interest up to
Remarks: Paid up to June 30, 2024
Collection personnel to contact: Karen Visaya
Phone: 808-961-8290
Hawai`i County is an Equal Opportunity Provider and Employer
N v.oi N
Mitchell D.Roth 1We,' Ramzi I.Mansour
DirectorMayor
Deanna S.Sako t,r>.c,,`.• Brenda Iokepa-Moses
Managing Director
I
Deputy Director
County of Hawai'i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720 • cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Direc'•
Department of Environmental Management
DATE: February 8, 2024
SUBJECT: (PL-SPP-2024-000062)
Applicant: Tirtha Luitel
Request: To Construct and Operate a Forty-Nine (49)-Stall Commercial Parking
Lot
Tax Map Key: (3) 2-8-010:014 (por.), Honomu, South Hilo District, Hawai`i
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details).
Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transferstations for disposal.
Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
Ample room should be provided for rubbish and recycling.
Green waste may be transported to the green waste sites located at the West Hawai`i
Organics Facility and East Hawai`i Organics Facility, or other suitable diversion
programs.
Construction and demolition waste is prohibited at all County Transfer Stations.
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details).
No County sewer system in area. Applicant shall follow Hawai`i Department of Health,
and all other applicable federal, state, and county regulations.
County of Hawai'i is an Equal Opportunity Provider and Employer
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: February 26, 2024
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division ,
SUBJECT: Special Permit Application (PL-SPP-2024-000062)
Applicant: Tirtha Luitel
Request: To Construct and Operate a Forty-Nine (49)-Stall Commercial
Parking Lot
TMK: 2-8-010:014 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.
2. All activities shall comply with the requirements of Hawaii County Code (HCC),
Chapter 10, Erosion and Sedimentary Control.
3. All development-generated runoff shall be disposed of on site and not directed toward
any adjacent properties. A drainage study shall be prepared and the recommended
drainage system shall be constructed meeting the approval of the Department of
Public Works.
Questions may be referred to Robyn Matsumoto at 961-8924.
County of Hawaii is an Equal Opportunity Provider and Employer
194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
info@landplanninghawaii.com
October 2, 2024
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Response to Comments Regarding Special Permit Application (PL-SPP-2024-
000062)
Applicant: Tirtha Luitel
Honomū, South Hilo District, Hawai‘i TMK (3) 2-8-010: 014 (por.)
Thank you for your review of the subject application. This letter is in response to comments from the
Division of State Parks (Exhibit A). In response to those comments, we provide the following:
• Patronage to the ʻAkaka Falls State Park already exceeds the capacity of the existing parking
lot, leading to guests parking along the sides of Akaka Falls Road and then walking up the road
to the park. The proposed parking lot will provide safe overflow parking and a pedestrian trail
for those guests. Thus, the goal of the proposed parking lot is simply to mitigate the existing
safety hazard posed by the number of vehicles and pedestrians who currently park along Akaka
Falls Road after the State’s parking lot is full, not to increase visitation to the park. The notion
that providing appropriate overflow parking to support the current need will increase patronage
to the park is speculative.
• We appreciate being informed that the Division of State Parks is considering enacting a
reservation-based entry system for ʻAkaka Falls State Park. The applicant has taken this
information into consideration and still wishes to pursue the subject Special Permit request. The
applicant will reassess his plans as needed in the future should the viability of the parking lot
diminish.
• We appreciate being informed that the Division of State Parks has been granted approval to
solicit a Mobile Food Service. The applicant has taken this information into consideration. As
the applicant has already been granted an agricultural-based commercial operations certificate
to establish a food truck on his property, his food truck is not part of the subject Special Permit
request and is separate from the proposed parking lot.
We trust that this letter sufficiently addresses the comments provided. 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
Land Planning Hawai‘i LLC
EXHIBIT A
To: Windward Planning Commissioners
c/o Planning Department
COH PLANNING DEPTEastHawaiiOfficeAPR12024AM$:322101PauahiSt. Suite 3
Hilo, Hawaii 96720
From: Mamolani King REC'D BAND DELIVEREDP. O. Box 831093
Pepeekeo, Hawaii 96783
Re: Special Permit Application
PL-SPP-2024-000062)
CC: wpctestimony@Hawaiicounty.gov
Aloha kakou! I am writing to you to express my adamant opposition to
expanding the offensive, unsightly cement eyesore with storage trailer, water tank,
porta-potties and a food trailer on TMK (3) 2-8-010:014 next to Akaka Falls State
Park. Many of my friends in the neighborhood and acquaintances from the greater
East Hawaii community are also opposed to the expansion and commercialization
of this parking area and "restaurant".
The Special Permit application, PL-SPP-2024-000062 being considered by
you, the Windward Planning Commission, is misleading in many, many ways. The
project is far from being low impact as it is claimed in the application. Nor would
it "retain the essential character of the land".
First, on Page 4, lines 7-8 of the special permit application references an
11,500 square foot concrete pad already developed on the property. (This is part of
the eyesore mentioned in paragraph one above.) Question: How was this cement
pad constructed on state agricultural zoned property to begin with? To repeat
throughout the application that the soil within the special permit area is "C" (fair)
or "D" (poor) is highly misleading. According to a map included in the application,
the soil is rated C. The NRCS (US Department of Agriculture Natural Resourrce
Conservation Service considers "prime farmland". I myself farm on soil type "C"
with amazing productivity despite no additional inputs such as commercial
fertilizer.
Tirtha Luitel, the applicant, along with Suresh Neupane, was granted an
Agricultural-Based Commercial Operation (ABCO) in August 2020, for a
restaurant composed of two mobile food service trailers structurally connected
with a covered platform deck. However, on Page 4 of the Special Permit
application, lines 16-17 state "construction of the restaurant will likely take at least
two years to complete". It seems to me strange that the linking of two mobile food
trailers would take so long... unless another type of commercial restaurant is being
planned by a future special permit application.
Also bothersome here is that the ABCO description by Mr. Luitel
anticipated 20 cars per day for 15 parking spaces, and the special permit
application as written by Land Planning Hawaii LLC, anticipates only 49 cars all
day for 49 parking stalls. (Note here that Land Planning Hawaii LLC is the
company which the Director of the Planning Department, Zendo Kern, owns or
works for when he is in private practice.)
To continue: Most visitors to Akaka Falls stay for less than an hour, which
could then total as many as 500 cars in a day in a 49 stall parking lot covering
16,500 square feet. (A little less if the two food trailers occupy eight stalls.)
Luitel and Neupane's ABCO plan had two porta-potties for customers of 15
parking spaces. How many more would be needed for as many as one to two
thousand parking clients of 41-49 parking stalls, not to mention the additional
restaurant clients arriving from the state parking lot or parking along the road?.
Diamond Parking attendants of the state parking lot have been told that the new
commercial lot on the Luitel and Neupane property will be for buses and vans
which is not mentioned at all in the special permit application. The original ABCO
permit mentions 10 tables for the two food service trailers. How many more would
be needed in the new commercial parking lot, along with water tanks and storage
trailers? The supporting clutter of the original ABCO is already horribly visually
unsightly, and will only get worse with a larger parking lot.
On Page 13, the applicant claims that "the proposed action will retain the
essential character of the land..." and I am wondering how this can be done by
covering the land with 16,500 square feet of concrete and a mass of porta-potties,
food storage trailers, water tanks, buses and vans and 500 cars per day.
On Page 13, it is also claimed that the proposed parking lot would support
the economy through the purchase of construction materials and labor, estimated at
500,000.... a valuable resource to the community." I would like to point out that
the community" is a large population of struggling local residents who bring their
children to "Animal Falls Road" to see farm animals and for a no-cost hike to a
spectacular, and to us, a sacred waterfall of overpowering mana. Locals park on the
street because they cannot or will not pay for parking. I was told by a parking
attendant in the state lot in December that residents had to pay $5 to park and
tourists $10, despite the DLNR website which says that resident parking at Akaka
Falls is free. Therefore, my grandsons and I parked along the roadside. Hawaii
residents (a.k.a. locals) will continue to park on the road despite an additional paid
parking lot until the state fulfills its duty to its constituents and guests by providing
proper, fee-less parking in the State Parking Lot.
Pages 15 and 16 of the Special Permit application are so full of bogus claims
that it is an embarrassment:
No significant visual impacts are expected to occur as the parking lot is
low-lying in nature."
With regard to historic sites, although no commissioned archaeological
survey of the site was conducted, it is highly unlikely that any historic sites would
be found in the special permit area of the property"... because it has already been
bull-dozed and partially covered with cement!
The General Plan also emphasizes that developments be mindful of an
area's natural beauty"... which is true of the General Plan but not of this expanded
commercial parking lot on private agriculturally zoned land.
Page 19: See 3H. Valued Cultural Resources..."Specifically, there must be a
discussion of the cultural, historical, and natural resources and associated
traditional and customary practices of this site." I agree... let's discuss it with
people of the land. To continue: "No known archaeological sites, historical, or
cultural resources are known to be located on the property" [92.8 acres]. It is not
known whether the subject site or immediate area was ever used for traditional and
customary rights by native Hawaiians."... People of the land would know but
perhaps not foreign land owners or Caucasian American settlers (a.k.a. malihini).
However, in the event of documented claims of gathering or access are made of
this site the applicant will honor them."
Page 19, see 3I: Public Access —"The subject parcel is not adjacent to or
near any shoreline or mountainous areas,..." However, it is adjacent to the most
sacred waterfall in all Hawaii. To ignore that significance to the people of this land
is to disrespect native Hawaiians and long time residents of the Hawaiian Islands.
Ua mau ke 'la o ka aina i ka pono!
From:Megan Isaac
To:WPCtestimony
Subject:Objection to APPLICANT : TIRTHA LUITEL PL-SPP-2024-000062
Date:Wednesday, April 3, 2024 10:55:28 PM
Attachments:APPLICANT - TIRTHA LUITEL PL-SPP-2024-000062 .pdf
Windward Planning Commission
4/3/24
From: Megan Isaac , Hilo Resident /Bnb operator
APPLICANT : TIRTHA LUITEL PL-SPP-2024-000062
I wish to file an objection to this submission due to the negative visual and environmental impact of an 18,000 sq
foot parking lot.
I have concerns for the visual impact on a nature area that is a famous Big Island landmark.
An 18,000 sq foot parking lot has a capacity that doesn’t reflect the narrow road access to the lot or the narrow
pathway and limited capacity of the Akaka Falls trail.
It will be irresponsible to approve this and there are objections to the degree of impact this will have due to traffic
congestion in the town of Honomu which has several sharp turns and a difficult entrance onto a highway. Please do
not approve this parking lot as it is not in keeping with the appropriate scale of development suited for this area.