HomeMy WebLinkAboutPD Background Report Maurice & Jiranan Thomas Trusts (PL-SPP-2025-000105)-1-
B.ThomasTrustsAmendSPP
COUNTY OF HAWAIʻI PLANNING DEPARTMENT
BACKGROUND REPORT
MAURICE & JIRANAN THOMAS TRUSTS
SPECIAL PERMIT APPLICATION NO. PL-SPP-2025-000105
(AMEND PL-SPP-2022-000017)
MAURICE & JIRANAN THOMAS TRUSTS has submitted an application to amend Special
Permit PL-SPP-2022-000017, to allow a 3-year time extension to obtain a Certificate of
Occupancy for an existing warehouse and office facility for warehousing, distribution and
administrative operations related to retail and service activities in Orchidland Estates and Volcano
Village on 1.045 acres of land in the State Land Use Agricultural district. The subject property is
located at 16-1695 34th Avenue, at the southeast corner of its intersection with Orchidland Drive,
Orchidland Estates, Puna, Hawai‘i, TMK: (3) 1-6-009:385.
APPLICANTS’ REQUEST
1. Request: The applicant is requesting an amendment to Special Permit No.
PL-SPP-2022-000017, to allow a 3-year time extension to Condition 4 to secure a
Certificate of Occupancy for an existing warehouse and office facility and related
improvements for warehousing, distribution and administrative operations related to retail
and service activities in Orchidland Estates and Volcano Village on 1.045 acres of land in
the State Land Use Agricultural district. The condition currently states: “Within ninety (90)
days of the approval of this permit, the Applicant shall complete the installation of a
Department of Health-approved wastewater disposal system capable of supporting the
approved use. Within one year of the approval of this permit, the applicant shall finalize
any required building improvements and obtain a Certificate of Occupancy to change the
use of the structure from an agricultural storage building to a commercial/ industrial
warehouse.”
The existing 8,160-square foot building (currently permitted by the DPW-Building
Division as an agricultural storage facility), houses 7,200 square feet of warehouse and
distribution space and 960 square feet of administrative office space. An existing asphalt
parking area can accommodate 10 standard-sized parking stalls and space for a loading
area. The warehouse facility currently accommodates a wide range of hardware products,
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food, and liquor/beer that supports the applicants’ general store operations located on the
adjacent property as well as their hardware store and restaurant operations in Volcano
Village. Ice is also being manufactured and stored at this facility within a refrigerated
storage container for distribution to the applicant’s various businesses.
The warehouse operation currently handles deliveries/stock as follows:
▪ Only one (1) large (8-foot by 40-foot) container shipment arrives each month at this
warehouse facility providing products to support the applicant’s True Value Hardware
retail operations.
▪ Once the container shipment is unloaded and transported into the warehouse facility,
the products are segregated and then transported to the applicant’s businesses in
Volcano via smaller delivery vans, which amounts to approximately 12 daily deliveries.
▪ As the Orchidland General Store is situated immediately to the east (makai) of the
subject property and existing warehouse facility, the transport of products from the
warehouse is directly via an existing dock situated between the two properties, with the
use of forklifts and hand trucks to carry products.
2. Purpose for the Request: The applicant continues to use the property and structure for
administrative, warehousing and distribution operations associated with the applicant’s
commercial retail and service activities located in both Orchidland Estates Subdivision
(Orchidland General Store/True Value Hardware) and Volcano Village (True Value
Hardware store and Thai Thai Bistro & Bar). The primary reason for the delay in permitting
is due to retaining a licensed professional to produce the required plans. The applicant
states that the architect was not retained until December 2023 and delayed further securing
the services of an electrical engineer.
3. Employees: The warehouse facility is staffed by eight (8) employees: three (3)
administrative employees, four (4) warehouse employees and one (1) driver.
4. Hours of Operation: Existing administrative, warehousing and distribution activities
occur seven (7) days a week from 6:00 am to 6:00 pm. The applicant intends to continue
these hours.
5. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1 – Special Permit Application dated
September 12, 2025).
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6. Landowners: Maurice R. Thomas Trust and Jiranan Thomas Trust.
BACKGROUND INFORMATION
7. July 3, 2003: Building Permit No. 31370 issued to allow the construction of a new dwelling
on the subject property. This dwelling was never constructed, and the permit was cancelled.
8. July 15, 2003: Building Permit No. 31453 issued to allow the construction of a 60-foot x
120-foot steel agricultural storage building with workroom, office, 1 ½ bathrooms, and a
12-foot x 60-foot loading dock with ramp. The permit was finalized on May 18, 2010.
9. June 7, 2005: Building Permit No. B2005-1402H issued for the construction of an addition
to the agricultural storage building to convert a sidewalk to be part of the enclosed area to
accommodate its existing administrative operations.
10. January 25, 2022: The Planning Department sent a warning letter to the applicant in
response to a complaint alleging that the applicant was operating a commercial
warehousing/storage facility by storing and distributing retail products to retail
establishments on the adjacent parcel. The applicant also received two (2) time extensions
from the Planning Department to allow for time to submit a Special Permit application,
including the latest one via letter dated May 16, 2022, requiring the applicant to submit a
Special Permit application no later than June 30, 2022.
11. June 13, 2022: Date the Planning Department received the original Special Permit
application.
12. October 6, 2022: The Windward Planning Commission approved the Special Permit with
a condition to finalize a building permit and secure a certificate of occupancy for the
warehouse structure within 1 year, by October 11, 2023.
13. January 5, 2023: State Department of Health-Wastewater Branch approved the new septic
system.
14. May 8, 2023: Final Plan Approval issued (see Exhibit E in the Application).
15. November 7, 2023: Applicant’s submitted a request for an administrative time extension,
however, the Planning Department failed to respond to the request.
16. May 5, 2025: Building Permit PW.B2025-001712 to change the use from an agricultural
storage building to a warehouse was applied for with DPW-Building Division. This permit
has not yet been finalized.
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STATE AND COUNTY PLANS
17. State Land Use (SLU) District: Agricultural District.
18. County Zoning: A-3a; Agricultural 3-acres.
19. General Plan (LUPAG) Map Designation: Medium Density Urban (MDU). The MDU
designation allows village and neighborhood commercial and single family and
multiple family residential and related functions (multiple family residential -- up to
35 units per acre).
20. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaiʻi
County Council, Ordinance 08 116, on September 10, 2008. The subject parcel is located
within the projected Orchidland Neighborhood Village Center, an area identified by the
PCDP as “located along Orchidland Drive from Highway 130 to halfway between 34th and
35th Avenues”, which encompasses 15 parcels and an area of about 16 acres.
21. Special Management Area (SMA): The subject property is located approximately four
and a half (4.5) miles from the nearest coastline and is not within the Special Management
Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
22. Project Site: The subject 1.045-acre parcel is rectangular in shape and situated at the
southeast corner of its Orchidland Drive/34th Avenue intersection within the Orchidland
Estates Subdivision. The property is improved with an 8,160-square foot, steel-building
that was permitted as an agricultural storage building, which has been used as a warehouse,
distribution, and administrative office building. The warehouse facility, asphalt driveway,
asphalt parking area and other associated improvements are largely concentrated within the
southern half of the subject property, with the remaining portion fronting Orchidland Drive
cleared, especially along its border with Orchidland Drive. The entire property is bordered
by a low rock retaining wall that is then topped with chain link fencing. According to the
Department of Public Works-Building Division, no building permit was ever issued for the
change in occupancy from agricultural storage to warehousing/distribution/office use, thus
a change of use building permit is required to change the occupancy.
23. Surrounding Zoning/Land Uses: All properties surrounding the subject parcel are zoned
A-3a. The area is characterized by a mix of farms, single-family residences, a commercial
center (Orchidland Estates Convenience Center), a church and vacant, undeveloped parcel.
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The Orchidland Estates Convenience Center includes a convenience store and gas station,
in addition to Blane’s Drive Inn and the Orchidland General Store/True Value Hardware.
24. U.S.D.A. Soil Type: (rLV) Lava Flows Aʻa. This lava has very little soil covering and is
bare of vegetation, except for mosses, lichens, ferns and small ʻōhiʻa trees.
25. Land Study Bureau Soil Rating: Soils within the project site are classified as “E” or
“Very Poor” for agricultural productivity.
26. ALISH: Unclassified.
27. Flood Zone: The Federal Emergency Management Agency’s Flood Insurance Rate Map
(FIRM) designates the area of the proposed development to be in Zone X (areas outside of
500-year floodplain). According to the applicant, there are no identified drainage ways
through the site. According to DPW-Engineering Division a drainage report was approved
on March 21, 2023, and has not been completed. The applicant states that the improvements
have been completed and will schedule a final inspection.
28. Flora/Faunal Resources: There was no professional survey conducted of the floral and
faunal resources for the subject property. However, as the area has been cleared, graded,
and developed with a warehouse structure, the applicant does not believe that rare or
endangered floral or faunal resources are likely to be found within or proximate to the
subject property.
29. Archaeological/Cultural/Historical Resources: According to the applicant, no
archaeological inventory survey of the property was conducted due to the significantly
developed nature of the property. Furthermore, past ground disturbance activities within
the property, which included backfilling, would indicate that the potential for subsurface
archaeological resources is unlikely. The subject site is not adjacent to or proximate to the
shoreline. As such, fishing and/or coastal access is not an issue. It is not known whether
the subject property or immediate surrounding area have ever been used for the gathering
of plants by native Hawaiians. However, it would appear very unlikely that the site would
serve such purpose today and/or in the recent past given the property’s intensively
disturbed condition.
30. Public Access: There is no coastal or mountain access through the subject property.
PUBLIC SERVICES AND FACILITIES
31. Access: The subject parcel originally took access via 34th Street, which is owned and
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maintained by the Orchidland Community Association (OLCA). The applicant has since
abandoned this existing driveway and constructed a new driveway access directly from
Orchidland Drive, also owned and maintained by the OLCA. In the vicinity of the subject
parcel, Orchidland Drive has a pavement width of approximately 24-feet wide within a 60-
foot-wide right-of-way. Maintenance of the roads are funded through Mandatory Road
Maintenance Assessment (MRMA) fees charged to landowners of the subdivision.
32. Traffic: According to the applicant, current operations at the warehouse facility involves
employees, currently numbered at eight (8), arriving before 6:00 am and departing after
6:00 pm, seven (7) days a week. During warehouse operational hours, 12 deliveries are
made to their businesses in Volcano Village throughout the day via smaller delivery vans.
Large (40-foot) container deliveries occur about once per month, having minimal impact
upon traffic. The applicant does not believe that the volume of traffic generated by the
existing warehouse operations will have a detrimental effect upon traffic movements along
Orchidland Drive or at its intersection with the Keaʻau-Pāhoa Road. By letter dated August
30, 2022, the State Department of Transportation (DOT) indicated that it had no objections
to the Special Permit and determined that, “based on 12 vehicle trips per day to be
generated by the proposed operation described in the application, it appears that the
project will have no significant impacts to the nearby state highway facilities.”
33. Water: According to the applicant, the subject property is currently served by a 2-inch
master meter with a 400 gallons per day (GPD) average. The applicant has also stated that
they will comply with all requirements of the Fire Department for providing adequate fire
suppression and access. According to a 2022 memo from the Department of Water Supply
(DWS), water demand calculations included in the original special permit request indicated
an average daily usage of 100 gallons per day (gpd) or one equivalent unit of water a 400
gpd. Thus, the existing 2-inch meter serving the property is adequate to accommodate the
proposed demand.
34. Wastewater: The previous cesspool on the subject property serving the wastewater needs
of the warehouse facility has been abandoned and replaced with a new septic system that
has been certified by the State Department of Health by letter dated January 5, 2023 (see
Exhibit D in Application).
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35. Solid Waste: There is no municipal solid waste collection in the County. According to the
applicant, any solid waste generated by the warehouse operations is currently being
disposed of by a commercial waste disposal company.
36. Other Essential Utilities and Services: Electric, telephone, and internet services are
available to the site and are currently supporting the existing warehouse use. Police, fire,
and medical services are available nearby in Keaʻau and Pāhoa.
AGENCIES’ COMMENTS
37. Department of Water Supply: (Planning Department Exhibit 2 – September 1, 2022,
2025 Memo & October 26, 2025 memo)
38. Department of Public Works – Engineering Division: (Planning Department Exhibit
3 – October 21, 2025 Memo)
39. Department of Public Works – Building Division: (Planning Department Exhibit 4 –
October 6, 2025 Memo)
40. State Department of Health: (Planning Department Exhibit 5 – September 29, 2025
Memo)
AGENCIES – NO COMMENTS/CONCERNS
41. Police Department.
AGENCIES – NO RESPONSE
42. Department of Environmental Management, Fire Department, DLNR-Land Division, State
Department of Transportation, State Office of Planning and Sustainable Development,
State Land Use Commission, Department of Agriculture, Orchidland Community
Association.
APPLICANT’S RESPONSE TO AGENCY COMMENTS
43. Letter dated October 28, 2025, from applicant to Planning Department: (Planning
Department Exhibit 6)
PUBLIC COMMENTS
44. Letter dated October 9, 2025, from JD Watumull to Planning Department: (Planning
Department Exhibit 7)
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN.ARAI@OUTLOOK.COM
September 12, 2025
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Darrow:
Subject: Amendment (time extension) to Special Permit PL-SPP-2022-000017
Applicant: Maurice and Jiranan Thomas Trusts
Approved use: To allow for the continued use of an unpermitted 8,160 square foot
warehouse, distribution and administrative office facility and related facilities
in support of Applicant’s businesses
TMK: 1-6-009: 385; Orchidland Estates Subdivision, Puna
At its meeting of October 6, 2022, the Windward Planning Commission approved the
above-described Special Permit to allow for the continued use of an unpermitted 8,160 square
foot warehouse, distribution and administrative office facility and related facilities in support of
Applicants’ businesses, all of which are located upon 1.045 acre of land within the Orchidland
Estates Subdivision.
The Applicants’ have made sincere and diligent efforts to secure all necessary approvals
to allow for the continued use of the existing facility, but delays primarily associated with plan
design and its permitting have frustrated their ability to comply with the conditions of the Special
Permit in a timely manner. Therefore, on behalf of the Applicants, we hereby request an
amendment to secure this additional time.
Pursuant to your application requirements to be filed via the EPIC system, please find
accompanying this letter the following:
a.Landowner authorization;
b.Discussion of the request and information that includes a location map and site plan; and
c.List of the surrounding property owners within 500 feet of the subject property;
Should you have questions on this matter, please feel free to contact me. Thank you very
much.
Sincerely,
Daryn Arai
copy via email: Maurice and Jiranan Thomas Trusts
SUPPORTING INFORMATION
REGARDING AMENDMENT TO SPECIAL PERMIT PL-SPP-2022-000017
APPLICANTS: MAURICE AND JIRANAN THOMAS TRUSTS
Affecting Tax Map Key: (3) 1-6-009: 385; Orchidland Estates Subdivision, Puna
A. REQUEST
o Applicants’ Request.
On October 6, 2022, the Windward Planning Commission approved Special
Permit PL-SPP-2022-000017 (refer to EXHIBIT B) to allow for the continued operation of
an unpermitted warehouse, distribution and administrative office facility (hereinafter
referred to simply as “warehouse”) that supports the Applicants’ commercial retail and
service operations in both Orchidland Estates Subdivision and Volcano Village. The
affected 1.045-acre property (“Project Site”) is situated within the State Land Use
Agricultural District and securing a Special Permit was necessary in order to allow for its
continued operations.
The Applicants’ architectural consultant was retained in December 2023 after an
almost one-year search for an architect or engineer able to prepare the necessary plans
and undertake the permitting requirements. Further delays were encountered in
securing the services of an electrical engineer to sign off on the electrical plans. These
unexpected delays associated with the after-the-fact design of building, plumbing and
electrical systems associated with the existing warehouse facility prevented the
Applicants from securing a Certificate of Occupancy to change the use of the structure
from an agricultural storage building to a commercial/industrial warehouse by its
October 6, 2024 deadline as required by the Special Permit.
Therefore, the Applicants submits this request to amend Condition 4 of Special
Permit PL-SPP-2022-000017 to allow for an extension of time of three (3) years by which
to secure a Certificate of Occupancy for the commercial/industrial warehouse. If
approved, this will allow for a new deadline of October 6, 2027.
B. LOCATION OF PROJECT SITE AND LANDOWNERSHIP
2. Location of Property
The Project Site is situated within the Orchidland Estates Subdivision in the Puna
District, an approximately 14-mile drive from Downtown Hilo. Orchidland Estates
Subdivision is situated along the west (mauka) side of the Keaau-Pahoa Road (State
Highway 130), directly across of Hawaiian Paradise Park subdivision.
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Figure 1 - Location Map
Figure 2 – Vicinity Map
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The Project Site, consisting of 1.045 acres, is located within Orchidland Estates
Subdivision and along the southeastern corner of the intersection of Orchidland Drive
and 34th Avenue, and approximately 700 feet from the Orchidland Drive-Keaau-Pahoa
Road intersection, as shown below on Figure 1-Location Map and Figure 2-Vicinity Map
above.
3. Landownership
The 1.045-acre Project Site is owned by the Maurice R. Thomas Trust and Jiranan
Thomas Trust. Both Maurice and Jiranan Thomas, as trustees, have authorized the filing
of this request to amend Special Permit PL-SPP-2022-000017 (see EXHIBIT A).
C. STATEMENT OF OBJECTIVES AND PROJECT OPERATIONAL DETAILS
1. Statement of Objectives and reasons for the request
The purpose of this request is to obtain additional time of three (3) years by
which to secure a Certificate of Occupancy for the existing warehouse so that it can
continue support operations related to the Applicants’ current retail operation, the
Orchidland General Store, which includes a True Value Hardware retail presence.
The warehouse operations also support the Applicant’s other commercial
ventures, the True Value Hardware store and Thai Thai Bistro & Bar restaurant in
Volcano Village, located approximately 25 driving miles from the Project Site via Keaʻau.
Therefore, the need to secure a Certificate of Occupancy for the warehouse is
vital to the operations of multiple businesses in both Orchidland Estates and in Volcano.
The Applicants simply did not anticipate the difficulties associated with the preparation
of plans and permitting associated with the existing warehouse facility.
2. Project Structural and Operational Details (see Figure 3 – Site Plan and EXHIBIT C-Site
photos)
a. Overall Intent and Scope: to allow for the continued use of a one-story (30-foot tall),
8,160 square-foot structure, for administrative, warehousing and distribution
operations associated with the Applicant’s commercial retail and service activities
located in both Orchidland Estates Subdivision and Volcano Village. This central
warehouse, distribution and administrative facility efficiently support the Applicant’s
other retail and service businesses, eliminating the need to provide additional
storage capacity at each business location, especially when similar products are
being sold at both locations of their True Value hardware operations.
b. Existing Warehouse facility: the existing 8,160 square foot warehouse, distribution
and administrative office facility consists of 7,200 square feet of warehouse and
distribution space and 960 square feet of office space. A new paved parking area
has been constructed capable of accommodating 10 standard-sized parking stalls as
well as space for a loading area.
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c. Products: the warehouse facility accommodates a wide range of hardware products,
food, and liquor/beer that supports the Applicants’ general store operations located
next door as well as their hardware store and restaurant operations in Volcano
Village. Ice is also being manufactured and stored at this facility within a
refrigerated storage container for distribution to the Applicant’s various businesses.
d. Access: access for the facility was originally provided by 34th Street, which is owned
and maintained by the Orchidland Community Association. The Applicant has since
abandoned this existing driveway and constructed a new driveway access directly
from Orchidland Drive as represented to and approved by the Windward Planning
Commission and the Planning Department.
e. Service area: the warehouse, distribution and administrative operations solely
serves the Applicant’s existing retail and service operations in both Orchidland
Estates Subdivision and in Volcano Village, which includes:
i. Orchidland General Store: Located immediately adjacent to the Project Site
on TMK: 1-6-009:386 and includes a True Value Hardware retail presence.
ii. True Value Hardware store (Volcano): owned and operated by the Applicant.
iii. Thai Thai Bistro & Bar (Volcano): owned and operated by the Applicant.
f. Days/Hours of Operation: administrative, warehousing and distribution activities
occur 7 days a week from 6:00 am to 6:00 pm.
g. Employees: the warehouse facility is staffed by three (3) administrative employees.
The warehousing and distribution operations is staff by four (4) warehouse
employees and one (1) driver.
h. Deliveries: Only one (1) large (8-foot by 40-foot) container shipment arrives each
month at this warehouse facility providing products to support the Applicant’s True
Value Hardware retail operations. Once the container shipment is unloaded and
transported into the warehouse facility, the products are segregated and then
transported to the Applicant’s businesses in Volcano via smaller delivery vans, which
amounts to approximately 12 daily deliveries.
As the Orchidland General Store is situated immediately to the east (makai) of the
subject property and existing warehouse facility, the transport of products from the
warehouse is directly via an existing dock situated between the two properties, with
the use of fork lifts and hand trucks to carry products.
3. Project Timeframe
As required by Condition 4 of the approved Special Permit, the Applicants
secured Final Plan Approval and completed installation of a septic system as well as a
new paved driveway and parking area. The Applicants had every intention of securing a
certificate of occupancy for the facility on or before the October 6, 2024 deadline.
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Figure 3 – Site Plan
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Unfortunately, design work associated with plumbing and electrical work
through their contracted license architect was significantly delayed, with such plans
recently submitted with the County for plumbing and electrical permits on May 5, 2025
(PW.B2025-001712). Given the amount of time already involved in design and
permitting, the Applicants are requesting sufficient time to secure all permits and
complete all remaining improvements by October 6, 2027.
D. STATUS OF COMPLIANCE WITH CONDITIONS OF SPECIAL PERMIT PL-SPP-2022-000017
The discussion below provides an update on the Applicants’ efforts to satisfy all
requirements and conditions of the Special Permit approved by the Windward Planning
Commission on October 6, 2022:
1. The applicant(s), its successor(s) or assign(s) (“Applicant”) shall be responsible for
complying with all of the stated conditions of approval.
Applicants’ response: The Applicants continues in their effort to comply with all
requirements of the Special Permit, with the exception of Condition 4 to secure a
Certificate of Occupancy for the existing warehouse by October 6, 2024. This
amendment request is their effort to resolve this issue by hopefully securing a new
deadline of October 6, 2027.
2. The proposed warehouse use shall be conducted in a manner that is substantially
representative of plans and details contained within the Special Permit Application
dated June 13, 2022, any supplemental material, and the representations made before
the Windward Planning Commission. Any expansion of uses or operation beyond what is
represented in this document shall require an amendment to this permit.
Applicants’ response: The Applicants continue to operate the existing warehouse
facility in the manner as represented within Special Permit PL-SPP-2022-000017 and
before the Windward Planning Commission, as represented in Section C.2 of this report.
3. An individual wastewater system(s) shall be installed, and permitted for the proposed
use, meeting with the approval of the State Department of Health.
Applicants’ response: A new septic system was install and certified by the State
Department of Health on January 5, 2023 (refer to EXHIBIT D).
4. Within ninety (90) days of the approval of this permit, the Applicant shall complete the
installation of a Department of Health-approved wastewater disposal system capable of
supporting the approved use. Within one year of the approval of this permit, the
Applicant shall finalize any required building improvements and obtain a Certificate of
Occupancy to change the use of the structure from an agricultural storage building to a
commercial/ industrial warehouse.
Applicants’ response: As mentioned above, a new septic system was installed and
certified by the State Department of Health on January 5, 2023. However, it has taken
an unexpected amount of time for the Applicants’ architect to prepare the necessary
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drawings and to apply for the necessary electrical and plumbing permits. These permit
applications were submitted on May 5, 2025 and awaiting processing by the County.
5. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70, Chapter 25
(Zoning Code), Hawaiʻi County Code. Plans shall identify all existing and/or proposed
structure(s), paved driveway access and paved parking stalls associated with the
proposed development. Landscaping shall be indicated on the plans for the purpose of
mitigating any adverse noise or visual impacts to adjacent properties in accordance with
the requirements of Planning Department’s Rule No. 17 (Landscaping Requirements)
and Chapter 25 (Zoning Code), Hawai‘i County Code. Privacy slats shall be installed and
maintained in the existing fence from the base to its current height along the southern
boundary line to provide an opaque visual barrier between the proposed use and
neighboring property. Front yard landscaping shall be applied to the west property line
(along 34th Avenue) as provided for in Planning Department Rule No. 17.
Applicants’ response: Final Plan Approval was secured from the Planning Department
on May 8, 2023 (refer to EXHIBIT E).
6. Hours of operation shall be limited to between 6:00 am and 6:00 pm daily.
Applicants’ response: Operations at the warehouse are limited to the hours of 6:00am
to 6:00pm, daily.
7. Prior to issuance of a Certificate of Occupancy, the applicant shall provide fire
protection measures appropriate for the proposed use, meeting with the approval of
the Fire Department.
Applicants’ response: The Applicants and their architect will comply with applicable Fire
Code requirements prior to the issuance of a Certificate of Occupancy for the facility.
8. The method of solid waste disposal shall meet with the requirements of the Department
of Environmental Management-Solid Waste Division.
Applicants’ response: All solid waste generated by the facility is transported by a
commercial waste disposal company for proper disposal.
9. Any development-generated runoff shall be disposed of on site and not directed toward
any adjacent properties.
Applicants’ response: As part of the Plan Approval process, a drainage report was
developed and approved by the Department of Public Works with the system installed
upon completion of the paved parking and loading area (refer to EXHIBIT F).
10. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawaiʻi County Code.
Applicants’ response: This was satisfied as part of the approved Drainage Report and
the completion of all required drainage system improvements.
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11. The warehouse operation shall comply with requirements of Hawaiʻi Administrative
Rules (HAR) Chapter 11-50, Food Safety Code.
Applicants’ response: The Applicants remain in compliance with these requirements.
12. In the event that surface or subsurface historic resources, including human skeletal
remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits,
marine shell concentrations, sand deposits, or sink holes are identified during the
demolition and/or construction work, the Applicant shall cease work in the immediate
vicinity of the find, protect the find from additional disturbance and contact the State
Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon
an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
Applicants’ response: No inadvertent historic resources were encountered during
construction of the driveway, parking area, septic and drainage systems.
13. The Applicant shall comply with all applicable County, State and Federal laws, rules,
regulations, and requirements.
Applicants’ response: The Applicants continue to adhere to applicable regulations.
14. An initial extension of time for the performance of conditions within the permit may be
granted by the Planning Director upon the following circumstances:
A. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicants, successors, or assigns, and that are not
the result of their fault or negligence.
B. Granting of the time extension would not be contrary to the General Plan or Zoning
Code.
C. Granting of the time extension would not be contrary to the original reasons for the
granting of the permit.
D. The time extension granted shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year may be
extended for up to one additional year).
Applicants’ response: A request for an initial extension of time was submitted by the
Applicants on November 7, 2023 (PL-INT-2023-006388). The Applicants now realize that
they never received a response to this request, and they apologize for this oversight.
15. A monthly progress report shall be submitted to the Planning Director by the end of
each month that shall include, but not be limited to, the extent to which the conditions
of approval are being complied with. This condition shall remain in effect until all of the
conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required.
Applicants’ response: The Applicants were diligent in the submittal of their monthly
reports for over 2 years until that responsibility was taken over by their architectural
consultant, as the Planning Department was duly informed via email on April 4, 2024.
Unfortunately, we understand that since this hand-off, the monthly reports have not
8 | P a g e
been submitted. The Applicants apologize for this oversight and ask that the
Commission accept this amendment report as its current update on the project.
16. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate procedures to revoke the permit.
Applicants’ response: The Applicants acknowledge their responsibilities under this
Special Permit and will make every effort to remain in compliance with the terms of this
permit.
E. STATEMENT IN SUPPORT OF GRANTING A TIME EXTENSION TO SPECIAL PERMIT
The Applicants respectively submits that this request for a time extension will allow
sufficient time for securing all necessary building-related permits and to secure a Certificate
of Occupancy as required by Condition 4 of the Special Permit, which would align this
approved use with the original reasons for the granting of the Special Permit by the
Windward Planning Commission on October 6, 2022, which found that:
1. The proposed use is an unusual and reasonable use of land situated within the State
Land Use Agricultural District and would promote the effectiveness and objectives of
the State Land Use Law and Regulations and Chapter 205, HRS, as amended. The State
Land Use Law and Regulations are intended to preserve, protect, and encourage the
development of lands for those uses to which they are best suited in the interest of the
public welfare of the people of the State of Hawaiʻi. In the case of the Agricultural
District, the intent is to preserve or keep lands of high agricultural potential in
agricultural use. The Commission found that approval of the requested warehouse use
is considered an unusual and reasonable use of agricultural lands. The proposed
continuation of a warehousing, distribution, and administrative operations on the 1.045-
acre parcel is unusual in that it is not an agricultural use of the subject property. It is
reasonable in the Agricultural District because the property has been previously cleared
and largely developed with the warehouse use for nearly 20 years. Furthermore, given
its poor soil characteristics, the continued use of the property as proposed will not
compromise the inventory of valuable agricultural lands on the island and thus will not
be contrary to the objectives sought to be accomplished by State Land Use law and
regulations. Approval of the requested time extension will fulfill the finding of the
Commission that this warehouse use will promote the effectiveness and objectives of
the State Land Use Law.
2. Such use would not be contrary to the objectives sought to be accomplished by the
Land Use Law and Regulations. The State Land Use Law and Regulations are intended
to preserve, protect, and encourage the development of lands for those uses to which
they are best suited in the interest of the public welfare of the people and the State of
Hawaiʻi. In the case of the Agricultural District, the intent is to preserve or keep lands of
high agricultural potential in agricultural uses. The subject property is not considered to
have high agricultural potential from a resource perspective due to the soil type and its
low productivity rating, which is typically used for grazing pasture lands and not
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agriculture. Furthermore, the property has largely been cleared and developed with the
proposed warehouse structure. As evaluated above, granting of additional time to
properly permit the proposed warehouse use is considered an unusual and reasonable
use of agricultural land that will not adversely affect the preservation of lands with high
agricultural potential in the County of Hawaiʻi. While the property is designated for
agricultural use by both the State and zoned for agriculture by the County, it is
envisioned in both the General Plan and Puna Community Development Plan as a
commercial node and village center. This area has historically been developed with
Special Permits for a number of commercial and community service activities, rather
than rezoning due to the challenges of implementing infrastructure, such as water
availability and roadway improvements, required for rezoning. Thus, the establishment
of the proposed use will not be contrary to the objectives sought to be accomplished by
the State Land Use Law and Regulations.
3. The desired use would not adversely affect surrounding properties. Most of the
immediately surrounding properties are zoned Agricultural (A-3a) and are over one acre
in size. This area has been developed for decades as the commercial hub/village center
in the area with a commercial center (Orchidland Estates Convenience Center) directly
adjacent to the subject property, a restaurant, a church, and most recently a Special
Permit was issued for a public charter school kitty corner across Orchidland Drive.
Other uses in the immediate area are characterized by a mix of farms, single-family
residences, and vacant, undeveloped parcels. The nearest dwelling is located
approximately 50-feet adjacent to the south of the subject property. Aside from the
complaint which preceded the warning letter for the unpermitted use, the Planning
Department has no record of other community complaints. As represented by the
Applicants, they have since abandoned the driveway access on 34th Avenue and
constructed a new driveway from Orchidland Drive as well as continue to contribute
funds for Orchidland Drive improvements/maintenance. Additionally, the Applicants
have adhered to a condition of approval that limits operations during daylight hours
(6:00 am to 6:00 pm) and in order to mitigate any adverse noise, dust, or visual impacts
to adjacent properties, secured Final Plan Approval that requiring paving a new
driveway and parking area. Furthermore, the Applicants have installed privacy slats in
the existing fence along the southern property boundary to provide a solid (opaque)
visual barrier between the warehouse use and the adjacent property, which contains a
dwelling. Finally, front yard landscaping pursuant to Planning Department Rule 17 along
the west (34th Avenue) property frontage has been installed.
4. Such use shall not unreasonably burden public agencies to provide roads and streets,
sewers, water, drainage, school improvements, and police and fire protection. The
subject parcel has abandoned its previous driveway on 34th Avenue in lieu of a new
driveway connection with Orchidland Drive, which is privately owned and maintained by
the Orchidland Community Association (OLCA) through the assessment and collection of
road maintenance fees from lot owners within the subdivision, including Commercial
Mandatory Road Maintenance Assessment fees paid by the applicant and other
commercial lot owners in this area. As the roadway is privately maintained, there will
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be no impact on the County to maintain roadways for the proposed use. Traffic on
Orchidland Drive is made up primarily of residents of the area and users of the
shopping/commercial area east of the subject parcel. The current operation has not
generated a significant amount of traffic to the area, which consists of monthly large
(40-foot) container deliveries to the property and 12 daily deliveries via delivery vans to
the applicant’s businesses in Volcano Village. Finally, employee traffic usually occurs
prior to 6:00 am and after 6:00 pm when the operations employees arrive and depart
work daily. Based on the preceding, the Planning Director believes that the volume of
traffic generated by the existing warehouse operations will not have a detrimental
effect upon traffic movements along Orchidland Drive or at its intersection with the
Keaʻau-Pāhoa Road. By letter dated August 30, 2022, the State Department of
Transportation (DOT) concurred with this finding.
One (1) unit of water at an average of 400 gallons per day (GPD) has been made
available to the property via an existing 2-inch meter, which will accommodate potable
water needs of the operation which the applicant has estimated at 100 GPD.
Additionally, as per a requirement of the Special Permit, the Applicants will comply with
all requirements of the Fire Department for providing adequate access and sufficient
quantities and flow rates of water for fire suppression.
The previous cesspool on the subject property serving the wastewater needs of the
warehouse facility has been abandoned and replaced with a new septic system that has
been certified by the State Department of Health (DOH).
The Applicants continue to comply with DOH’s Food Safety Code while also using
commercial waste disposal companies for the proper disposal of its solid waste.
Electric, telephone, and internet services are available to the site and are currently
supporting the existing warehouse use. Police, fire, and medical services are available
nearby in Keaʻau and Pāhoa.
5. Unusual conditions, trends, and needs have arisen since district boundaries and
regulations were established. In the 1960’s and 1970’s, the State’s agricultural district
boundaries and regulations were established and subsequently amended pursuant to
HRS Chapter 205. The State Land Use Commission was created in 1961 and interim
regulations and temporary district boundaries became effective in August of 1964. The
property and surrounding areas are designated for agricultural uses by both State and
County land use laws. Through the issuance of a Special Permit, a community may
establish various non-agricultural services that may not be available or allowed by
zoning. Since district boundaries were established in the 1960’s, the County has
processed a number of Special Permits to allow various commercial uses and
community service activities on properties along Orchidland Drive extending from the
highway to halfway between 34th and 35th Avenues, including a commercial convenience
center, church, restaurant, gas station, hardware store, and most recently for a public
charter school. These concentrations of urban type use lead to this area within
Orchidland Estates Subdivision to be recognized as its commercial hub by the General
11 | P a g e
Plan and as a neighborhood village center by the Puna Community Development Plan
(PCDP) which encourages concentrations of commercial uses in this particular area to
serve the surrounding community and subdivisions. Granting of the requested time
extension to secure necessary permits and complete any required improvements to
support the proposed warehouse use that will likewise support the Applicants’
businesses in the commercial center and within Volcano Village (also designated by the
PCDP as a village center), a use that is consistent with the intent of the area.
6. The land upon which the proposed use is sought is unsuited for the uses permitted
within the district. The warehouse use is situated on lands whose soils are classified as
“E” or “Very Poor” for agricultural productivity by the Land Study Bureau’s Overall
Master Productivity Rating. The Department of Agriculture’s ALISH map does not
classify the subject property as having any agricultural importance. In this case, the land
is unsuited for agricultural activities and yet is classified for such uses.
7. The use will not substantially alter or change the essential character of the land and
the present use. The existing agricultural warehouse and its proposed expanded
warehouse use has been utilized on the property for almost 20 years in support of
businesses within the Orchidland Estates Convenience Center directly adjacent to the
east of the subject property. As this particular section of Orchidland Drive has been
utilized as the area’s commercial center, the continued use of the warehouse fits the
essential character of the land.
8. Approval of this time extension request will not be contrary to the General Plan and
official Community Development Plan and other documents such as Design Plans. The
County of Hawaiʻi’s General Plan is the policy document for the long-range
comprehensive development of the island of Hawaiʻi. One of the purposes of the
General Plan is to guide the pattern of future development in this County based on long-
term goals. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map
designates the property and proposed Special Permit area as Medium Density Urban,
which allows village and neighborhood commercial and single family and multiple family
residential and related functions (multiple family residential-up to 35 units per acre).
While warehousing activities can be considered industrial in nature, it could also be
commercial in nature as it directly related to and supports the applicant’s existing
businesses in Orchidland and Volcano Village. Based on the preceding, the use is
consistent with the MDU LUPAG designation.
Additionally, the approval of the request for a time extension to allow for the proper
permitting of this warehouse facility would support the goals and policies of the Public
Facilities, Land Use and Economic elements of General Plan.
Land Use- Commercial
o Provide commercial developments that complement the overall pattern of
transportation and land usage within the island’s regions, communities, and
neighborhoods.
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o Distribution of commercial areas shall meet the demands of neighborhood,
community and regional needs.
Economic
o The County shall strive for diversification of its economy by strengthening
industries and attracting new endeavors.
o Economic development and improvements shall be in balance with the physical
and social environments of the island of Hawaiʻi.
Approval of the requested time extension to secure a certificate of occupancy for the
warehouse use is also consistent with the Puna Community Development Plan (PCDP),
which identifies the subject parcel as being located within the Orchidland Neighborhood
Village Center, an area identified by the PCDP as “located along Orchidland Drive from
Highway 130 to halfway between 34th and 35th Avenues”, which encompasses 15 parcels
and an area of about 16 acres.
A goal of the PCDP is to “facilitate land use entitlements and other tools for the
development of existing and future village/town centers and special design districts by
recommending approval of applications for commercial zoning or use permits…for
proposed uses at appropriate nearby locations, provided that the size and use of the
expansion area conforms to the criteria applicable to the type of village/town center at
that location.”
Based on the preceding, approval of the requested time extension to allow for the
proper establishment of the warehouse use is consistent with the General Plan and the
PCDP.
9. The proposed use is not contrary to the objectives sought to be accomplished by
Chapter 205A, Hawaiʻi Revised Statutes, relating to coastal zone management
program. The Special Management Area (SMA) is part of the Coastal Zone Management
Program regulated by the County. The subject property is not proximate to the
shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal
ecosystems and marine resources. Additionally, the project site is not located in the
SMA, and there is no record of a designated public access to the shoreline or mountain
areas that traverses the property. Therefore, the warehouse use, and the granting of
the requested time extension, will not be contrary to the objectives of Chapter 205A,
Hawaiʻi Revised Statutes.
10. The request will not have a significant adverse impact to traditional and customary
Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH” and ʻKa Paʻakai
O Ka ʻAina” decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
13 | P a g e
Investigation of valued resources: 1) No archaeological inventory survey or flora/fauna
study of the property was conducted due to the significantly developed nature of the
property. Furthermore, past ground disturbance activities within the property, which
included backfilling, would indicate that the potential for subsurface archaeological
resources is unlikely. Construction of the driveway and parking area and the installation
of septic and drainage systems did not encounter any historical features.
The valuable cultural, historical, and natural resources found in the permit area: The
subject site is not adjacent to or proximate to the shoreline. As such, there should be no
impact on fishing and/or coastal access. According to the Applicants, there are no
known customary or Native Hawaiian cultural rights exercised on the property.
Furthermore, there are no known archaeological or historic resources on the property
and the flora/fauna found on the property are largely introduced species consistent
with that of an urban area, thus not considered to be particularly endangered or
culturally significant.
Possible adverse effect or impairment of valued resources: Given the lack of valued
resources identified on the property, it is unlikely that such resources will be impaired.
Feasible actions to protect native Hawaiian rights and valued resources: To the extent
to which traditional and customary native Hawaiian rights are exercised, the proposed
warehouse use and the granting of a time extension to properly permit this warehouse
facility will not affect traditional Hawaiian rights and no action is necessary to protect
these rights. No unidentified sites or remains were encountered during the
construction of related improvements upon the property.
F. CONCLUSION
Based on the discussion above, the Applicant finds its non-performance with Condition
No. 4 of Special Permit PL-SPP-2022-000017 regarding the timely issuance of a certificate of
occupancy is the result of conditions that could not have been foreseen or are beyond the
control of the Applicants and that are not the result of their fault or negligence. Furthermore,
as discussed in detail above, the granting of the time extension would not be contrary to the
General Plan, Puna Community Development Plan or Zoning Code. Finally, as explained above,
the granting of the requested time extension would not be contrary to the original reasons for
the granting of the permit.
EXHIBIT A
County of Hawai‘i
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai‘i 96720 Phone (808) 961-8288 • Fax (808) 961-8742
Hawai`i County is an Equal Opportunity Provider and Employer
Dennis Lin, Chair Michelle Galimba, Vice-Chair Gilbert Aguinaldo Lauren Balog John C. Cross Louis Daniele III Wayne De Luz
Mitchell D. Roth Mayor Lee E. Lord Managing Director
Maurice and Jiranan Thomas Trusts P. O. Box 28 Volcano, HI 96785-0028 VIA EMAIL
Dear Sir/Madam: SUBJECT: Special Permit Application (PL-SPP-2022-000017) Applicant: Maurice and Jiranan Thomas Trusts Request: To Legitimize the Use of an Existing Warehouse and Office Facility
for Warehousing, Distribution and Administrative Operations Related to Retail and Service Activities Tax Map Key: (3) 1-6-009:385, Puna, Hawai‘i The Windward Planning Commission, at its duly held public hearing on October 6 2022, voted to approve the above-referenced request to legitimize the use of an existing warehouse and office facility for warehousing, distribution and administrative operations related to retail and service activities. The project site is located at 16-1695 34th Avenue, at the southeast corner of its intersection with Orchidland Drive, Orchidland Estates, Puna, Hawai‘i . Approval of this permit is subject to the following conditions: 1. The applicant(s), its successor(s) or assign(s) (“Applicant”) shall be responsible
for complying with all of the stated conditions of approval.
2. The proposed warehouse use shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit Application dated June 13, 2022, any supplemental material, and the
representations made before the Windward Planning Commission. Any expansion
of uses or operation beyond what is represented in this document shall require an amendment to this permit.
October 11, 2022
EXHIBIT B
Maurice and Jiranan Thomas Trusts
Page 2
3. An individual wastewater system(s) shall be installed, and permitted for the
proposed use, meeting with the approval of the State Department of Health. 4. Within ninety (90) days of the approval of this permit, the Applicant shall complete the installation of a Department of Health-approved wastewater disposal
system capable of supporting the approved use. Within one year of the approval
of this permit, the Applicant shall finalize any required building improvements and obtain a Certificate of Occupancy to change the use of the structure from an agricultural storage building to a commercial/ industrial warehouse.
5. Prior to construction, the Applicant shall secure Final Plan Approval for the
proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall
be indicated on the plans for the purpose of mitigating any adverse noise or visual
impacts to adjacent properties in accordance with the requirements of Planning Department’s Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai‘i County Code. Privacy slats shall be installed and maintained in the existing fence from the base to its current height along the southern boundary
line to provide an opaque visual barrier between the proposed use and
neighboring property. Front yard landscaping shall be applied to the west property line (along 34th Avenue) as provided for in Planning Department Rule No. 17. 6. Hours of operation shall be limited to between 6:00 am and 6:00 pm daily.
7. Prior to issuance of a Certificate of Occupancy, the applicant shall provide fire protection measures appropriate for the proposed use, meeting with the approval of the Fire Department. 8. The method of solid waste disposal shall meet with the requirements of the Department of Environmental Management-Solid Waste Division.
9. Any development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. 10. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai‘i County Code.
11. The warehouse operation shall comply with requirements of Hawaiʻi Administrative Rules (HAR) Chapter 11-50, Food Safety Code.
October 11, 2022
Maurice and Jiranan Thomas Trusts
Page 3
12. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at (808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 13. The Applicant shall comply with all applicable County, State and Federal laws,
rules, regulations, and requirements.
14. An initial extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances:
A. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors, or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit.
D. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 15. A monthly progress report shall be submitted to the Planning Director by the end
of each month that shall include, but not be limited to, the extent to which the
conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required.
16. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke the permit.
This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies.
October 11, 2022
Maurice and Jiranan Thomas Trusts
Page 4
Should you have any questions regarding the above, please contact Christian Kay of the Planning Department at (808) 961-8136 or by email at christian.kay@hawaiicounty.gov Sincerely, Dennis Lin, Chairman Windward Planning Commission
P\wp60\PC\PCC2022-3\LThomasTrustsPL-SPP-2022-017wpc
Enclosure: PC Findings Report
cc w/out enclosure via email: Daryn Arai, Land Use Planning Consultant
Department of Public Works Department of Water Supply County Real Property Tax Division State Department of Health State – Land Use Commission
GIS Section
October 11, 2022
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COUNTY OF HAWAI‘I PLANNING DEPARTMENT PLANNING COMMISSION FINDINGS
MAURICE & JIRANAN THOMAS TRUSTS SPECIAL PERMIT APPLICATION NO. PL-SPP-2022-000017 Based on the following findings, the request for a Special Permit to legitimize the use of an existing agricultural warehouse and office facility for warehousing, distribution and administrative operations related to retail and service activities in Orchidland Estates and Volcano
Village on 1.045 acres of land in the State Land Use Agricultural district is approved by the Planning Commission. The applicant is requesting a Special Permit to legitimize the use of an existing agricultural warehouse and office facility and related improvements for warehousing, distribution and administrative operations related to retail and service activities.
The existing 8,160 square foot building (currently permitted as an agricultural storage facility), houses 7,200 square feet of warehouse and distribution space and 960 square feet of administrative office space. An existing gravel parking area can accommodate 11, standard-sized parking stalls and space for a loading area. The warehouse facility currently accommodates a wide range of hardware products, food, and liquor/beer
that supports the applicants’ general store operations located on the adjacent property as well as their hardware store and restaurant operations in Volcano Village. Ice is also being manufactured and stored at this facility within a refrigerated storage container for distribution to the applicant’s various businesses. The warehouse facility employs eight (8) workers, and the applicant proposes to continue operating seven (7) days a week from 6:00
am to 6:00 pm. The warehouse operation currently handles deliveries/stock as follows:
Only one (1) large (8-foot by 40-foot) container shipment arrives each month at this warehouse facility providing products to support the applicant’s True Value Hardware retail operations.
Once the container shipment is unloaded and transported into the warehouse facility, the products are segregated and then transported to the applicant’s businesses in Volcano via smaller delivery vans, which amounts to approximately 12 daily deliveries.
As the Orchidland General Store is situated immediately to the east (makai) of
the subject property and existing warehouse facility, the transport of products from the warehouse is directly via an existing dock situated between the two properties, with the use of forklifts and hand trucks to carry products. Upon approval of the Special Permit, the applicant will promptly apply for Plan Approval and provide all necessary on-site improvements as may be deemed necessary.
Furthermore, the applicant will make every effort to secure the necessary building permits for a change of use of the existing structure to a warehouse and office building, and complete all required improvements in a timely manner, roughly estimated at two (2) years from the date of approval of the Special Permit. According to the applicant, the requested continued use of the property and
structure for administrative, warehousing and distribution operations associated with the
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applicant’s commercial retail and service activities located in both Orchidland Estates Subdivision (Orchidland General Store/True Value Hardware) and Volcano Village (True
Value Hardware store and Thai Thai Bistro & Bar). This central facility efficiently supports
the applicant’s other retail and service businesses, eliminating the need to provide additional storage capacity at each business location, especially when similar products are being sold at both locations of their True Value hardware operations. The applicant has indicated that the facility will only be used to support its other
commercial business listed in the application and will not expand the use beyond what is
represented. Finally, obtaining a Special Permit will legitimize the use that has been operating for nearly 20 years without the appropriate land use entitlements. The grounds for approving a Special Permit are based on Rule 6-7 in the Planning Commission Rules. It states that the Planning Commission shall not approve a Special
Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land
situated within the Agricultural or Rural District, whichever the case may be; and (b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawai‘i Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the
State Land Use Agricultural District and would promote the effectiveness and objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as amended. The State Land Use Law and Regulations are intended to preserve, protect, and encourage the development of lands for those uses to which they are best suited in the interest of the public welfare of the people of the State of Hawai‘i. In the case of the
Agricultural District, the intent is to preserve or keep lands of high agricultural potential in
agricultural use. The request is considered an unusual and reasonable use of agricultural lands. The proposed continuation of a warehousing, distribution, and administrative operations on the 1.045-acre parcel is unusual in that it is not an agricultural use of the subject property. It is
reasonable in the Agricultural District because the property has been previously cleared
and largely developed with the warehouse use for nearly 20 years. Furthermore, given its poor soil characteristics, the continued use of the property as proposed will not compromise the inventory of valuable agricultural lands on the island and thus will not be contrary to the objectives sought to be accomplished by State Land Use law and regulations.
In addition to the above listed criteria, the Planning Commission shall also consider
the criteria listed under Section 6-3(b)(5) (A) through (G). In considering the criteria, the Planning Director recommends the following: (A) Such use would not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The State Land Use Law and
Regulations are intended to preserve, protect, and encourage the development of lands for
those uses to which they are best suited in the interest of the public welfare of the people
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and the State of Hawaiʻi. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural uses.
The subject property is not considered to have high agricultural potential from a
resource perspective due to the soil type and its low productivity rating, which is typically used for grazing pasture lands and not agriculture. Furthermore, the property has largely been cleared and developed with the proposed warehouse structure.
As evaluated above, the applicants’ request is considered an unusual and reasonable
use of agricultural land that will not adversely affect the preservation of lands with high agricultural potential in the County of Hawaiʻi. While the property is designated for agricultural use by both the State and zoned for agriculture by the County, it is envisioned in both the General Plan and Puna
Community Development Plan as a commercial node and village center. This area has
historically been developed with Special Permits for a number of commercial and community service activities, rather than rezoning due to the challenges of implementing infrastructure, such as water availability and roadway improvements, required for rezoning. Thus, the establishment of the proposed use will not be contrary to the objectives
sought to be accomplished by the State Land Use Law and Regulations. (B) The desired use would not adversely affect surrounding properties. Most of the immediately surrounding properties are zoned Agricultural (A-3a) and are over one acre in size. As previously discussed, this area has been developed for decades as the commercial hub/village center in the area with a commercial center (Orchidland Estates
Convenience Center) directly adjacent to the subject property, a restaurant, a church, and
most recently a Special Permit was issued for a public charter school kitty corner across Orchidland Drive. Other uses in the immediate area are characterized by a mix of farms, single-family residences, and vacant, undeveloped parcels. The nearest dwelling is located approximately 50-feet adjacent to the south of the subject property.
Aside from the complaint which preceded the warning letter for the unpermitted
use, the Planning Department has no record of other community complaints. The applicant has represented that they will abandon the driveway access on 34th Avenue and will build a new driveway from Orchidland Drive and that they will continue to contribute funds for Orchidland Drive improvements/maintenance.
Additionally, a condition of approval will require the applicant to operate during
daylight hours (6:00 am to 6:00 pm) and in order to mitigate any adverse noise, dust, or visual impacts to adjacent properties, a condition of approval will require the applicant to secure Final Plan Approval, requiring that the applicant pave the new driveway and parking area. Furthermore, the condition will require privacy slats be installed in the existing fence
along the southern property boundary to provide a solid (opaque) visual barrier between
the warehouse use and the adjacent property, which contains a dwelling. The condition will also require front yard landscaping pursuant to Planning Department Rule 17 along the west (34th Avenue) property frontage. (C) Such use shall not unreasonably burden public agencies to provide
roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The subject parcel is accessed via an existing driveway on 34th Avenue by way of Orchidland Drive, which is privately owned and maintained by the Orchidland
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Community Association (OLCA) through the assessment and collection of road maintenance fees from lot owners within the subdivision, including Commercial
Mandatory Road Maintenance Assessment fees paid by the applicant and other commercial
lot owners in this area. As the roadway is privately maintained, there will be no impact on the County to maintain roadways for the proposed use. Traffic on Orchidland Drive is made up primarily of residents of the area and users of the shopping/commercial area east of the subject parcel. The current operation has not
generated a significant amount of traffic to the area, which consists of monthly large (40-
foot) container deliveries to the property and 12 daily deliveries via delivery vans to the applicant’s businesses in Volcano Village. Finally, employee traffic usually occurs prior to 6:00 am and after 6:00 pm when the operations employees arrive and depart work daily. Based on the preceding, the Planning Director believes that the volume of traffic generated
by the existing warehouse operations will have a detrimental effect upon traffic movements
along Orchidland Drive or at its intersection with the Keaʻau-Pāhoa Road. By letter dated August 30, 2022, the State Department of Transportation (DOT) concurred with this finding. According to the DWS, one (1) unit of water at an average of 400 gallons per day
(GPD)can be made available to the property via an existing 2-inch meter, which will
accommodate potable water needs of the operation which the applicant has estimated at 100 GPD. Additionally, a condition of approval will require the applicant to comply with all requirements of the Fire Department for providing adequate access and sufficient quantities and flow rates of water for fire suppression.
Currently there is a cesspool on the subject property servicing the wastewater needs
of the warehouse facility, however according to the State Department of Health (DOH), they did not approve of connection of the unpermitted warehouse to the existing cesspool, which is considered a violation of Section 11-62-08(b), Hawaiʻi Administrative Rules (HAR). According to DOH, the applicant will be required to retain the services of a
licensed engineer to design and a licensed contractor to construct a new wastewater system
that complies with Chapter 11-62, HAR for the subject property. The preceding will be added as a condition of approval with a tight timeline of ninety (90) days from the effective date of the permit to complete the conversion. While this timeline is aggressive, the Planning Director is recommending this
approach rather than requiring the suspension of warehouse operations until the conversion
is complete, as it would have an extremely negative impact on the applicant’s business operations in Orchidland and Volcano Village. At the same time, the building has been illegally connected to the cesspool for nearly 20 years and though the implementation of this condition, the Planning Director is making it clear that the conversion needs to be
completed quickly to protect the health and safety of employees and the public.
According to DOH, as the warehouse operation stores food for distribution to the applicant’s retail and restaurant operations, the applicant will be required to comply with DOH’s Food Safety Code. The preceding will be added as a condition of approval. According to the applicant, any solid waste generated by the warehouse operation
are currently being disposed of at County solid waste transfer stations in Keaʻau. According
to the Department of Environmental Management (DEM)-Solid Waste Division, commercial operations, among other uses, may not use transfer stations for solid waste
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disposal, thus a condition of approval will be added to require the applicant to follow DEM requirements for disposal of solid waste.
According to the Department of Public Works-Building Division, the current
structure was permitted as an agricultural storage building and no building permit was issued for a change in occupancy. They require that a change of use building permit be obtained to ensure fire, life, and safety of the occupants. A condition of approval will require the applicants to finalize building permits and secure a certificate of occupancy
withing one (1) year from the effective date of this permit. Like the wastewater conversion
discussed above, this aggressive timeframe is warranted to ensure that the structure is updated quickly to address the health and safety of the occupants and surrounding community. Electric, telephone, and internet services are available to the site and are currently
supporting the existing warehouse use. Police, fire, and medical services are available
nearby in Keaʻau and Pāhoa. (D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. In the 1960’s and 1970’s, the State’s agricultural district boundaries and regulations were established and subsequently
amended pursuant to HRS Chapter 205. The State Land Use Commission was created in
1961, and interim regulations and temporary district boundaries became effective in August of 1964. The property and surrounding areas are designated for agricultural uses by both State and County land use laws. Through the issuance of a Special Permit, a community may establish various non-agricultural services that may not be available or
allowed by zoning.
Since district boundaries were established in the 1960’s, the County has processed a number of Special Permits to allow various commercial uses and community service activities on properties along Orchidland Drive extending from the highway to halfway between 34th and 35th Avenues, including a commercial convenience center, church,
restaurant, gas station, hardware store, and most recently for a public charter school.
These concentrations of urban type uses lead to this area within Orchidland Estates Subdivision to be recognized as its commercial hub by the General Plan and as a neighborhood village center by the Puna Community Development Plan (PCDP) which encourages concentrations of commercial uses in this particular area to serve the
surrounding community and subdivisions. As the proposed warehouse use supports the
applicant’s businesses in the commercial center and within Volcano Village (also designated by the PCDP as a village center), the use would be consistent with the intent of the area. (E) The land upon which the proposed use is sought is unsuited for the uses
permitted within the district. The proposed use is situated on lands whose soils are
classified as “E” or “Very Poor” for agricultural productivity by the Land Study Bureau’s Overall Master Productivity Rating. The Department of Agriculture’s ALISH map does not classify the subject property as having any agricultural importance. In this case, the land is unsuited for agricultural activities and yet is classified for such uses.
(F) The use will not substantially alter or change the essential character of the land and the present use. The existing agricultural warehouse has been utilized on the property for almost 20 years in support of businesses within the Orchidland Estates
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Convenience Center directly adjacent to the east of the subject property. As this particular section of Orchidland Drive has been utilized as the area’s commercial center, the
continued use of the warehouse fits the essential character of the land. (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The County of Hawai‘i’s General Plan is the policy document for the long-range comprehensive development of the island of Hawai‘i. One of the purposes of the General
Plan is to guide the pattern of future development in this County based on long-term goals.
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the property and proposed Special Permit area as Medium Density Urban, which allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential-up to 35 units per acre). While
warehousing activities can be considered industrial in nature, it could also be commercial
in nature as it directly related to and supports the applicant’s existing businesses in Orchidland and Volcano Village. Based on the preceding, the use is consistent with the MDU LUPAG designation. Additionally, the approval of the subject request would support the goals and
policies of the Public Facilities, Land Use and Economic elements of General Plan.
Land Use- Commercial
Provide commercial developments that complement the overall pattern of transportation and land usage within the island’s regions, communities, and neighborhoods.
Distribution of commercial areas shall meet the demands of neighborhood,
community and regional needs.
Economic
The County shall strive for diversification of its economy by strengthening industries and attracting new endeavors.
Economic development and improvements shall be in balance with the
physical and social environments of the island of Hawaiʻi. As previously discussed, the proposed use is also consistent with the PCDP. The subject parcel is located within the Orchidland Neighborhood Village Center, an area identified by the PCDP as “located along Orchidland Drive from Highway 130 to halfway
between 34th and 35th Avenues”, which encompasses 15 parcels and an area of about 16
acres. A goal of the PCDP is to “facilitate land use entitlements and other tools for the development of existing and future village/town centers and special design districts by recommending approval of applications for commercial zoning or use permits…for
proposed uses at appropriate nearby locations, provided that the size and use of the
expansion area conforms to the criteria applicable to the type of village/town center at that
location.” Based on the preceding, the proposed use is consistent with the General Plan and the PCDP.
The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaiʻi Revised Statutes, relating to coastal zone management program. The Special Management Area (SMA) is part of the Coastal Zone Management
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Program regulated by the County. The subject property is not proximate to the shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems
and marine resources. Additionally, the project site is not located in the SMA, and there is
no record of a designated public access to the shoreline or mountain areas that traverses the property. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawai‘i Revised Statutes. The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH” and
“Ka Paʻakai O Ka ‘Aina” decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: 1) No archaeological inventory survey or
flora/fauna study of the property was conducted due to the significantly developed nature
of the property. Furthermore, past ground disturbance activities within the property, which included backfilling, would indicate that the potential for subsurface archaeological resources is unlikely. The valuable cultural, historical, and natural resources found in the permit area:
The subject site is not adjacent to or proximate to the shoreline. As such, there shold be no
impact on fishing and/or coastal access. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised on the property. Furthermore, there are no known archaeological or historic resources on the property and the flora/fauna found on the property are largely introduced species consistent with that of an urban area, thus
not considered to be particularly endangered or culturally significant.
Possible adverse effect or impairment of valued resources: Given the lack of valued resources identified on the property, it is unlikely that such resources will be impaired. Feasible actions to protect native Hawaiian rights and valued resources: To the extent to which traditional and customary native Hawaiian rights are exercised, the
proposed action will not affect traditional Hawaiian rights and no action is necessary to
protect these rights. A condition of the permit will require the applicant to stop work and notify the DLNR-SHPD should any unidentified sites or remains be encountered and proceed only upon receiving an archaeological clearance from the DLNR-SHPD. Lastly, this approval is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in
connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or affected agencies. Based on the preceding considerations, use of the proposed warehouse and office facility for warehousing, distribution and administrative operations related to
retail and service activities in Orchidland Estates and Volcano Village is an unusual and reasonable use of land in the Agricultural district and would promote the effectiveness and objectives of Chapter 205, Hawai‘i Revised Statutes.
-8-
Based on the preceding, the Windward Planning Commission hereby approves this application to establish a warehouse and office facility for warehousing, distribution and
administrative operations related to retail and service activities in Orchidland Estates and Volcano
Village on 1.045 acres of land in the State Land Use Agricultural District.
SITE PHOTOS TAKEN ON SEPTEMBER 10, 2025
New paved driveway entrance from Orchidland Drive Landscaping along Orchidland Drive frontage
Driveway entrance to parking areas and vehicle turn-around apron
Paved loading area along southern boundary Fencing along southern property boundary
EXHIBIT C
STATE OF HAWAII
DEPARTMENT OF HEALTH
KA 'OIHANA OLAKINO
P.O. Box 3378
JOSH GREEN, M.D.
GOVERNOR OF HAWAI'IKE KIA'ĀINA O KA MOKU'ĀINA 'O HAWAI'I
ELIZABETH A. CHAR, M.D.
DIRECTOR OF HEALTHKA LUNA HO'OKELE
Lennie L T Okano-Kendrick
200 Kohola Street
Hilo, HI 96720
January 05, 2023
Dear Sir/Madam:
Subject: Individual Wastewater System (IWS) for
Owner/Lessee: Maurice Thomas Trust
Project Site: 16-1695 34th Avenue, Keaau, HI
TMK: 316009385
IWS File No.: 70400 (Septic Tank) E-Filed
Old File No.: N/A
We have received your IWS final inspection report, Certification of Construction and As Built Plans for the
above IWS. Information submitted to us indicates that the installed IWS meets applicable provisions of
Hawaii Administrative Rules, Title 11, Chapter 62, entitled Wastewater Systems.
The subject IWS is hereby approved for use.
As the professional engineer responsible for the Certification of Construction, please inform your client
that the above IWS is approved for use. You are also responsible for seeing that your client receives a copy
of this Approval for Use letter together with the IWS as-built plans. We strongly recommend that you discuss
the necessary operation and maintenance of the individual wastewater system with your client. Emphasis
should be placed on periodic inspections of scum and sludge accumulation as well as informing them not to
dispose of materials that could affect the operation of the wastewater system .
If the IWS is an aerobic system, please inform your client that an active service contract must be maintained.
Furthermore, the Department of Health may perform an annual inspection of the subject wastewater system
for compliance with our Chapter 11-62 rules.
Should you have any questions, please feel free to contact Nathan See at 586-4294.
Sincerely,
SINA PRUDER, P.E.
Chief, Wastewater Branch
EXHIBIT D
EXHIBIT E
TO LEGITIMIZE THE USE OF AN EXISTING WAREHOUSE AND
OFFICE FACILITY FOR WAREHOUSING, DISTRIBUTION AND
ADMINISTRATIVE OPERATIONS RELATED TO RETAIL AND
SERVICE ACTIVITIES
For: Maurice and Jiranan Thomas Trusts
16-1695 34th Avenue, Orchidland Estates
Kea॒au, Puna, Hawai॒i
TMK: (3) 1-6-009:385
THIS WORK WAS PREPARED BY ME
OR UNDER MY SUPERVISION
LICENSE EXPIRES 4/30/2024
March 2023
DRAINAGE REPORT
ENGINEERING DIVISION
Reviewed by
Date
܈ Approved ܆ Not Approved
܆ Approved as Noted
For Hawai’i County Code
Section 25-2-72
Melanie DeMello
4/21/2023
Lennie Okano-Kendrick
Digitally signed by
Lennie
Okano-Kendrick
Date: 2023.03.27
21:44:34-10'00'
EXHIBIT F
DRAINAGE REPORT MAURICE AND JIRANAN THOMAS TRUSTS
TABLE OF CONTENTS
PROJECT DESCRIPTION ……………………………………………………………………… 1
REFERENCE MATERIAL ……………………………………………………………………….. 2
EXISTING DRAINAGE CONDITIONS ………………………………………………………... 2
PROPOSED DRAINAGE CONDITIONS …………………………………………………….. 4
CONCLUSION ………………………………………………………………………………… 5
LIST OF FIGURES
FIGURE 1 – PROJECT LOCATION
FIGURE 2 – PROJECT VICINITY
FIGURE 3 – EXISTING DRAINAGE MAP
FIGURE 4 – PROPOSED DRAINAGE MAP
LIST OF ATTACHMENTS
DRAINAGE CALCULATIONS AND REFERENCE SHEETS
DRAINAGE REPORT MAURICE AND JIRANAN THOMAS TRUSTS
1
PROJECT DESCRIPTION
Maurice and Jiranan Thomas Trusts has applied for a special permit to
legitimize the use of an existing warehouse and office facility for warehousing,
distribution and administrative operations related to related and service
activities. The existing warehouse is located at 16-1695 34th Avenue at the
southeast corner of its intersection with Orchidland Drive in Orchidland Estates in
Puna, Hawaii. The property Tax Map Key is (3) 1-6-009:385 and has an area of
45,520 square feet. See Figure 1 – Project Location and Figure 2 – Project
Vicinity. The existing warehouse and office space is approximately 8,160 square
feet in size.
FIGURE 1 – PROJECT LOCATION
DRAINAGE REPORT MAURICE AND JIRANAN THOMAS TRUSTS
2
FIGURE 2 – PROJECT VICINITY
(Google Earth 2013)
REFERENCE MATERIALS
The following reference documents were used in the drainage analysis for
this project:
Department of Public Works, County of Hawaii, Storm Drainage Standard,
October 1970
Standard Details for Public Works Construction, Department of Public
Works, County of Hawaii, Engineering Division, Hilo, Hawaii, September
2017
EXISTING DRAINAGE CONDITIONS
The existing warehouse site is covered with gravel, natural grassing and is
partially paved along the northeast and southeast sides of the warehouse. See
Figure 3 – Existing Drainage Map. There is one drainage sump installed adjacent
to the loading dock which has been accommodating the runoff from the
DRAINAGE REPORT MAURICE AND JIRANAN THOMAS TRUSTS
3
warehouse roof and paved areas since construction of the warehouse in 2003.
The rest of the runoff currently percolates into the gravel and grassed areas of
the site.
Runoff from the roof and paved area currently amounts to 3.50 cfs while
the runoff in the gravel and grass area is 3.35 cfs, for a total site runoff of 6.85 cfs.
See attached Drainage Calculations. There is no overflow runoff from the
project site and all water drains on-site.
FIGURE 3: EXISTING DRAINAGE MAP
PROPOSED DRAINAGE CONDITIONS
The proposed improvements to the site will include construction of a
paved driveway apron from Orchidland Drive which will continue to be paved
to the warehouse loading dock. Improvements also include pavement striping,
landscaping, and installation of two (2) 8-foot diameter drain sumps. See Figure
4 - Proposed Drainage Map.
The estimated amount of runoff calculated for the proposed roof and
paved area is 5.71 cfs. This equates to an increase of 2.21 cfs being generated
from the pavement addition. The estimated amount of runoff calculated in the
proposed grass and gravel area is 2.19 cfs; a decrease of 1.16 cfs. Overall, the
proposed project site generates 7.90 cfs; which equates to a net increase of
1.05 cfs. See attached Drainage Calculations.
DRAINAGE REPORT MAURICE AND JIRANAN THOMAS TRUSTS
4
Each drain sump has a capacity of 2 cfs, therefore the three drain sumps
are adequate to accommodate the pavement and roof runoff. Downspouts
conveying runoff from the roof of the warehouse collects in buried drainpipe
and outlet onto the pavement adjacent to the existing grated drain sump. The
pavement will be graded to direct the flow to the two (2) new drain sumps. See
blue flow arrows in Figure 4 – Proposed Drainage Map. The runoff generated in
the gravel and grass area will continue to percolate into the ground.
FIGURE 4 – PROPOSED DRAINAGE MAP
The drain sumps shall be constructed eight feet deep from finished grade
and have a diameter of eight feet. To reinforce and construct the drain sump,
eight-foot diameter reinforced concrete ring(s) shall be placed on a reinforced
concrete footing and backfilled with 2-inch clean drain-rock. A reinforced
concrete cover and traffic-rated metal grating shall be constructed over the
drain sump.
CONCLUSION
In summary, the paving improvements to the warehouse site will generate
2.19 cfs of runoff for a total of 5.71 cfs. Two (2) additional 8-foot diameter by 8-
foot-deep drain sump with a total capacity of 4 cfs will be installed as part of this
project and together with the existing drain sump will be able to accommodate
the runoff generated from the roof and pavement.
DRAINAGE REPORT MAURICE AND JIRANAN THOMAS TRUSTS
5
DRAINAGE CALCULATIONS
AND REFERENCE SHEETS
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PROJECT
AREA
- GRAVEL
CONDITION
PAVEMENT &
ROOF CONDITION
7 minutes
10.5 in/hr
4.5 inches
22 minutes
GRAVEL
CONDITION
7.2 in/hr
EXISTING
CONDITION
GRAVEL
CONDITION
PAVEMENT &
ROOF CONDITION
22 minutes
7 minutes
7.2 in/hr 10.5 in/hr
4.5 inches
PROPOSED
CONDITION
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAl'I 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
October 6, 2025
TO: Mr. Jeffrey Darrow, Director Planning Department
FROM: Keith K. Okamoto. Manager-Chief Engineer
SUBJECT: Special Permit Amendment Application (PL-SPP-2025-000105)
Applicants: Maurice R. and Jiranan Thomas Trust
Tax Map Key 1-6-009-385 (PL-SPP-2022-000017)
We have reviewed the special permit amendment and have no further comments.
Should there be any questions, please contact Mr. Michael Mori of our Water Resources and
Planning Branch at (808) 961-8070, extension 257.
Sincerely yours,
�Cl�
ifK.eith K. Okamoto, P.E.
Manager-Chief Engineer
MM:dfg
copy -Daryn Arai Maurice R. and Jiranan Thomas Trust Maurice R. Thomas
... ·1Vater; Our '.ll1ost Precious <R§source ... 1(,a rWai}l 1(jine ...
The Department of Water Supply is an Equal Opportunity provider and employer
Ct \'ATF,k C-,-
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAIIilk345KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'1 96720
TELEPHONE (808)961-8050 • FAX (808) 961-8657
September 1, 2022
CDH PLANNING DEPT
Mr. Daryn Arai SEP 2 9022 PH2:04
Land Use Planning Consultant RECD HIND DELIVERED
P.O. Box 4501
Hilo, HI 96720
Dear Mr. Arai:
Subject: Water Usage Calculation for Existing Warehouse and Office Facility
Applicant—Maurice and Jiranan Thomas Trust
Tax Map Key 1-6-009:385(PL-SPP-2022-000017)
We have reviewed the subject water usage calculations provided and find them acceptable.
The Department has reviewed the water demand calculations,prepared by Island Engineering, LLC,
showing the estimated water demand for the existing warehouse and office facility and find them
acceptable. Based on the water demand calculations, the estimated average daily usage is 100 gallons per
day (GPD), or one (1)equivalent unit of water at 400 GPD, per unit. The existing 2-inch meter currently
serving the subject parcel is adequate to accommodate the proposed demand.
The revised allotment for the master meter is shown below:
Tax Map Key Existing Meter Allotment of Account No.
Size Equivalent Units of
Water
1-6-009:388 2-inch 11 030-04010
1-6-010:083 17 030-04010
1-6-009:385 1 030-04010
One (1) unit ofwater, or one (1) 5/8-inch meter,per existing lot ofrecord, which is limited to an average
daily usage of 400 gallons.
Should there be any questions,please contact Mr. Troy Samura of our Water Resources and
Planning Branch at(808) 961-8070, extension 255.
Sincerely yours,
664ANii516
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy — Planning Department
DWS Customer Service (Hilo)
Water, Our Most cPrecious Resource. . . 4a WaiA nine. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAI‘I HILO, HAWAI‘I
DATE: October 21, 2025
Memorandum
TO: Planning Department
FROM: Department of Public Works
SUBJECT: PL-SPP-2025-000105 Special Permit Amendment Application RE: PL-SPP-202-000017 Applicant: Maurice R. Thomas Trust and Jiranan Thomas Trust Request: 3 Year Time Extension
Location: Orchidland Estates, Puna, Hawai‘i TMK: 1-6-009:385
We have no additional comments at this time. Our records indicate the applicant has not
completed the improvements described in the Drainage Report approved on March 21, 2023.
Questions may be referred to Amy Cook at 961-8695.
AC
Hawai’i County is an Equal Opportunity Provider and Employer
BD-10
BUILDING DIVISION – DPW
COUNTY OF HAWAI'I – 101 Pauahi Street, Suite 7 – Hilo, Hawai‘i 96720
Hilo Office (808) 961-8331 · Fax (808) 961-8410 Kona Office (808) 323-4720 · Fax (808) 327-3509
October 6, 2025
TO:
Jeffrey W. Darrow - County of Hawaii – Planning Dept.
County Of Hawaii Planning Department
101 Pauahi St. Ste. #3
Hilo, HI. 96720
SUBJECT: Special Permit Amendment Application (PL-SPP-2025-000105)
Special Permit No. PL-SPP-2022-000017
Applicant: Maurice R. Thomas Trust and Jiranan Thomas Trust
Request: Amendment to Special Permit No. PL-SPP-2022-000017
for a Three (3) Year Time Extension to Condition No. 4 to
Secure a Certificate of Occupancy for the
Commercial/Industrial Warehouse
Tax Map Key: (3) 1-6-009:385; Orchidland Estates, Puna, Hawaiʻi
This is to inform you that our records on file, relative to the status of the subject
discloses that:
No Building permit was issued for work done on the premises.
A permit application has been initiated (PW.B2025-001712) and
references work done without requisite permits per Hawaii County
Code Chapter 5 Construction Administrative Code. Successful
review, issuance, and completion of this permit shall resolve any
construction administrative compliance issues for the work indicated.
No building permit was issued for the change of occupancy.
No permit has been issued to date to address the requirement for a
change of use per Condition No. 4 of PL-SPP-2022-000017. The
applicant has initiated a Building permit application (PW.B2025-
001712) which may address/resolve Condition No. 4.
At the time of completion, the subject complied with all Building Code
regulations that were in effect.
Variance from any building regulation (Building, Electrical, Plumbing, or
Sign) was/was not granted.
The following violations(s) still outstanding:
Building Electrical Plumbing Sign
Others:
Hawai’i County is an Equal Opportunity Provider and Employer
BD-10
This status report reflects Building Division records only and does not include
information from other agencies.
Should you have any questions regarding matters contained herein, please feel
free to contact Joel Fitzgerald at phone no. (808) 961-8488.
JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE
STATE OF HAWAII DEPARTMENT OF HEALTH
P.O. BOX 916 HILO, HAWAII 96721-0916
MEMORANDUM
DATE: September 29, 2025
TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii
FROM: Eric Honda District Environmental Health Program Chief
SUBJECT: Special Permit Amendment Application (PL-SPP-2025-000105) Special Permit No. PL-SPP-2022-000017
Applicants: Maurice R. Thomas Trust and Jiranan Thomas Trust Request: Amendment to Special Permit No. PL-SPP-2022-000017 for a Three (3) Year Time Extension to Condition No. 4 to Secure a Certificate of Occupancy for the Commercial/Industrial Warehouse Tax Map Key: (3) 1-6-009:385, Orchidland Estates, Puna, Hawaiʻi
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
Jeffrey W. Darrow September 29, 2025
Page 2 of 4
1.All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 11-59 and 11-60.1.
2.Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3.Standard comments for the Clean Air Branch
are at: https://health.hawaii.gov/epo/landuse/
Clean Water Branch
1.All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1.The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1.A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2.Standard comments for the Hazard Evaluation & Emergency Response Office
are at: https://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1.Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502,
11-503, and 11-504.
2.Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3.Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irhb/asbestos/.
Jeffrey W. Darrow September 29, 2025
Page 3 of 4
Safe Drinking Water Branch
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.
Jeffrey W. Darrow September 29, 2025
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.
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN ARAI@OUTLOOK.COM
October 28, 2025
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Darrow:
Subject: Response to Agencies’ comments regarding
Special Permit Amendment Application PL-SPP-2025-000105
Affecting Special Permit No. PL-SPP-2022-000017
Applicants: Maurice R Thomas and Jiranan Thomas Trust
TMK -1-6-009: 385, Orchidland Estates, Puna, Hawaiʻi
Thank you for providing the Applicant with comments received from the various reviewing
agencies regarding the subject amendment request, to which we provide the following responses
for your consideration.
Long Range Division-Planning Department (email dated October 24, 2025)
The Applicant is pleased to learn that the Long-Range Division of the Planning
Department, which supports the implementation of the Puna Community Development
Plan (CDP), finds that the requested time extension is consistent with the vision of the
Puna CDP which seeks to reform the development pattern toward the establishment of
village and town centers and to encourage a more efficient, environmentally sustainable
land use pattern.
Department of Health (memo dated September 29, 2025)
Over the intervening months since approval of the Special Permit in October 2022, the
Applicant has diligently pursued compliance with various Department of Health (DOH)-
related requirements as it may pertain to wastewater disposal, fugitive dust, protection of
water resources and proper waste disposal. The Applicant completed the installation and
certification of a new septic system on January 5, 2023 which now processes all
wastewater generated by the warehouse facility. A new driveway and parking area was
installed with proper drainage facilities that is pending final inspection by the Department
of Public Works. All on-site improvements have been completed as the Applicant
continues its effort to secure the necessary electrical and plumbing permits for the
warehouse facility.
Mr. Jeffrey Darrow, Director
County of Hawaiʻi Planning Department
Page 2 of 2
October 28, 2025
Department of Public Works-Engineering Division (memo dated October 21, 2025)
The Department of Public Works (DPW) notes that the Applicant has not completed the
improvements described in the Drainage Report approved on March 21, 2023. While the
actual paving and drainage improvements have been completed, its final inspection by
DPW has yet to occur. The Applicant will coordinate with DPW regarding this final
inspection as soon as possible and is hopeful that it can be completed prior to the
upcoming hearing before the Windward Planning Commission.
Department of Public Works-Building Division (memo dated October 6, 2025)
The Building Division confirms that a building permit application (PW.B2025-001712)
was initiated and that successful review, issuance, and completion of this permit shall
resolve any construction administrative compliance issues for the unpermitted work that
was done to the existing warehouse facility, and may also satisfy the change of
occupancy requirements per the County Building Code. The Applicant looks forward to
the completion of this permitting process by the Building Division that the requested time
extension will provide.
Police Department (memo dated October 7, 2025)
The Applicant acknowledges the response from the Police Department that it does not
anticipate any significant impact to traffic and/or public safety concerns.
We hope that we have adequately responded to comments offered by the respective agencies and
the community association. Please feel free to contact me should there be any questions or need
for additional information.
Sincerely,
DARYN ARAI
Land Use Planning Consultant
copy via email: Maurice R. Thomas & Jiranan Thomas Trust
Testimony of JD Watumull, President ofWatumull Properties Corp.
Before the County ofHawai'i Windward Planning Commission Regarding Special Permit Amendment Application (PL-SPP-2025-000105)
Affecting Special Permit No. PL-SPP-2022-000017
Applicants: Maurice R. Thomas Trust and Jiranan Thomas Trust
Tax Map Key: (3) 1-6-009:385, Orchidland Estates, Puna, Hawai 'i
October 9, 2025
Chair Mr. Louis Daniele and Members of the County ofHawai'i Windward Planning Commission,
My name is JD Watumull and I am the President of Watumull Properties Corp. Thank you for this opportunity to ask for your collective support of the request by Mr. and Mrs. Thomas for additional time to complete all necessary improvements and secure a certificate of occupancy for
that warehouse facility on Orchidland Drive within Orchidland Estates subdivision.
Watumull Properties Corp, though its affiliate company Orchidland Gulsons LLC, is the owner of that property that hosts the Orchidland General Store which directly adjoins the subject property. The Thomases are the proprietors of the Orchidland General Store and its accompanying True Value Hardware store, both of which provide much needed services to the
Orchidland Estates subdivision and surrounding communities. The existing warehouse currently
undergoing improvements is critical to providing support activities to these vital businesses in an area located at least 5 miles from the nearest towns ofKea'au and Pahoa. Having the General Store located in Orchidland is a blessing for the surrounding communities.
Over the past 3 years since the issuance of the Special Permit for the warehouse facility,
Thomas's have made great strides in improving this warehouse facility as witnessed by the new septic system and the installation of a new driveway, parking area and drainage systems.
Progress is being made and I hope you will provide the Thomases with the additional time they need to complete the necessary improvements and secure the permitting required by the County.
Their commitment is embodied by the scope of improvements to the property already completed.
Mahalo for your kind and thoughtful consideration!
Sincerely Yours,
vY\)1.-v�
JD Watumull
Watumull Properties Corp.
307 Lewers Street, 6th Floor
Honolulu, HI 96826
jdw@wpchawaii.com