HomeMy WebLinkAboutPD Background Report (PL-SPP-2026-000115)-1-
B130HoldingsLLCSPPAmend.crk.4.7.26 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT
130 HOLDINGS LLC AMENDMENT TO SPECIAL PERMIT NO. 870 (PL-SPP-2026-000115/ AMEND SPP 870)
130 HOLDINGS LLC is requesting to amend Special Permit No. 870. The proposed
amendments would reduce the size of a proposed regional trade center to two buildings
totaling 10,400 square feet; add a 600-square-foot volunteer fire truck parking area;
amend Condition No. 3 (Complete Construction) for a 5-year time extension to complete
construction; delete Condition No. 5 (Water Supply); delete Condition No. 6
(Improvements to Orchidland Drive); and delete Condition No. 7 (Highway 130/
Orchidland Drive Intersection Improvements). The subject property is located at 16-1678
34th Avenue in Orchidland Estates Subdivision, approximately 1,000 feet west of the
intersection of Orchidland Drive and the Keaʻau-Pāhoa Road, Keaʻau, Puna, Hawaiʻi,
TMK: (3) 1-6-010:083.
APPLICANTS’ REQUEST
1. Request: The applicant is requesting amendments to various conditions of Special
Permit No. 870, which was originally approved to allow the establishment of a
regional trade center on 2.311 acres of land within the State Land Use Agricultural
District. The regional trade center was originally intended to be developed with five
buildings, parking and related improvements. General services approved for the
regional trade center include a variety of home, garden and animal supplies;
catchment supplies, sales & service; solar water heaters; office space for service
businesses such as electrical, plumbing, landscaping, gardening, auto repair,
farmer cooperative and home business outlet. A list of these allowed uses is
referenced in Condition 8 of the existing permit and is articulated in Planning
Department Exhibit 1-Orchidland Trade Center-Project Overview.
Additionally, the permit was amended in 2003 to include food service uses.
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The following amendments have been requested by the applicant:
Condition No. 3 (Time to Complete Construction): The applicant is
requesting a 5-year time extension to complete construction of the proposed
development. The proposed trade center was previously planned to be
replaced by the ASC elementary school campus proposed under SPP 21-
000228. However, as that project is no longer planned, the landowner intends
to complete construction of the trade center on the property as soon as
possible. The applicant will obtain Final Plan Approval from the Planning
Director prior to obtaining any building permits and will ensure that the trade
center complies with all necessary fire protection, access, parking and
landscaping requirements. The condition currently states:
“Construction of the proposed development shall be completed within five
(5) years from the effective date of this amendment. This time period shall
include securing Final Plan Approval from the Planning Director in
accordance with the Zoning Code. Plans shall identify proposed
structure(s), fire protection measures, access roadway, driveway and
parking stalls. Landscaping shall be indicated on the plans for the purpose
of mitigating any potential adverse noise or visual impacts to adjoining
parcels. Landscaping shall be provided in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping
Requirements) standards for CV zones adjoining a RS zone.”
Condition No. 5 (Water Supply Requirements): The applicant is requesting
that Condition No. 5 be deleted as the property is now connected to the County
water system and a fire hydrant has been installed. The proposed project will
comply with all Department of Health and Fire Department requirements. The
condition currently states:
“The applicant shall develop sufficient water storage to meet the
requirements of the Department of Health and the Fire Department for
sanitation and firefighting purposes for the proposed development. The
storage facility shall be completed prior to Certificate of Occupancy and kept
filled with enough water to meet the applicable Department of Health and
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Fire Department requirements. If an improvement district or similar project
is proposed which would make county water available to the property, the
owner shall participate and pay its fair share of any applicable construction
costs and connect to the County water system.”
Condition No. 6 (Improvements to Orchidland Drive): The applicant is
requesting that Condition No. 6 be deleted. The applicant requests that this
condition be deleted because the required improvements would be limited to
the subject parcel frontage and would be inconsistent with the general road
design and the rural agricultural character of the surrounding area. Additionally,
other Special Permits for similar commercial-type uses, such as SPP 09-00098,
which allowed for the establishment of a commercial retail and office building
on TMK 1-6-010:137, and SPP-2022-000017, which legitimized the use of a
warehouse and office facility on TMK 1-6-009:385, have been approved in this
area along Orchidland Drive without requiring such roadway improvements,
further rendering the improvements out of place for the area. The condition
currently states:
“The applicant shall provide pavement improvements to the northern half of
Orchidland Drive along the subject property's entire Orchidland Drive
frontage meeting with the Department of Public Works Standard Detail
R-33 for Rural Collector Standards, prior to the issuance of a certificate of
occupancy for any portion of the proposed project.”
Condition No. 7 (Highway 130/Orchidland Drive Intersection
Improvements): The applicant is requesting that Condition No. 7 be deleted.
The request to delete this condition was previously denied by the Planning
Commission in 2014 at the request of the Department of Transportation (DOT),
but the applicant has renewed the request, citing that the cost burden of the
required improvements is unreasonable for a single applicant. DOT has since
programmed intersection improvements (via a roundabout) in the Statewide
Transportation Improvement Program, with construction anticipated in 2026 to
address congestion and safety concerns. It is further noted that a more recent
Special Permit for a school at the same site (SPP 21-000228), which was
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expected to generate greater traffic impacts, did not require such intersection
improvements. The condition currently states:
“Channelization, signalization and street lighting improvements to the
intersection of Highway 130 and Orchidland Drive shall be provided by the
applicant if required by the Department of Transportation, prior to the
issuance of a certificate of occupancy for any portion of the proposed
development.”
Project Scope Changes: The applicant is requesting to downsize the project
from five buildings to two buildings totaling 10,400 square feet and is requesting
to include a 600-square-foot compacted gravel parking area for volunteer fire
trucks.
2. Current Project Proposal: The applicant proposes the following project elements
as part of the Special Permit amendment request:
Existing Building Use: 1,000 square feet of Building 2 will be converted into
a restaurant. The remainder of Building 2 (approximately 3,000 square feet) is
proposed to be used for hot and cold certified kitchen uses with no retail activity
or customer visits. The remaining building areas will be improved and allocated
for trade bays consisting of 800 to 1,200 square feet each. Prospective tenants
are expected to provide similar services to those proposed in the original permit
and would include specialty trade contractors, such as electricians, plumbers,
landscapers, auto repair providers, catchment suppliers and solar water heater
installers. The trade center will not include any retail sales.
Parking: 47 standard and 2 ADA-accessible stalls.
Volunteer Fire Truck Parking: A 20-foot by 30-foot (600-square-foot)
compacted gravel parking area is proposed for the Orchidland Volunteer Fire
Department truck. The Volunteer Fire Department will also have access to
water on site.
Water: Water is available through County water service. The water line has
been connected to the property, and a fire hydrant has been installed.
Hours of operation: 6:00 am to 11:00pm
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Landscaping: Landscaping will mitigate potential noise and visual impacts to
surrounding properties.
Revoke Existing Permit: If this application is approved, the applicant requests
that the previous Special Permit for an Elementary School (Special Permit No.
SPP 21-000228) be revoked.
3. Supportive Information: The applicant has submitted the attached in
support of the request: (Planning Department Exhibit 2 – Special Permit
Amendment Request Application dated January 9, 2026 and Exhibit 3 -
Additional information via email dated April 8, 2026).
4. Landowner: 130 Holdings LLC.
BACKGROUND INFORMATION
5. May 19, 1994: The Planning Commission granted Special Permit No. 870
(SPP 94-3) to Verne A. Wood for the operation of a regional trade center (focusing
on catchment and potable water related sales and services, and retail sales of
hardware, garden and animal supplies) on approximately 1.15 acres of land,
subject to several conditions of approval.
6. July 17, 1998: The Planning Commission amended Special Permit No. 870 to add
a 4-year time extension to Condition 4 to complete construction.
7. June 20, 2003: The Planning Commission amended Special Permit No. 870 to
expand the permit area by adding the adjoining, one-acre parcel of land, amend
Condition 4 to add a 4-year time extension to complete construction, and amend
Condition 8 to change hours of operation from “daylight hours” to 6:00 a.m. to
9:00 p.m. and add food service uses.
8. September 4, 2008: The Planning Commission amended Special Permit No. 870
to add a 5-year time extension to Condition 5 to complete construction and
amended Condition 6 to remove the requirement that the project operate on
County water and provide an additional fire hydrant. Instead, this amendment
required the applicant to develop sufficient water storage to meet the requirements
of the Department of Health and the Fire Department for sanitation and firefighting
purposes for the proposed development.
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9. August 18, 2010: Final Plan Approval issued for Orchidland Trade Center on the
subject parcel (Note: this Plan Approval has since expired).
10. February 1, 2011: Building Permits No. B2011-0152H and B2011-0153H were
issued for the subject property, for two steel warehouse shell buildings (Note: the
building permits have since expired.)
11. April 13, 2014: The Planning Commission amended Special Permit No. 870 to
add a 5-year time extension to Condition 2 to complete construction, amend
Condition 5 to revise requirements for roadway improvements on the property’s
Orchidland Drive frontage, and amended Condition 7 to increase hours of
operation from 6:00 a.m. to 11:00 p.m. The Planning Commission also voted to
deny the applicants’ request to delete Condition 3 (comply with design guidelines),
delete Condition No. 4 (requirement to develop on-site water storage), and delete
Condition No. 6 (Orchidland Drive/Highway 130 Intersection improvements).
12. October 7, 2021: The Planning Commission voted to approve Special Permit No.
SPP 21-000228 to allow the construction and operation of an elementary school
campus for approximately 300 students on approximately 2.31 acres of land. Upon
approval of this Special Permit, the Planning Department was to have revoked
Special Permit No. 870 but failed to do so. The landowner and school were unable
to come to an acquisition agreement for the elementary school, so Special Permit
No. SPP 21-000228 has been abandoned and the applicant requests that it be
revoked should the current amendments to Special Permit No. 870 be approved.
STATE AND COUNTY PLANS
13. State Land Use (SLU) District: Agricultural District.
14. County Zoning: A-3a; Agricultural 3-acres.
15. General Plan (LUPAG) Map Designation: Rural.
16. Puna Community Development Plan (PCDP): The PCDP was adopted by the
Hawaiʻi County Council, Ordinance No. 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.”
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17. Special Management Area (SMA): The subject property is located approximately
4.5 miles from the nearest coastline and is not within the Special Management
Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
18. Project Site: The subject parcel is approximately 2.311 acres of land and is
rectangular in shape. There are two existing incomplete warehouse shell
structures on the subject property, both built in 2012. One is approximately 6,400
square feet and the second is approximately 4,000 square feet. The remaining
area of the parcel has been cleared and graded but remains undeveloped.
19. Surrounding Zoning/Land Uses: Most properties surrounding the subject parcel
are zoned A-3a. The area is characterized by a mix of farms, single-family
residences, a commercial center (Orchidland Estates Convenience Center), a
church and vacant, undeveloped parcels. The Orchidland Estates Convenience
Center includes a convenience store and gas station, in addition to the former
Blaine’s Drive In and the Orchidland General Store.
20. 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 ohia trees.
21. Land Study Bureau Soil Rating: Soils within the project site are classified as “E”
or “Very Poor” for agricultural productivity.
22. ALISH: Unclassified.
23. Flood Zone: The Federal Emergency Management Agency’s Flood Insurance
Rate Map (FIRM) designates the area of the proposed development to be in Zone
X (areas outside of 500-year floodplain). According to the applicant, there are no
identified drainage ways through the site.
24. Flora/Fauna Resources: There was no professional survey conducted of the
floral and faunal resources for the subject property. However, as the area has been
cleared and graded, the applicant does not believe that rare or endangered floral
or faunal resources are likely to be found within or proximate to the subject
property. Vegetation found in the project area consists primarily of non-native
grasses and shrubs such as fireweed, sleeping grass and Asian sword fern.
Introduced bird species such as dove, Japanese White-eye, house finch and myna
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are common in this area. Domestic animals such as cats, dogs and other animals
such as rats and feral pigs are also common. Impacts to flora and fauna are
expected to be minimal because the lot has already been cleared and there is no
native vegetation present.
25. Archaeological/Cultural/Historical Resources: 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
is unlikely that the site would serve such purpose today and/or in the recent past
because it has been cleared and graded. By letter dated July 13, 2008, the State
Historic Preservation Division issued a determination that “no historic properties
will be affected” by the proposed development, citing previous urbanization and
grading/grubbing that had altered the land.
26. Public Access: There is no coastal or mountain access through the subject
property.
27. Traffic: Traffic on Orchidland Drive is made up primarily of residents of the area
and users of the shopping/commercial area east of the parcel. The proposed use
would generate an increase in traffic to the subject site of approximately 27 peak
hour vehicle trips. This estimate was derived from an analysis of the Institute of
Traffic Engineers (ITE) Trip Generation Manual, 11th Edition, based on an
estimated 1.93 average peak hour trip rate per 1,000 square feet of specialty trade
contractor space and an average 9.05 peak hour trips per 1,000 square feet of
high turnover sit-down restaurant space. The applicant noted that specialty
contractor space trip generation rates are also used for commercial kitchen uses
since there is no standard trip generation in the manual for this use. The proposed
commercial kitchen use is not anticipated to be a significant traffic
generator since no customer visits or retail use would be allowed.
According to the State Department of Transportation (DOT), roundabout
infrastructure will complete its designing phase in 2026 and anticipates its
completion by 2027 to provide the much-needed traffic safety enhancement at the
Keaʻau-Pāhoa Road intersection with Orchidland Drive. This will also include
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channelization and street lighting work. DOT also recommends that the applicant
prepare a Traffic Assessment (TA) or Traffic Impact Analysis Report (TIAR) by a
licensed professional engineer to include an evaluation to identify whether the daily
operations relating to trip patterns and queuing concerns based on proposed uses
will have any local or regional impacts to the nearby state-owned Keaʻau-Pāhoa
Road which should include the new roundabout in the analysis. The study should
also provide any recommended mitigations to be implemented at no cost to the
state. If the project construction is phased over multiple years, interim horizon
years should be analyzed for the completion of each phase. The study should
provide a discussion on multimodal (bicycle/pedestrian) paths within the proposed
site and connectivity to the rest of the area. This study will be reviewed and
accepted by DOT prior to issuance of building permits.
PUBLIC SERVICES AND FACILITIES
28. Access: The subject parcel is accessed via Orchidland Drive, approximately
1,000 feet west of the intersection of Orchidland Drive and the Keaʻau-Pāhoa
Road. The project will not take access from 34th Avenue. Orchidland Drive is
privately owned by Hilo Development, Inc. (the original developer of the
subdivision) and maintained by the Orchidland Community Association (OLCA).
Orchidland Drive is a 60-foot-wide right-of-way with a pavement width of
approximately 28 feet at the intersection with Keaʻau-Pāhoa Road. The pavement
width narrows to approximately 24 feet at the point of access to the subject parcel.
Maintenance of subdivision roads is funded through mandatory road maintenance
fees charged to landowners of the subdivision.
The applicant is proposing to install a single, full-turn driveway serving as the main
entrance connecting to Orchidland Drive. There will be no separate driveway for
the volunteer fire trucks.
29. Water: Potable water is available to the property via the Orchidland Gulsons LLC
water system. An 8-inch waterline was extended across Orchidland Drive and a
fire hydrant was installed fronting the subject property. According to the applicant,
a water commitment for 17 units of water (approximately 6,800 gallons per day)
was secured as part of the previously proposed school use and it is anticipated
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that water needs for the current proposed project will not exceed the 17 units of
water. According to the Department of Water Supply (DWS), the Orchidland
Gulsons LLC water system is served by DWS, and although 130 Holdings LLC
and Orchidland Gulsons LLC have entered into a water agreement, the DWS will
need to determine if additional water is available, and if the capacity of the existing
meter is adequate for the increase in water demand for the proposed project. The
available 17 units of water was based on previous water calculations for the
proposed Arts & Sciences Center and secured by a water commitment that has
since expired. Based on the preceding, DWS requests that the applicant submit
estimated maximum daily water usage calculations for the proposed development,
for review and approval. The water usage calculations shall be prepared by a
professional engineer licensed in the State of Hawaiʻi and should include the
estimated peak-flow in gallons per minute (GPM), and the total estimated
maximum daily water usage in gallons per day, including all irrigation/landscaping
use. Upon receipt of the water usage calculations above, DWS will determine the
water commitment deposit amount and prevailing facilities charge (subject to
change) to be paid. Based on the water demand calculations, DWS will determine
if the existing meter size is adequate to support the proposed development. Since
the proposed development will receive water service through a master meter, DWS
requests that the facilities charge be paid prior to the approval of a certificate of
occupancy for the property. Subject to other agencies' requirements to construct
improvements within the project area, the applicant shall be responsible for the
relocation and adjustment of the Department’s affected water system facilities,
should they be necessary. Despite the presence of a fire hydrant fronting the
property, the 8-inch water line supplying the project does not meet DWS’s
2,000 gpm fire flow rate standard for commercial use, thus the applicant will need
to comply with requirements of the Fire Department for providing adequate access
and sufficient quantities and flow rates of water for fire suppression.
30. Wastewater: The subject property is not serviced by the County sewer system;
therefore, wastewater will be handled by individual wastewater systems meeting
the requirements of the State Department of Health.
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31. Other Essential Utilities and Services: Hawai‘i Electric Light Company (HELCO)
power is available to the site. The existing buildings on the subject property have
installed stub-ups for utilities. Telephone and cable are available to the site. Police,
fire and medical services are available nearby in Keaʻau and Pāhoa.
AGENCIES’ COMMENTS
32. Department of Water Supply: (Planning Department Exhibit 4 – March 3, 2026
letter)
33. Department of Public Works – Engineering Division: (Planning Department
Exhibit 5 – April 24, 2026 email)
34. Department of Public Works – Building Division: (Planning Department
Exhibit 6 – March 6, 2026 memo)
35. State Department of Transportation: (Planning Department Exhibit 7 –
March 17, 2026 letter)
AGENCIES – NO COMMENTS/CONCERNS
36. Police Department; State Land Use Commission; and State Office of Planning and
Sustainable Development.
AGENCIES – NO RESPONSE
37. Department of Environmental Management; Fire Department; State Department
of Health; Department of Agriculture; and Department of Land and Natural
Resources.
APPLICANT’S RESPONSE TO AGENCY COMMENTS
38. Letter from John Pipan, Pipan Consulting LLC (Planning Department
Exhibit 8 – March 30, 2026 letter).
PUBLIC COMMENTS
39. Testimony in opposition from Orchidland Community Association (Planning
Department Exhibit 9 – March 8, 2026 email).
40. Testimony in Support from Chase Peneku (Planning Department Exhibit 10
– April 17, 2026 email).
41. Testimony in Support from Ralph Roubique (Planning Department Exhibit 11
– April 21, 2026 email).
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42. Testimony in Support from Rob Garrett (Planning Department Exhibit 12 –
April 22, 2026 email).
APPLICANT’S RESPONSE TO PUBLIC COMMENTS
43. Letter from Greg Gadd, Manager, 130 Holdings LLC (Planning Department
Exhibit 13 – March 25, 2026 letter).
OR IDLAND TRADE CATER
PROJECT. OVERVIEW
CONCEPT
To provide a regional center for those people who live and work in the neighborhood to
conduct their business and have convenient access to home improvement and garden
supply centers.
PROSPECTIVE TENANTS
Home and Garden Center
Hardware
Plumbing
Garden Supplies
Animal Feed
Nursery Plant Consignment including computerized inventory of available
stock within area.
Lumber
Puna Water Services, Inc. (Keaau lease expires 7/94)
Water Catchment Sales and Service
Tanks, Liners, Covers, etc.
Pumps and Filtration Systems
Water Delivery
Purified Water Systems and Supply
Solar Water Heaters
Water Tank Installation (C -18298) maintenance and repair
Trade Bays - miscellaneous tradespeople such as:
Landscaper/Gardener
Electrician
Tool Repair
Plumber
Auto Repair
Appliance repair
Painter
Home Business Outlet (Co-op space to retail products and maintain an
office location with phone, fax, address, etc.)
Local farmer co-op space
These bays will provide a person with a place to store tools and materials. maintain
a business location and meet with customers. A central switchboard could provide
message services while they are "in the field." Punning Dept.
Exhibit_
EXHIBIT E
OR IDLAND TRADE TER
PROJECT OVERVIEW
APPLICANTS
Verne and Lynn Wood have resided in Orchidland for twelve years after moving
to Puna sixteen years ago from Honolulu. They own and operate Puna Water Service
in Keaau and Mango Grove Pre -School in Hawaiian Paradise Park.
LOCATION
Three lots mauka of Orchidland Convenience Center (Wiki Wiki Expansion)
on Orchidland Drive. The property was purchased by the applicants three years ago
with the intention of this project.
PROFILE
Plantation era or Western style construction possibly similar to Orchidland
Convenience Center in order to maintain consistant character in the neighborhood.
LIMITATIONS
It is the intent of the applicants to create a facility that will compliment the
Orchidland Convenience Center rather than duplicate it. This project is intended to
provide facilities for the tradespeople in our neighborhood to conduct their business:
therefore, there is no allowance for food services, grocery items, professional office space
or laundry facilities within the scope of this proposal. Those needs have already been
addressed by the Orchidland Convenience Center.
This project overview is intended to provide information of a general nature.
Specific Inquiries and suggestions are encouraged by the applicants.
PO Box 421 Honokaa, HI 96727
(808) 333-3391
January 9, 2026
Mr. Jeffrey Darrow, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Attn: Jessica Andrews
Resubmittal of Special Permit Amendment Application
Applicant: 130 Holdings LLC
Orchid Land Estates, Puna, Hawaii TMK: (3) 1-6-010: 083____________
Transmitted here within for your review and processing is an application requesting an
amendment to Special Permit No. 870. The property is located at 16-1678 34th Avenue in
Orchid Land, Puna, approximately 1,000 feet west of the intersection of Orchidland Drive and
the Kea’au Pahoa Road. The subject land is zoned Agriculture 3-acre (A-3a).
This application was originally submitted to your office on October 15, 2025 and was returned
by your office on October 30, 2025 with a request for additional information. This revised
resubmittal addresses the additional information requested and subsequent clarifying questions as
follows:
• Please address the following criteria for the time extension request:
o The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicant and that are not the result or their fault
or negligence.
As discussed in the revised report submitted herein, since the issuance of the last
Special Permit approval, the applicant has continued to pursue appropriate
development of the parcel and his failure to complete the conditions of the Special
Permit were not due to negligence. Rather, the applicant was unable to complete the
conditions of the last (2014) Special Permit Amendment within the requisite 5-year
time frame due to the combined cost of all improvements required and decided to
instead pursue an opportunity to lease the property to the Arts and Sciences Center
(ASC) so that they could develop an elementary school on the parcel. However, after
obtaining a Special Permit for elementary school operations, the applicant and ASC
were unable to settle on agreeable lease terms and so ASC decided to establish their
school facilities elsewhere. In light of these events, the applicant would now like to
revert back to the original uses approved under Special Permit No. 870.
o Granting of the time extension would not be contrary to the original reasons for
the granting of the permit.
The proposed use remains consistent with the following original reasons for granting
the permit:
• As elaborated on in Section II.3C of the revised report submitted here, the
proposed use continues to promote the effectiveness and objectives of
Chapter 205, Hawai’i Revised Statutes, as amended as the land on which
the proposed regional trade center would be located is not well suited for
agricultural uses.
• The request is not contrary to the goals, policies and standards of the
General Plan. Specific applicable goals and policies of the General Plan are
identified in Section 3C.
• The proposed Special Permit Amendment is conducive to the Puna
Community Development Plan goals and objectives identified in Section
3C.
• The proposed use will not have any significant adverse effects on the
surrounding properties, as is further elaborated on in Section III.4B of the
revised report.
• The proposed use will not substantially alter or change the essential
character of the land and the present use as the proposed uses will be
contained within the existing structures and the parcel is within the
Orchidland Neighborhood Village Center, which designates it as the area
most appropriate for commercial development.
• As elaborated on in Section III.4D - 4H, unusual conditions, trends and
needs have arisen since the district boundaries and regulations were
established which render the project an unusual, yet reasonable, use of
Agricultural land.
• Provide a condition compliance report for all existing conditions of Special Permit 870,
as last amended in 2014. Please note, Condition #12 requires the applicant to provide the
Planning Director an annual progress report (APR) to the Planning Director, but we
have no record of any recent APRs.
A summary of condition compliance is provided in Section II of the revised report.
• Condition #8 limits permitted uses to those specified within the Planning Director’s
Background Report dated May 10, 1994 as Exhibit E – Orchidland Trade Center –
Project Overview and food service uses. Please provide more detailed regarding
prospective tenants and specify what uses will occupy the existing buildings. Based on
these proposed uses, please provide a detailed analysis of water needs & availability
(both potable and fire suppression), wastewater needs and availability, and anticipated
traffic to the property based on the proposed mix of uses. Additionally, please provide
detailed analysis of anticipated noise and visual impacts to surrounding properties based
on the mix of uses and proposed hours of operation. Also include detailed impact
mitigation measures proposed for the potential impacts.
Additional detail regarding prospective tenants is provided in Section II.3A of the revised
report. The applicant has secured water commitments for 17 additional units and
anticipates this these water commitments will be more than adequate to serve the
proposed uses. Upon approval of this Special Permit amendment, the applicant will
submit estimated maximum daily water calculations to the Department of Water Supply.
• Provide water calculations for the project, or verification that DWS has approved
sufficient water is allocated for the proposed uses.
It is anticipated that sufficient Department of Water Supply (DWS) is available as the
applicant recently secured 17 additional units of water in conjunction with Special Permit
No. SPP 21-000228. That amount of water would be equivalent to an average daily usage
of 6,800 gallons per day and would be adequate to accommodate the proposed project.
Per Condition No. 2, if necessary, the applicant will supply anticipated maximum daily
water usage calculations to the Department of Water Supply upon approval of this
Special Permit Amendment request. A letter acknowledging these water commitments is
attached to the revised report as Exhibit B.
• Substantiate how the anticipated traffic & trip counts found in section 3K of the
application were calculated.
The anticipated trip generation calculation is substantiated in section 3K of the revised
report.
• The application references the relief granted from intersection improvements for the
school project and the State’s planned construction of a roundabout at Highway
130/Orchidland Drive as justification for similar relief in this amendment request. That
earlier determination was based on the Department of Transportation’s (DOT) review of
a Traffic Impact Analysis Report (TIAR) for the school use and the accepted traffic
mitigation measures identified in that report. No comparable TIAR or traffic mitigation
commitments have been provided for the proposed renewal of the commercial center use.
Additionally, there is no evidence to substantiate your claim that roundabout
construction will be completed by 2026, other than its inclusion on the STIP.
Accordingly, please either (1) provide written confirmation from HDOT indicating
support for removing the intersection improvement conditions from the SPP, or (2) defer
the hearing on this amendment request until DOT has completed its review and provided
comments.
The applicant agrees to defer the hearing on this amendment request until DOT has
completed its review and provided comments.
• Outside of a brief statement on P. 6 in support of your requested deletion of Condition #6
(Improvements to Orchidland Drive), there is no other substantive narrative or
justification for its deletion. Both the SPP 870 and SPP 21-228 require roadway
improvements meeting with DPW standard details for Rural collector along the
property’s Orchidland Drive frontage due to the non-rural/residential use of the
property. Please provide further written justification for the deletion.
Additional discussion regarding the justification for deletion of Condition #6 is provided
in Section II of the attached report.
• Please provide documentation of efforts to consult with the Orchidland Community
Association (OLCA) for the proposed amendments and any mandatory road maintenance
fees assessments/commitments for the commercial project.
A letter was mailed to the Orchidland Community Association requesting their
comments on this application on November 13, 2025. That letter is attached to the
revised report as Exhibit C. To date we have not received comments.
• The application states that existing building permits are open, however it’s unclear if the
building permits are still valid. Provide confirmation from DPW – Building Division that
the permits have been extended and are still valid. Otherwise, provide a time frame for
obtaining new building permits.
This additional information is provided in Section II.3A of the revised report.
This electronic transmittal includes: a) the background/environmental report, which includes the
location and proposed site plan; b) a letter authorizing our office to file the application on the
applicant’s behalf; and c) a list of surrounding property owners within five hundred (500) feet of
the subject parcel. A payment of $250.00 for the County filing fee was previously paid during
the initial submittal of this application.
We trust that everything is in order for your acceptance and processing of this application. If not,
or if there are questions relating to this matter, please feel free to direct them to me. Thank you
very much.
Sincerely,
JOHN PIPAN
Planning Consultant
SPECIAL PERMIT APPLICATION
COUNTY OF HAWAIʻI PLANNING COMMISSION (Type or legibly print the requested information)
APPLICANT(S): APPLICANT’S SIGNATURE: DATE:
ADDRESS:
LIST APPLICANT’S INTEREST (if not owner): PHONE: (Bus.) (Res.) (Email)
REQUEST:
TAX MAP KEY: ZONING:
SIZE OF PROPERTY / AREA OF REQUESTED USE:
LANDOWNER(S):
FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION
(may be provided by letter with the below statement included):
DATE:
DATE: Note: The above written authorization of the landowner(s) gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s) and their successors are bound by the Special Permit and its conditions. AGENT: AGENT ADDRESS:
PHONE: (Bus.) (Res.) (Email)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: COPIES:
Zoho Sign Document ID: 35F7DE0F-RP0X2ORUFRIPKLXKLUZANIWOROLJC3U-M04SVJNXG8Q
Pipan Consulting LLC
PO Box 421 Honokaa, HI 96727
808-333-3391
Agent Applicant
(3) 1-6-010:083 A-3a
2.311 acres 2.311 acres
To amend Conditions No. 3, 5, 6, and 7 (as listed in the 2014 amendment request
130 Holdings LLC
130 Holdings LLC
1251 Kilauea Avenue, Suite 194
Hilo, HI 96720
c/o Big Island Homes & Land Co. Ltd.
808-936-4616
approval) of Special Permit No. 870 (which permitted the construction of a regional trade center),
reduce total number of buildings, as well as to add volunteer fire truck parking to the permit
.ER
COUNTY BACKGROUND & ENVIRONMENTAL REPORT
COUNTY SPECIAL PERMIT AMENDMENT REQUEST
130 HOLDINGS LLC
ORCHID LAND ESTATES, PUNA, HAWAII
TMK: (3) 1-6-010: 083
2
Table of Contents
I. INTRODUCTION .......................................................................................................... 4
II. PROJECT DESCRIPTION ........................................................................................... 6
Special Permit No. 870 Condition Compliance ............................................................... 6
3A. Project Concept and Components ......................................................................... 9
3B. Subject Property Description ............................................................................... 11
3C. Institutional Considerations ................................................................................. 20
State Land Use ...................................................................................................................... 20
Special Management Area .................................................................................................... 20
County Zoning and General Plan .......................................................................................... 20
General Plan Discussion ....................................................................................................... 22
3D. Surrounding Zoning and Land Uses ................................................................... 26
3E. Flood Insurance Rate Map ................................................................................... 26
3F. Archaeological Resources ..................................................................................... 26
3G. Valued Cultural Resources ................................................................................... 26
3H. Flora and Fauna Resources .................................................................................. 28
3I. Public Access .......................................................................................................... 28
3J. Description of Access ............................................................................................ 28
3K. Traffic Impacts ...................................................................................................... 29
3L. Availability of Utilities .......................................................................................... 29
III. REGULATORY ANALYSIS ...................................................................................... 29
4A. Coastal Zone Management ................................................................................... 29
4B. Impacts to Surrounding Properties ..................................................................... 30
4C. Impacts to Public Agencies ................................................................................... 30
4D. Unusual Conditions ............................................................................................... 30
4E. Land Suitability for Permitted Use ..................................................................... 31
4F. Land Character and Present Use ......................................................................... 31
4G. Relationship to General Plan ............................................................................... 31
4H. Unusual and Reasonable Use ............................................................................... 32
3
FIGURES
Figure 1 – Location Map: ......................................................5
Figure 2 – Site Plan ................................................................12
Figure 3 – Floor Plan 1 .........................................................13
Figure 4 – Floor Plan 2 .........................................................14
Figure 5 – Elevation 1 ............................................................15
Figure 6 – Elevation 2 ............................................................16
Figure 7 – Zoning Map ..........................................................17
Figure 8 – LUPAG Map ........................................................18
Figure 9 – Land Study Bureau Map .......................................19
Figure 10 – State Land Use Map ...........................................21
Figure 11 – Orchidland Village Commercial Center Map.....25
Figure 12 – Flood Hazard Map ..............................................27
EXHIBITS
Exhibit A: Special Permit No. 870 (94-000003)
Exhibit B: Letter from the Department of Water Supply
Exhibit C: Letter to the Orchidland Community Association
4
I. INTRODUCTION
130 Holdings LLC (“applicant”) is requesting to amend Special Permit No. 870, which
permitted the construction of a regional trade center, to reduce the overall scope of the
project and to obtain a time extension in order to establish the trade center on the subject
agriculturally zoned property. The property is located at 16-1678 34th Avenue in Orchidland
Estates, Puna, Hawaiʻi, approximately 1,000 feet west of the intersection of Orchidland Drive
and the Kea’au Pahoa Road (Highway 130). It is accessed from Orchidland Drive and
consists of 2.311 acres of land (Figure 1).
In 1994 Special Permit (no. 870) was granted approval for the operation of a regional trade
center on the subject property (SPP 94-3). The center was planned to include a variety of
goods and services, including home, garden, and animal supplies, catchment supplies, and
solar water heaters, and office space for a variety of service businesses such as electrical,
plumbing, landscaping, gardening, auto repair, and a farmer cooperative. An amendment to
the Special Permit approved in 2003 permitted the addition of food service uses for the
proposed trade center. That project was not fully realized, although Plan Approval was
granted and considerable infrastructure was installed including two steel frame structures,
septic systems, utility stub-ups and drainage structures. The applicant wishes to complete
construction of the buildings and infrastructure improvements and develop the site into a
trade center of similar use to the center approved under the Special Permit 870. Previous
amendments to SPP 94-3 were approved in 1998, 2003, 2008, and 2014 (Exhibit A). The
2014 Amendment request covered a five-year time extension to comply with Condition No. 2
(Time to Complete Construction) of the Special Permit, along with requests to amend
Condition Nos. 5 (access), 7 (hours of operation), 3 (design guidelines), 4 (water storage),
and 6 (intersection improvements). The requests to amend Condition Nos. 2, 5, and 7 were
approved and the remaining denied.
The non-performance of the Special Permit conditions is the result of unforeseen conditions
beyond the control of the applicant, and not due to negligence. Due to the combined expense
of completing the conditions relating primarily to intersection improvements, the applicant
was not able to complete the Special Permit conditions within the 5-year time frame specified
in the 2014 approval and instead decided to lease the property to the Arts and Sciences
Center (ASC) who wished to develop an elementary school on the property. A Special Permit
Application (SPP 21-000228) was submitted in 2021 on behalf of ASC that would allow for
the construction and operation of an elementary school campus on the subject parcel.
Although that Special Permit request was approved, the landowner and ASC were unable to
settle on agreeable terms and so ASC decided to pursue their school facilities elsewhere.
Thus, the applicant would like to revert back to original uses approved under Special Permit
No. 870 and subsequent amendments. However, the current project is proposed to be smaller
than the 2014 regional trade center plans, which included 5 buildings totaling 24,000 square
feet. The proposed trade center will consist of the existing two buildings on the property and
comprise of 10,400 square feet along with the supportive infrastructure for example, access
& parking. Should the subject Special Permit Amendment request be approved, the applicant
requests that SPP 21-000228 be revoked.
Figure 1: Location
TMK (3) 1-6-010: 083
6
The proposed Trade Center will be sited within the existing structures pending completion of
improvements and will be utilized as individual trade bays and spaces allocated for a
restaurant and commercial kitchen. The trade bays will be rented to Specialty Trade
Contractors and are expected to contain similar businesses and services to the Special Permit
for the original regional trade center in 1994, with the exception of retail uses (no retail use is
proposed).
II. PROJECT DESCRIPTION
Special Permit No. 870 Condition Compliance
All conditions of the 2014 Special Permit Amendment approval and their current status
are provided below. Note that the applicant is proposing amendments to Conditions No.
3, 5, 6, and 7 of Special Permit No. 870, last amended in 2014.
1. The applicant, successors or assigns shall be responsible for complying with all
of the state conditions of approval.
It is expected that this condition will remain in place and the applicant will
continue to comply with this condition.
2. If County water becomes available for this project, the applicant(s) shall submit
the anticipated maximum daily water usage calculations as prepared by a
professional engineer licensed in the State of Hawaiʻi and submit a water
commitment deposit in accordance with the “Water Commitment Guidelines
Policy” to the Department of Water Supply within 180 days from the effective
date of this amended permit.
County water is available to the subject property and the applicant has connected
to the County water system. As previously stated, after the last Special Permit
amendment approval, the landowner decided to lease the property to ASC rather
than pursing the regional trade center, and thus estimated water usage calculations
were submitted to the Department of Water Supply in conjunction with Special
Permit No. SPP 21-000228, which permitted the operation of an elementary
school on the property. In conjunction with those water calculations, the
Department of Water Supply determined that 17 additional units of water were
available to the property and the applicant subsequently secured those
commitments (Exhibit B). However, since plans for the elementary school have
changed to another property, the applicant now wishes to secure a time extension
to complete the conditions of Special Permit No. 870 so that he can pursue the
previously planned regional trade center operations. It is anticipated that revised
estimated water calculation will be required to determine the water needs of the
trade center and the applicant agrees to submit those calculations within 180 days
from the effective date of this amended permit, should it be approved. It is
anticipated that the revised estimated calculations will not exceed the existing
water allotment of 17 units or 6800 gallons per day.
7
3. Construction of the proposed development shall be completed within five (5)
years from the effective date of this amendment. This time period shall include
securing Final Plan Approval from the Planning Director in accordance with the
Zoning Code. Plans shall identify proposed structure(s), fire protection measures,
access roadway, driveway and parking stalls. Landscaping shall be indicated on
the plans for the purpose of mitigating any potential adverse noise or visual
impacts to adjoining parcels. Landscaping shall be provided in accordance with
the requirements of Planning Department’s Rule No. 17 (Landscaping
Requirements) standards for CV zones adjoining a RS zone.
The applicant requests an additional five-year time extension to complete
construction. The Trade Center was briefly planned to be replaced by the ASC
elementary school campus proposed under SPP 21-000228. However, as that
project is no longer planned, the landowner intends to complete construction of
the Trade Center on the property as soon as possible. The applicant will obtain
Final Plan Approval from the Planning Director prior to obtaining any building
permits and will ensure that the trade center complies with all necessary fire
protection, access, parking and landscaping requirements.
4. The applicants shall comply with the design guidelines in the development of the
proposed regional trade center as detailed by the Orchidland Estates Community
Association in their letter to the Planning Director dated February 24, 1994,
except for the requirement for the project to operate on county water and provide
an additional fire hydrant.
It is expected that this condition will remain in place and the applicant will
continue to comply with this condition. It is noted that the property is already
connected to County water and a fire hydrant has been installed.
5. The applicant shall develop sufficient water storage to meet the requirements of
the Department of Health and Fire Department for sanitation and firefighting
purposes for the proposed development. The storage facility shall be completed
prior to Certificate of Occupancy and kept filled with enough water to meet the
applicable Department of Health and Fire Department requirements. If an
improvement district or similar project is proposed which would make county
water available to the property, the owner shall participate and pay its fair share
of any applicable construction costs and connect to the County water system.
The applicant requests that this condition be deleted as the property has been
connected to the County water system and a fire hydrant has been installed. The
proposed project will comply with all Department of Health and Fire Department
requirements.
6. The applicant shall provide pavement improvements to the northern half of
Orchidland Drive along the subject property’s entire Orchidland Drive frontage
8
meeting with the Department of Public Works Standard Detail R-33 for Rural
Collector Standards, prior to the issuance of a certificate of occupancy for any
portion of the proposed project.
The applicant requests that this condition be deleted given that the suggested
improvements would be contained to the subject parcel’s frontage and would be
out of place with the general road design and the rural/agricultural character of the
surrounding area. Additionally, other Special Permits for similar commercial-type
uses, such as SPP 09-00098, which allowed for the establishment of a commercial
retail and office building on TMK 1-6-010:137, and SPP-2022-000017, which
legitimized the use of a warehouse and office facility on TMK 1-6-009:385, have
been approved in this area along Orchidland Drive without requiring such
roadway improvements, further rendering the improvements out of place for the
area.
7. Channelization, signalization and street lighting improvements to the intersection
of Orchidland Drive shall be provided by the applicant if required by the
Department of Transportation, prior to the issuance of a certificate of occupancy
for any portion of the proposed development.
The request for deletion of this condition was not approved in 2014 at the request
of the Department of Transportation. The applicant again requests that this
condition be deleted. The cost burden associated with such improvements is
unreasonable to impose upon a single applicant. Additionally, the Hawaii
Department of Transportation (HDOT) has planned improvements to this
intersection to mitigate concerns surrounding congestion and intersection safety.
These improvements (HS17) are outlined on their Statewide Transportation
Improvement Program (STIP) and are scheduled for construction in 2026. It is
also noted that in apparent recognition that the burden of implementing such
improvements to the State highway should not be imposed on a single applicant,
the Special Permit issued for the proposed school at this site (SPP 21-000228) did
not require intersection improvements despite the expectation of greater traffic
impacts due to the previously proposed school use.
8. The regional trade center operations shall be limited to 6:00 a.m. to 11:00 p.m.
Uses permitted within the proposed regional trade center shall be limited to those
uses specified by the applicants within the Planning Director’s Background
Report dated May 10, 1994 as Exhibit E – Orchidland Trade Center – Project
Overview and food service uses.
It is expected that this condition will remain in place and the applicant will
continue to comply with this condition.
9. The applicant shall provide an 8-foot high chain link fence or of comparable
security effect along the boundaries with the adjacent properties identified by
TMK: 1-6-10:46 and 81.
9
It is expected that this condition will remain in place and the applicant will
continue to comply with this condition.
10. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
It is expected that this condition will remain in place and the applicant will
continue to comply with this condition.
11. The applicant(s) shall comply with applicable laws, rules and regulations of the
affected agencies, including those of the Department of Health and the Fire
Department.
It is expected that this condition will remain in place and the applicant will
continue to comply with this condition.
12. An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the approval of the permit. The report shall include, but
not be limited to, the status of the development and the extent to which the
conditions of approval are being complied. This condition shall remain in effect
until all of the conditions of approval have been complied and the Planning
Director acknowledges that further reports are not required.
The applicant apologizes for failing to submit recent annual progress reports. As
mentioned previously, the trade center was briefly planned to be replaced by the
ASC elementary school campus proposed under SPP 21-000228. During that
time, progress toward developing the trade center was put on hold. However, as
the ASC project is no longer planned, the landowner intends to move forward
with the trade center and will provide timely progress reports until receiving
confirmation from the Planning Director that all conditions of approval have been
complied with and further reports are not required.
13. If the applicants should require an additional extension of time, the Planning
Director shall submit the applicants’ request to the Planning Commission for
appropriate action.
The applicant is hereby submitting this Special Permit Amendment application
requesting an additional extension of time to the Planning Director to be
forwarded to the Planning Commission for appropriate action.
3A. Project Concept and Components
The applicant respectfully requests to amend Special Permit 870 to establish a Trade
Center on the subject 2.311-acre, agriculturally zoned property. The center will be
10
located within the existing structures on the property, and no new buildings are proposed.
The existing warehouse structures were constructed in 2012 under Building Permit Nos.
B2011-0152H and B2011-0153H. According to Department of Public Works records,
both building permits expired in 2022, prior to completion of final building inspections.
A request for a permit extension to complete final inspections has been requested for both
permits and is currently pending. If necessary, additional building permits will be
obtained in order to ensure final building approval for the structures. It is anticipated that
any new building permits required would be submitted within 12-18 months of approval
of this amendment request.
The site plan, floor plan and elevation drawings of the center are attached as Figures 2-6.
The applicant proposes the following elements as part of the Special Permit Amendment:
1. Should this application be approved, the applicant requests that the previous school
permit SPP 21-000228 be revoked.
2. 1,000 square feet of Building 2 will be converted into a restaurant. The remainder of
Building 2 (approximately 3,000 square feet) is proposed to be used for hot and cold
certified kitchen use with no retail use or customer visits.
3. The remaining building areas will be improved and allocated for trade bays consisting
of 800 to 1,200 square feet each. Prospective tenants are expected to provide similar
services to those proposed in the original permit and would include specialty trade
contractors, such as electricians, plumbers, landscapers, auto repair providers,
catchment suppliers and solar water heater installers. The trade center will not include
any retail sales. The applicant’s goal is to concentrate and promote the talents of the
trades people of Puna by creating a convenient and collaborative space for the various
trades people to establish their businesses.
4. Parking: 47 standard and 2 ADA
5. A 20’ x 30’ parking area is proposed for the Orchidland Volunteer Fire Department
truck. The Volunteer Fire Department will also have access to water on site.
6. Water: Water is available through County water service. The water line has been
connected to the property, and a fire hydrant has been installed.
7. Hours of operation – 6am-11pm
8. Landscaping will mitigate potential noise and visual impacts to surrounding
properties.
11
3B. Subject Property Description
The subject site, identified as TMK (3) 1-6-010: 083, consists of 2.311 acres zoned A-3a
(Figure 7). The property is located at 16-1678 34th Avenue in Orchidland Estates, Puna,
Hawaiʻi.
This area of the Puna District is designated as Lava Zone 3, on a scale ranging from 9 to
1 (least hazardous to most). The site is located at an elevation of approximately 400 feet
above sea level. It is not within a Conservation District or the Special Management Area.
The Land Use Pattern Allocation Guide (LUPAG) designates this property as Rural
(Figure 8). The Land Study Bureau classifies its soils as “E”, or “very poor” (Figure 9).
Under the Agricultural Lands of Importance to the State of Hawaiʻi (ALISH)
classification system, the majority of the subject property is unclassified. The U.S.
Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS) has
designated the soil type for the property as Keaukaha highly decomposed plant material
with 2 to 10 percent slopes. This soil type is formed by organic material over pahoehoe
lava. It is considered well drained with a high runoff class.
The subject parcel is rectangular in shape and has two existing steel warehouse structures
on the property. Building 1 was built in 2012 and is approximately 6,400 square feet. The
adjacent Building 2 was also built in 2012 and is approximately 4,000 square feet. The
remaining area of the parcel has been cleared. Building, electrical, and plumbing permits
are active for the existing structures on the parcel, Buildings 1 and 2. These permits were
issued in 2011 and 2012 for construction of the building shells. These open permits will
be resolved in the process of permitting planned improvements. There is a 6-foot fence
along the property boundary, providing similar security effect to the fencing required
under previous permit conditions.
Special Permit No. 870 (Docket No. 94-000003) was issued in 1994 to establish a
Regional Trade Center. Given the similarity of the proposed use to the former project, the
applicant anticipates that a special permit amendment can be requested for this project.
The permit initially applied to TMK (3) 1-6-010: 082 and was amended in 2003 to
include TMK (3) 1-6-010: 083. The two parcels were then consolidated in 2005 under the
conditions of the Special Permit Amendment. However, the development under this
permit was not completed.
A Special Permit Application (SPP 21-000228) was submitted in 2021 on behalf of the
Arts and Sciences Center that would allow for the construction and operation of an
elementary school campus on the subject parcel of land. This permit was not completed,
and the landowner is no longer proposing school use of the property.
The applicant intends to establish the Trade Center within the existing structures. No
construction of new buildings is proposed as a part of the Special Permit Amendment
request.
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FIGURE 2
FIGURE 3
FIGURE 4
FIGURE 5
FIGURE 6
Figure 7: Hawaiʻi County Zoning
TMK (3) 1-6-010: 083
Figure 8: Land Use Pattern Allocation GuideTMK (3) 1-6-010: 083
Figure 9: Land Study Bureau Soil Classification
TMK (3) 1-6-010: 083
20
3C. Institutional Considerations
State Land Use
The subject site is designated State Land Use Agricultural (Figure 10) and the
property is 2.311-acres. As such, no State Land Use Commission action is
required. The County of Hawai‘i can process the Special Permit Amendment
request. As mentioned above, based on the Land Study Bureau Overall Master
Productivity Rating, soils on the subject property are classified as “E”, or “very
poor”. Under the Agricultural Lands of Importance to the State of Hawaiʻi
(ALISH) classification system, the property is unclassified.
Granting of this request would promote the effectiveness and objectives of
Chapter 205, Hawaiʻi Revised Statutes, as amended. In the case of the
Agricultural District, the State Land Use Law is intended to preserve or keep
lands of high agricultural potential in agricultural use. However, in recognizing
that lands within Agricultural districts might not all be best suited for agricultural
activities and yet classified as such, and in recognition that certain types of uses
might not be strictly agricultural in nature, yet reasonable in such districts,
Hawai‘i Revised Statutes §205-6 allows County Planning Commissions to permit
certain unusual and reasonable uses within the Agricultural and Rural districts
other than those for which the district is classified.
In this case, the requested use will be located within the existing structures and
will be similar to the previously approved Trade Center under SPP 94-000003.
Although the property is within the Agricultural district, the soil is not suitable for
agricultural activities, and the agricultural potential of the property is very low.
Therefore, the use is not contrary to the objectives sought to be accomplished by
the State Land Use Law and Regulations.
Special Management Area
The subject property is not within the designated Special Management Area.
Thus, no impacts to the Special Management Area are expected.
County Zoning and General Plan
The subject property is zoned A-3a. The County General Plan Land Use Pattern
Allocation Guide (LUPAG) map designates the parcel as Rural. This category
includes existing subdivisions in the State Land Use Agricultural and Rural
districts that have a significant residential component. Typical lot sizes vary from
9,000 square feet to two acres. These subdivisions may contain small farms,
wooded areas, and open fields as well as residences. Allowable uses within these
areas, with appropriate zoning, may include commercial facilities that serve the
residential and agricultural uses in the area, and community and public facilities.
Relative to this designation, the General Plan allows consideration for a “Special
Figure 10: State Land Use Designation
TMK (3) 1-6-010: 083
22
Permit” on agricultural land where the requested use meets certain criteria as
outlined in Section 4 of the permit application and Chapter 205 of the Hawai‘i
Revised Statutes as amended.
General Plan Discussion
The Hawai‘i County General Plan serves as a guide for decision-makers in land
use matters. The proposed project is conducive to the General Plan’s guidelines as
it conforms to the following goals, policies, and standards of the General Plan.
Economic Elements:
2.2 Goals
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County’s natural and social
environments.
• Economic development and improvement shall be in balance with the
physical, social, and cultural environments of the island of Hawai‘i.
• Strive for diversity and stability in the economic system.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County’s cultural,
natural and social environment.
• Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
• Strive for diversification of the economy by strengthening existing industries
and attracting new endeavors.
Environmental Elements:
4.2 Goals
• Define the most desirable use of land within the County that achieves an
ecological balance providing residents and visitors the quality of life and an
environment in which the natural resources of the island are viable and
sustainable.
Land Use Elements:
14.1.2 Goals
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
14.1.3 Policies
23
• Encourage the development and maintenance of communities meeting the
needs of its residents in balance with the physical and social environment.
14.3.2 Goals
• Provide for commercial developments that maximize convenience to users.
• Provide commercial developments that complement the overall pattern of
transportation and land usage within the island’s regions, communities, and
neighborhoods.
14.3.3 Policies
• Distribution of commercial areas shall meet the demands of neighborhood,
community and regional needs.
• Encourage the concentration of commercial uses within and surrounding a
central core area.
• The development of commercial facilities should be designed to fit into the
locale with minimal intrusion while providing the desired services.
Appropriate infrastructure and design concerns shall be incorporated into the
review of such developments.
• Encourage commercial areas to develop on an axis perpendicular to the
highway.
Discussion: Approval of the requested Special Permit Amendment would be in
line with the aforementioned economic, environmental and land use goals and
policies of the General Plan by providing an opportunity for the applicant to
utilize the property to establish a Trade Center and provide commercial space to
the Orchidland area. One of the reasons for approval of the trade center in 1994
was to provide and promote limited industrial uses to serve the needs of residents
in this area of Puna, which would not be available in the existing Orchidland
Estates Convenience Center. The proposed Trade Center would provide economic
opportunities to rural residents and reduce commute times and costs for products
and services. Additionally, the Trade Center would provide space for Fire Truck
storage and water usage for volunteer fire services within Orchidland in the period
before an official fire station is able to be constructed. This will have a positive
impact on safety and emergency service access within the rural area.
Puna Community Development Plan
Community Development Plans are designed to translate and implement the
goals, policies, and standards of the General Plan as they apply to specific
communities and districts. Additionally, they serve as important frameworks for a
community’s intended outcome and vision and are often used as forum for
24
community input in terms of land-use, availability of public resources, and overall
development.
The Puna Community Development Plan (PCDP) was developed through the
implementation of the 2005 County of Hawai‘i General Plan with a vision for the
residents of Puna to “live in harmony with the land, while promoting a sustainable
vibrant local economy, healthy community, and a viable transportation system
that is accessible, friendly and safe for now and future generations.” Section 5.2.3
of the PCDP outlines the area of the Orchidland Neighborhood Village Center,
which includes the subject property (Figure 11). The Orchidland Neighborhood
Village Center location was identified by the community to be located along
Orchidland Drive from Highway 130 to halfway between 34th and 35th Avenues,
encompassing 15 parcels and an area of about 16 acres. The proposed project
aligns with the General Use and Design Criteria for Neighborhood Village
Centers outlined in the PCDP.
The proposed Special Permit Amendment is conducive to the following goals and
objectives outlined in the PCDP:
3.1.1 Goals
• The quality of life improves, and economic opportunity expands for
Puna’s residents.
• Services and community facilities are more accessible in village/town
centers that are distributed throughout the region, including the
underserved subdivisions that have been experiencing higher levels of
development growth.
3.1.2 Objectives
• Enhance the role of existing and proposed village/town centers, including
criteria for their location, scale, uses and design.
4.1.1 Goals
• The percentage of residents who commute to employment or travel for
services outside of Puna is reduced.
4.1.2 Objectives
• Provide more services and employment within Puna’s village and town
centers.
• Create new employment opportunities in Puna in order to reduce long
commuting.
Discussion: Approval of the subject Special Permit Amendment request will
allow the applicant to establish a Trade Center on the subject property. The trade
center would economically benefit the Orchidland area and support the
development of the Neighborhood Village Center. Employment and service
opportunities would be increased, leading to a decrease in the need to commute
Figure 11: Orchidland Neighborhood Village Center
TMK (3) 1-6-010: 083
26
for residents. Access to emergency fire services and community safety would also be
improved under the proposed project.
3D. Surrounding Zoning and Land Uses
The subject parcel and surrounding parcels in all directions are zoned Agricultural 3-acre
(A-3a) and generally range in size from 1 - 3 acres. The surrounding area is composed of
a mixture of small farms, single-family residences, a commercial center (Orchidland
Estates Convenience Center), a restaurant, a church, and vacant parcels. The Orchidland
Estates Convenience Center includes a convenience store and gas station, Blaine’s Drive
Inn and the Orchidland General Store.
The Special Permit Amendment request would remain in keeping with the surrounding
area and would contribute to the small-scale commercial uses in the Orchidland
Neighborhood Village Center.
3E. Flood Insurance Rate Map
The Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM)
designates the subject property to be in Flood Zone X (areas outside of the 500-year
flood) (Figure 12). There are no identified drainage ways through the property and the
site has not been and should not be at risk of flooding.
3F. Archaeological Resources
As construction will be limited to areas that have been previously cleared, archaeological
resources are not expected to be encountered. No commissioned archaeological survey of
the site was carried out. Nevertheless, in the event any inadvertent discoveries are made
during any land disturbance activity relating to this project, work will cease, and the
applicants will immediately notify the Planning Department and the State Department of
Land and Natural Resources and secure their clearances before proceeding further.
3G. Valued Cultural Resources
In view of Hawai‘i State Supreme Court’s “PASH” and “Ka Pa‘akai O Ka‘Aina”
decisions, the issue relative to native Hawaiian gathering and fishing rights must be
addressed. Specifically, there must be a discussion of the cultural, historical and natural
resources and associated traditional and customary practices of this site.
The requested action involves utilizing the existing structures on the property to establish
a Trade Center. No archeological, historical or cultural resources are known to be located
on the property. It is not known whether the subject site or immediate surrounding area
was ever used for traditional and customary rights by native Hawaiians. However, it
would appear unlikely that the site would serve such a purpose today and/or in the recent
past due to previous development. Furthermore, the subject property is not proximate to
the shoreline and thus coastal access and traditional practices are not affected.
Figure 12: Flood Hazard ZonesTMK (3) 1-6-010: 083
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Additionally, the property does not contain any trails to mauka forested areas for
gathering or hunting. The previous development of the property makes the discovery of
new resources unlikely. However, in the event any archeological resources were to be
found on the property, all uses of the land would cease, and the Department of Land and
Natural Resources State Historic Preservation Division would be contacted immediately.
Based on the above, it does not appear that the project would have any potential adverse
impact relating to the cultural and historical resources in the area.
3H. Flora and Fauna Resources
Although there was no professional survey of the floral and faunal resources of the site,
the parcel has been previously cleared and developed. As such, the applicant does not
believe that any rare or endangered floral or faunal resources are likely to be found on
the site. Thus, it is unlikely that this project would cause any adverse faunal impacts.
Introduced bird species such as dove, Japanese White-eye, house finch and myna are
common in the area. Domestic animals such as cats, dogs, goats, chickens and other
animals such as rats and feral pigs are also common and are not considered endangered.
It is possible that the Hawaiian Hawk (Buteo solitarius) and Hawaiian owl (Asio
flammeus sandwichensis) may use the area. The endemic Hawaiian hoary bat (Lasiurus
cinereus semotus) also may utilize the site as they are far ranging and utilize diverse
habitats across the island. However, no new building construction is proposed. Thus,
potential impacts to native birds and the Hawaiian hoary bat should be negligible.
Vegetation on the property primarily includes introduced grasses and shrubs, such as
fireweed, sleeping grass, and Asian sword fern. Again, as the property has been cleared,
the project does not anticipate an impact on floral resources.
3I. Public Access
The subject parcel is located approximately 4.5 miles from the shoreline. As such, no
public access will be affected by this request.
3J. Description of Access
The subject parcel is accessed via Orchidland Drive, approximately 1,000 feet west of
the intersection of Orchidland Drive and the Keaau Pahoa Road. The project does not
propose to take access from 34th Avenue. Orchidland Drive is privately owned and
maintained by the Orchidland Community Association (OLCA). Orchidland Drive is a
60-foot right-of-way with approximately 28 feet pavement width at its intersection with
the Kea’au Pahoa Road, however, it narrows as it approaches the proposed parcel,
decreasing in width to approximately 24 ft. The trade center will be accessed from
Orchidland Drive via a 30 ft driveway as shown in the site plan. 47 standard parking
spaces and 2 ADA compliant spaces are proposed. It is noted that a letter was mailed to
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the Orchidland Community Association requesting their comments on this application
on November 13, 2025 (Exhibit C). To date we have not received comments.
3K. Traffic Impacts
Traffic on Orchidland Drive is generally low and made up primarily of residents of the
area and users of the shopping/commercial area east of the parcel. While the proposed
use would generate an increase in traffic to the subject site, the increase in peak hour trips
is not expected to be significant. According to the Institute of Traffic Engineers Trip
Generation Manuel, 11th Edition, the proposed project is estimated to generate
approximately 27 peak hour trips. This trip generation estimate is based on an estimated
1.93 average peak hour trips per 1,000 square feet of specialty trade contractor space and
an average 9.05 peak hour trips per 1,000 square feet of high turnover sit-down restaurant
space. Note, specialty contractor space trip generation rates are also used for the
commercial kitchen uses since there is no standard trip generation in the manual for this
use. The commercial kitchen use is not anticipated to be a significant traffic generator
since no customer visits or retail use would be allowed.
The intersection between Orchidland Drive and Highway 130 is the primary intersection
of concern. The Department of Transportation (HDOT) has planned improvements to this
intersection to mitigate concerns surrounding congestion and intersection safety. These
improvements (HS17) are outlined on their Statewide Transportation Improvement
Program (STIP) and are scheduled for construction in 2026. In addition, the
establishment of the trade center has the potential to positively affect traffic through
providing additional commercial and employment opportunities within Orchidland,
reducing the need for community residents to travel for work or services.
3L. Availability of Utilities
HELCO power is available to the site. The existing buildings on the site have installed
stub-ups for utilities. Wastewater will be handled by the septic system constructed
alongside the existing buildings pursuant to Department of Health regulations. County
water service is available to the site via the waterline extension across Orchidland Drive
from the master meter located on parcel number 1-6-009:388.
All other necessary utilities (i.e. phone, cable, internet) are available to the site.
III. REGULATORY ANALYSIS
4A. Coastal Zone Management
The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the
existing dwellings were permitted through the Special Management Area process. There
are no public access, scenic or open space resources on the subject site.
30
4B. Impacts to Surrounding Properties
The proposal to establish a Trade Center on the subject property will not have a
significant adverse impact on the surrounding properties. It will not contain activities
which would generate substantial adverse impacts of a noxious character, with most of
the proposed uses being service-oriented.
Additionally, the property is within the Orchidland Neighborhood Village Center, which
designates it as the area most appropriate for commercial development. The proposed
project would provide economic opportunities for Orchidland residents and potentially
decrease the need to travel further for commercial products and services. Furthermore,
as the proposed uses will occur within existing structures, visual and noise impacts will
be minimal. Appropriate landscaping will also be incorporated to mitigate any potential
visual and/or noise impacts.
4C. Impacts to Public Agencies
The proposed project will not unreasonably burden public agencies to provide roads and
streets, sewers, water, drainage, school improvements, and police and fire protection.
The subject site is accessible via Orchidland Drive and no additional utilities will need
to be provided by public agencies.
4D. Unusual Conditions
In recognizing that lands within Agricultural districts might not be best suited for
agricultural activities and yet classified as such, and in recognition that certain types of
uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawai‘i
Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual
and reasonable uses within the Agricultural and Rural districts other than those for
which the district is classified.
The subject property is in the Agricultural district and is classified by the Land Study
Bureau Overall Master Productivity Rating as containing “E” or “very poor” soils,
making it unsuitable for productive agriculture. The property is not ideal for agricultural
uses, as shown by the previous Special Permits for the original trade center and
elementary school. Additionally, being located within the Orchidland Neighborhood
Village Center makes the subject site ideal for commercial use and aligns with County
land use goals.
Approval of the applicant’s special permit amendment request to establish a Trade
Center will allow the existing structures to be used similar to their original purpose, as
being constructed under the plans for the original regional trade center. Additionally,
operating the Trade Center will allow the applicant to provide economic opportunities,
products, and services to the rural area of Orchidland.
31
Thus, the Special Permit Amendment seeks to establish the Trade Center on the property
while keeping with the intent of the agricultural district. Therefore, it is reasonable that
the applicants be permitted to pursue this unusual use in the Agricultural district.
4E. Land Suitability for Permitted Use
As mentioned above, according to the Land Study Bureau Overall Master Productivity
Rating, the subject property is classified as “E” or “very poor”. Thus, the soils on the
property are not suitable for agricultural uses. Although it is possible that some
agricultural activities may be conducted on the subject property, the approval of the
requested Special Permit Amendment would not be contrary to the objectives of the
State Land Use Law and Regulations given the soil’s poor agricultural potential and
relatively small parcel size. Therefore, approval of this request would not represent a
significant impact to the agricultural land inventory within the County and would not be
contrary to the intent and purpose of State Land Use laws. Additionally, the property has
already been permitted for the trade center under SPP 94-000003.
4F. Land Character and Present Use
The proposed use will not substantially alter or change the essential character or use of
the land. The Trade Center will be established within the existing structures and no new
construction outside of access and parking improvements are proposed under the Special
Permit Amendment request. The subject property is currently unused although there has
been significant investment in site infrastructure and improvements. The proposed Trade
Center would allow these improvements on the property to be utilized as originally
intended under the initial Special Permit request. The commercial developments and
church to the northeast of the subject property have solidified this area as a core of
neighborhood services, and the proposed use is in alignment with this trend.
Therefore, the Special Permit Amendment request will not alter or be detrimental to the
essential character of the land or surrounding area; rather, it will assist the landowner in
realizing the property’s potential through the addition of an unusual, yet compatible and
reasonable use.
4G. Relationship to General Plan
The proposed use will not be contrary to the goals, policies, and standards of the General
Plan or the Puna Community Development Plan. As discussed in Section 3C, the
proposed use conforms to the General Plan’s economic, environmental and land use
goals and policies. The project will provide valuable services and opportunities for the
surrounding community. Additionally, the project is consistent with goals and objectives
in the Puna Community Development Plan and the future vision outlined for the
Orchidland Neighborhood Village Center.
32
4H. Unusual and Reasonable Use
The proposed use is an unusual and reasonable use of the land, which would not be
contrary to the objectives sought by Land Use Law and Regulations, which, for the
Agricultural District, seek to preserve or keep the land of high agriculture potential in
agriculture usage. Lands in the Agricultural District include areas with a high capacity or
potential for agricultural uses but also lands which are surrounded by or contiguous to
agricultural lands and which are not suited to agricultural uses by reason of topography,
soils or other related characteristics.
The soils on the subject property are not suited for agricultural use as they are classified
by the Land Study Bureau as “E” or “very poor”. Although it is possible that some
agricultural uses may be conducted on the subject property, approval of the proposed use
would not be contrary to the objectives of the State Land Use Law and Regulations
given the poor soil quality and classifications and the small parcel size. Thus, it is the
landowner’s intent to establish an alternate use for the property while optimizing the
overall use of the land by utilizing existing improvements on the property.
Therefore, the approval of the subject request would be an usual yet reasonable use of
the land and will not adversely impact the agricultural land inventory in the County of
Hawai‘i nor would it be contrary to the intent and purpose of the State Land Use Law.
130 Holdings LLC
Page 2
professional engineer licensed in the State ofHawai'i and submit a water
commitment deposit in accordance with the "Water Commitment Guidelines
Policy"to the Department ofWater Supply within 180 days from the effective
date ofthis amended permit.
3.Construction ofthe proposed development shall be completed within five (5)
years from the effective date ofthis amendment.This time period shall include
securing Final Plan Approval from the Planning Director in accordance with the
Zoning Code.Plans shall identify proposed structure(s},fire protection measures,
access roadway,driveway and parking stalls.Landscaping shall be indicated on
the plans for the purpose ofmitigating any potential adverse noise or visual
impacts to adjoining parcels.Landscaping shall be provided in accordance with
the requirements ofPlanning Department's Rule No.17 (Landscaping
Requirements)standards for CV zones adjoining a RS zone.
4.The applicants shall comply with the design guidelines inthe development ofthe
proposed regional trade center as detailed by the Orchidland Estates Community
Association in their letter to the Planning Director dated February 24,1994,
except for the requirement for the project to operate on county water and provide
an additional fire hydrant.
5.The applicant shall develop sufficient water storage to meet the requirements of
the Department ofHealth and the Fire Department for sanitation and firefighting
purposes for the proposed development.The storage facility shall be completed
prior to Certificate ofOccupancy and kept filled with enough water to meet the
applicable Department of Health and Fire Department requirements.Ifan
improvement district or similar project is proposed which would make county
water available to the property,the owner shall participate and pay its fair share of
any applicable construction costs and connect to the County water system.
6.The applicant shall provide pavement improvements to the northern halfof
Orchidland Drive along the subject property's entire Orchidland Drive frontage
meeting with the Department ofPublic Works Standard Detail R-33 for Rural
Collector Standards,prior to the issuance ofa certificate ofoccupancy for any
portion ofthe proposed project.
7.Channelization,signalization and street lighting improvements to the intersection
ofHighway 130 and Orchidland Drive shall be provided by the applicant if
required by the Department ofTransportation,prior to the issuance ofa certificate
ofoccupancy for any portion ofthe proposed development.
130 Holdings LLC
Page 3
8.The regional trade center operations shall be limited to 6:00 a.m.to 11 :00 p.m.
Uses permitted within the proposed regional trade center shall be limited to those
uses specified by the applicants within the Planning Director's Background Report
dated May 10,1994 as Exhibit E -Orchidland Trade Center -Project Overview
and food service uses.
9.The applicant shall provide an 8-foot high chain link fence or ofcomparable
security effect along the boundaries with the adjacent properties identified by
TMK:1-6-10:46 and 81.
10.A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate ofOccupancy.
11.The applicant(s)shall comply with applicable laws,rules and regulations ofthe
affected agencies,including those ofthe Department ofHealth and the Fire
Department.
12.An annual progress report shall be submitted to the Planning Director prior to the
anniversary date ofthe approval ofthe permit.The report shall include,but not be
limited to,the status ofthe development and the extent to which the conditions of
approval are being complied.This condition shall remain in effect until all ofthe
conditions ofapproval have been complied and the Planning Director
acknowledges that further reports are not required.
13.Ifthe applicants should require an additional extension oftime,the Planning
Director shall submit the applicants'request to the Planning Commission for
appropriate action.
Further,should any ofthe conditions not be met or substantially complied with in a timely
fashion,the Director shall initiate procedures to revoke this 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 ofthe affected
agencies.
Approval ofthis amendment is based on the reasons given in the attached recommendation
report.
130 Holdings LLC
Page 4
Should you have any questions,please contact Daryn Arai ofthe Planning Department at
961-8288,ext 8142.
Sincerely,
Ronald Gonzales,Chairman
Windward Planning Commission
L130holdingsamendspp870wpc
Enclosure:PC Recommendation Report
cc:Department ofPublic Works
Department ofWater Supply
County Real Property Tax Division
State Land Use Commission
State Department of Transportation
State DLNR-HPD
Mr.Gilbert Bailado
/
COUNTY OF HAWAI'I
PLANNING COMMISSION RECOMMENDATION
130 HOLDING LLC
AMENDMENT TO CONDITION NOS.2,3,4,5,6 &7 OF SPECIAL PERMIT NO.870
The applicant is requesting amendments to various conditions ofSpecial Permit
No.870,which was originally approved to allow the establishment ofa regional trade
center on 2.311 acres of land.General services approved for the regional trade center
include a variety ofhome,garden and animal supplies;catchment supplies,sales &
service;solar water heaters;office space for service businesses such as electrical,
plumbing,landscaping,gardening,auto repair,farmer cooperative and home business
outlet.Additionally,the permit was amended in 2003 to include food service uses
(restaurant).The following conditions are requested to be amended by the applicant:
Condition No.2 (time to complete construction):The applicant is requesting a 5-year
time extension to complete construction ofthe proposed development.The condition
states the following:
"Construction ofthe proposed development shall be completed within five (5)years from
the effective date ofthis amendment.This time period shall include securing Final Plan
Approval from the Planning Director in accordance with the Zoning Code.Plans shall
identify proposed structure(s),fire protection measures,access roadway,driveway and
parking stalls.Landscaping shall be indicated on the plans for the purpose ofmitigating
any potential adverse noise or visual impacts to adjoining parcels.Landscaping shall be
provided in accordance with the requirements ofPlanning Department's Rule No.17
(Landscaping Requirements)standards for CV zones adjoining a RS zone."
The applicant states that they have made significant progress since the last time
extension approval in 2008.There have been two (2)building shells constructed that are
stubbed out with electricity and plumbing.There have also been significant
infrastructure improvements including drywells,waterlines,a septic system and drain
lines.The applicant states that they have invested one million dollars towards this
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project.The Planning Department recommends that this amendment request for
Condition No.2 be approved.
Condition No.3 (comply with design guidelines):The applicant is requesting that
Condition No.3 be deleted.The applicant states that most ofthe requirements detailed in
Orchidland Estates Community Association's letter dated February 24,1994 are no
longer applicable.The condition states the following:
"The applicants shall comply with the design guidelines in the development ofthe
proposed regional trade center as detailed by the Orchidland Estates Community
Association in their letter to the Planning Director dated February 24,1994,except for
the requirement for the project to operate on county water and provide an additional fire
hydrant."
The community association's letter dated February 24,1994 (p.D.Exhibit 2)was
an agreement between the association and the applicant by which the applicant agreed to
abide by the conditions stated within the Association's letter that was subsequently
incorporated as conditions within the Planning Commission's approval.The Orchidland
Estates Community Association requested not to delete this condition.Therefore,it is
recommended that the amendment request be deniec:t at this time.
Condition No.4 (water storage):The applicant states that they have entered into an
agreement with Orchidland Gulsons LLC to connect to the existing waterline and that
construction plans have been approved.They are requesting that the condition be
amended to allow for either on-site water storage or connection to County water.The
condition states the following:
"The applicant shall develop sufficient water storage to meet the requirements ofthe
Department ofHealth and the Fire Department for sanitation and firefighting purposes for
the proposed development.The storage facility shall be completed prior to Certificate of
Occupancy and kept filled with enough water to meet the applicable Department of
Health and Fire Department requirements.Ifan improvement district or similar project is
proposed which would make county water available to the property,the owner shall
participate and pay its fair share ofany applicable construction costs."
-2-
When this project was originally approved,the applicant was required to connect
to County water and to provide a fire hydrant based on the February 24,1994 agreement
letter between the community association and the applicant.Although County water was
supplying Orchidland Estates Convenience Center across Orchidland Drive,the applicant
could not come to an agreement with the owners to hook up to the private water line.
The other option was to have the applicant construct a new water line from
Highway 130 to their property to connect to County water,which would have been very
costly.On September 4,2008,the applicant requested an amendment to allow the option
to develop a sufficient water storage on-site to meet the requirements ofthe Department
ofHealth and the Fire Department for sanitation and firefighting instead ofhooking up to
County water.Although the condition was amended to allow on-site water storage,a
portion ofthe condition still required that applicant to hook up to County water ifit
became available.At this time,the applicant is requesting to allow either the option of
hooking up to County water or to have an on-site water storage system.
The Planning Department recommends that the condition remain as it is currently
written,which allows the applicant to store water on-site ifCounty water does not
become available but still requires the applicant to hook up to County water ifit does
becomes available.With the agreement with Orchidland Guisons,LLC in place,County
water is now available and the Planning Department is recommending for the applicant to
connect to the water system.Therefore,it is recommended that this amendment request
be denied.
Condition No.5 (access improvements):The applicant is requesting to delete portions
ofthe condition that requires the applicant to provide improvements within the
un-improved portions ofOrchidland Drive up to and including the subject property's
entire Orchidland Drive's frontage and to only improve one-halfofOrchidland Drive·in
front ofthe subject property's Orchidland Drive frontage.The condition states the
following:
"Access to the subject property from Orchidland Drive shall be designed and engineered
to substantially conform to the Department ofPublic Works specifications for
commercial driveways,without sidewalks.The applicant shall provide pavement
-3-
improvements within the un-improved portions ofOrchidland Drive up to and including
the subject property's entire Orchidland Drive frontage meeting with the Department of
Public Works Standard Detail R-33 for Rural Collector Standards,prior to the issuance of
a certificate ofoccupancy for the proposed development.Road improvements to
Orchidland Drive as specified under this condition shall not include those obligation(s)
for roadway improvements as required under Special Permit No.569."
The Planning Department sent a letter to the applicant dated November 1,2010
(Exhibit D ofthe Special Permit Application)clarifying the Planning Department's
position regarding the required road improvements along Orchidland Drive and supports
the amendment request for this condition.
The Planning Department,in consultation with the Department ofPublic Works,
has revised this condition for access improvements and requests that this amendment
request for Condition No.5 be approved.
Condition No.6 (intersection improvements):The applicant is requesting that this
condition to improve the intersection ofOrchidland Drive and Highway 130 with
channelization,signalization and street lighting,ifrequired by the Department of
Transportation,be deleted because its cost could render the project unfeasible.The
condition states the following:
"Channelization,signalization and street lighting improvements to the intersection of
Highway 130 and Orchidland Drive shall be provided by the applicant ifrequired by the
Department ofTransportation,prior to the issuance ofa certificate ofoccupancy for any
portion ofthe proposed development:'
Since this project was first approved in 1994,there have been several safety
improvements to the Orchidland Drive and Highway 130 intersection,including a left
turn lane,a storage lane and a deceleration lane.There are still significant concerns
regarding the safety ofthis intersection as it is not signalized.In a recent Special Permit
approval in the immediate area,a condition was added that no building permit for any
portion ofthe proposed commercial retail office building be granted until the contract for
the construction ofthe traffic light at the Shower Drive,Pohaku Drive and Highway 130
intersection is awarded by the State Department ofTransportation and that Certificate of
-4-
Occupancy shall not be approved until the traffic light at the Shower Drive,Pohaku Drive
andHighway 130 intersection is complete.This condition was added because ofsafety
concerns at the intersection with the increase oftraffic as a result ofthe added uses.
The Planning Department understands the applicant's request to delete this
condition because ofthe significant cost burdens upon a single applicant.The
Department ofTransportation did make contact with the Planning Department and asked
that the condition remain the same and not be deleted.As a result,the Planning Director
does not support deletion ofCondition No.6.
Condition No.7 (hours of operation):The applicant is requesting to change the hours
ofoperation from 6:00 a.m.to 9:00 p.m.The hours ofoperation requested would be from
6:00 a.m.to 11 :00 p.m.The applicant states that the 9:00 p.m.closing time would be too
restrictive for food service establishments,gas stations,grocery stores,and places where
meetings are held.The condition states the following:
"The regional trade center operations shall be limited to 6:00 a.m.to 9:00 p.m.Uses
permitted within the proposed regional trade center shall be limited to those uses
specified by the applicants within the Planning Director's Background Report dated May
10,1994 as Exhibit E -Orchidland Trade Center -Project Overview and food service
uses."
Additionally,the uses permitted for this project are listed in the above referenced
May 10,1994 exhibit (refer to Planning Department Exhibit 6),which does not list gas
stations and grocery stores as permitted uses as reflected within the applicant's
amendment request.Food service uses were added later as an amendment on June 20,
2003.The Planning Department would like to be clear on the record that the "food
service uses"proposed and approved at the time ofthe previous amendment in 2003 was
for a restaurant and not gas stations and grocery stores.
The Planning Department received a response from the Orchidland Estates
Community Association just before the Planning Commission hearing in which they were
supportive ofthe request amend Condition No.7 and therefore,it is recommended that
this request be approved at this time
-5-
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control ofthe applicants,successors or assigns,and that
are not the result or their fault or negligence.The project was originally approved to
allow numerous uses including a hardware and garden supply store,which was designed
as the anchor tenant for the project.Due to the economic downturn,the applicant has
been unable to locate a credible anchor tenant or to obtain financing for the project.
Without an anchor tenant,it is nearly impossible to obtain fmancing.They have invested
over one million dollars in construction costs from their own funds.Additionally,the
progress ofthe project was severely hampered when a hardware store was built across the
street within the Orchidland Estates Convenience Center under the guise of a general
store (True Value-Orchidland General Store).As a result,the applicants have had to re-
design the project and identitY an alternative use as the anchor tenant.
In the past,the project has been severely hampered by unexpected delays in the
process ofextending a County waterline to service the project site.The applicants had
plans engineered and submitted to the Department of Water Supply that detailed an
extension from the existing 12-inch waterline fronting the Orchidland Estates
Convenience Center on Orchidland Drive.The plans were rejected by the Department of
Water Supply because the owner ofOrchidland Estates Convenience Center did not
dedicate the existing waterline to the County.The Department ofWater Supply
suggested that the applicant engineer an additional waterline up the opposite (Hilo)side
ofOrchidland Drive from the Keaau-Pahoa Road (Highway 130)to the subject property.
The applicant paid for additional plans that received a favorable response from the
Department ofWater Supply.It was then discovered that the applicant would need
permission from the Department ofTransportation to access the main waterline,which
resides 6 inches within the State right-of-way on Highway 130 and which could require
the applicant to conduct an Environmental Assessment.The applicant previously
estimated the cost ofinstalling a waterline from Highway 130 to the Trade Center site to
exceed $350,000.There is,in addition,a problem with obtaining an easement within the
Orchidland Drive right-of-way to install the waterline because Orchidland Drive was
never conveyed to the Community Association and still belongs to the original
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subdivision developer,Hilo Development,an inactive corporation.On September 4,
2008,the applicant requested and received approval ofan amendment to allow the option
to develop a sufficient water storage system on-site to meet the requirements ofthe
Department ofHealth and the Fire Department for sanitation and firefighting instead of
hooking up to County water,unless County water became available.Previously,the
Orchidland Community Association has found that the new proposal to truck in and store
water on the property to be an acceptable alternative to the installation ofa municipal
water system.
All ofthese complications have prompted the applicant to request several
amendments to conditions,including a 5-year time extension to complete construction of
the proposed project.As discussed and recommended above,the Planning Director is
recommending approval for several amendment requests and denial ofseveral
amendment requests.
Based on the overall information,the non-performance is the result ofconditions
that could not have been foreseen and are beyond the control ofthe applicant,and was
not the result or their fault or negligence.
Approval ofthe selected requests would not be contrary to the General Plan
or Zoning Code,or the original reasons for the granting ofthe Special Permit.Since
the original approval ofthe Special Permit request,the General Plan has been amended.
The General Plan Land Use Pattern Allocation Guide (LUPAG)Map has been revised
from Orchards to Rural in this area Additionally,there is a Medium Density Urban node
located across the street on the Pahoa side ofOrchidland Drive between 35th Street and
Highway 130.The zoning for the area and the property has remained the same,which is
designated as State Land Use Agricultural and County Agricultural (A-3a).Therefore,
the approval ofthis request would not be contrary to the General Plan or the Zoning
Code.
Additionally,since the original approval ofthis Special Permit as amended,the
Puna Community Development Plan (CDP)was adopted by the Hawai'i County Council,
Ordinance 08 116,on September 10,2008.The Puna CDP has identified this are area as
the Orchidland Neighborhood Village Center.The Orchidland neighborhood village
-7-
center location was identified by the community association to be "located along
Orchidland Drive from Highway 130 to halfway between 34th and 35th Avenues",which
encompasses 15 parcels and an area ofabout 16 acres.The subject property is located on
the boundary within the village center.
The approval ofthis time extension request and the selected amendments would
not be contrary to the original reasons for granting Special Permit No.870,which was
approved to allow the establishment ofa regional trade center and include a variety of
home,garden and animal supplies;catchment supplies,sales &service;solar water
heaters;office space for service businesses such as electrical,plumbing,landscaping,
gardening,auto repair,farmer cooperative,home business outlet and later to include food
service uses.One ofthe original reasons for approval for the regional trade center was to
provide andpromote limited industrial uses to serve the needs ofresidents in this area of
Puna,which would not be available in the existing Orchidland Estates Convenience
Center.
Conditions ofapproval have been updated and revised based on compliance with
certain conditions and to reflect requests from governmental agencies.
Based on the above,amendments to Condition No.2 (time to complete construction),
Condition No.5 (access improvements),and Condition No.7 (hours ofoperation)are approved
and amendments to Condition No.3 (comply with design guidelines),Condition No.4 (water
storage)and Condition No.6 (intersection improvements)are denied.
-8-
Mr.Verne A.Wood
Page 2
the project.This extension of time should not unreasonably burden public agencies nor
have any adverse impact on existing public services to the area.The applicant would
still be required to provide roadway improvements up to the frontage of the subject
property in coordination with Sure Save Supermarkets,Ltd.All other agency
requirements would still need to be complied with.
Based on the above,the request to amend Condition No.4 of Special Permit No.870 would
not be contrary to the objectives sought to be accomplished by the State Land Use Law Rules
and Regulations or the original reasons for approving this permit.Condition No.4 is
amended as follows [bracketed material to be deleted and underlined material to be added]:
4.Construction of the proposed regional trade center and related improvements
shall be completed and a certificate ofoccupancy issued within [two]four (4)
years from the effective date of this [Special Permit]amendment.
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.
Should you have any questions,please feel free to contact Alice Kawaha or Susan Gagorik of
the Planning Department at 961-8288.
Sincerely,
~~~~
Leonard Tanaka,First Vice-Chairman
Planning Commission
LWoodVO1.PC
cc:Department of Public Works
Department of Water Supply
County Real Property Tax Division
State Land Use Commission
Kazu Hayashida,Director/DOT-Highways,Honolulu
Mr.Carl Okuyama
f
Mr.Verne Wood
Page 2
The desired use will also not unreasonably burden public agencies to provide
roads and streets,sewers,water,drainage,school improvements,police and fire
protection.Special Permit No.870 was approved by the Planning Commission on
June 7,1994 to establish a regional trade center on TMK:1-6-10:82.The applicants are
requesting an amendment to the scope ofthe project to include an adjacent additional
one-acre parcel ofland (TMK:1-6-10:83).Parcels 82 and 83 will be required to be
consolidated.The applicants are also requesting a time extension offour (4)years to
complete the project,citing unfavorable economic conditions.This extension oftime
should not unreasonably burden public agencies nor have any adverse impact on existing
public services to the area.The applicants are also requesting an amendment to
Condition No.8 to increase the hours ofoperation from "daylight"hours to "6:00 a.m.to
9:00 p.m.",and to allow food service uses.Although this is an expanded use,it would
not unreasonably burden public agencies to provide additional infrastructure.All other
agency requirements would still need to be satisfied.
A Traffic Assessment Report dated March 17,2003 was conducted for the
proposed development by Phillip Rowell and Associates.The report concluded that 1)a
traffic impact study would not be necessary given the estimated increase in traffic;2)the
levels ofservice will remain the same with or without the proposed project;and 3)traffic
signals are warranted for existing conditions and not as a result oftraffic generated by the
proposed project.The Department ofPublic Works had no comments or objections on
the traffic assessment report,and the Department ofTransportation stated that the
proposed amendments would not have a significant impact on State highway facilities.
Based on the above,the request to expand the project to include an adjoining one-
acre parcel ofland,and to amend Condition Nos.4 and 8 of Special Permit No.870
would not be contrary to the objectives sought to be accomplished by the State Land Use
Law Rules and Regulations or the original reasons for approving this permit.Related to
the amendment requests,additional conditions are proposed as follows.(Material to be
deleted is bracketed;material to be added is underscored):
1.The applicants,successors or assigns shall be responsible for complying
with all ofthe stated conditions ofapproval.
2.The applicant,its successors or assigns shall indemnify and hold the
County ofHawaii hannless from and against any loss,liability,claim or
demand for the property damage,personal injury and death arising out of
any act or omission ofthe applicant,its successors or assigns,officers,
employees,contractors and agents under this permit or relating to or
connected with the granting ofthis permit.
r•
..t-•Mr.Verne Wood
Page 3
[3.]4.
[4.]5.
[5.]6.
[6.]7.
[7.]&
[8.]9.
Tax Map Keys 1-6-10:82 and 83 shall be consolidated prior to receipt of
Final Plan Approval.
Final Plan Approval ofthe regional trade center complex shall be secured
from the Planning Department in accordance with Chapter 25-243 ofthe
Zoning Code.Plans shall identify proposed structures,paved (concrete or
asphalt-concrete)driveway and parking areas associated with the proposed
use.Appropriate landscaping shall be provided for the purpose of
mitigating any noise and visual impacts which may be generated by the
facility.
Construction ofthe proposed regional trade center and related
improvements shall be completed and a certificate ofoccupancy issued
within [two]four (4)years from the effective date ofthis [Special Permit]
amendment.
The applicants shall comply with the design guidelines in the development
ofthe proposed regional trade center as detailed by the Orchidland Estates
Community Association in their letter to the Planning Director dated
February 24,1994.
Access to the subject property from Orchidland Drive shall meet with the
approval ofthe Department ofPublic Works.The applicant shall provide
pavement improvements within the un-improved portions ofOrchidland
Drive up to and including the subject property's entire Orchidland Drive
frontage in a manner meeting with the approval ofthe Department of
Public Works,prior to the issuance ofa certificate ofoccupancy for the
proposed development.Road improvements to Orchidland Drive as
specified under this condition shall not include those obligation(s)for
roadway improvements as require ofSure Save Supermarkets under
Special Permit No.569.
Channelization,signalization and street lighting improvements to the
intersection ofHighway 130 and Orchidland Drive shall be provided by
the applicants ifrequired by the Department ofTransportation,prior to the
issuance ofa certificate ofoccupancy for any portion ofthe proposed
development.
The regional trade center operations shall be limited to [daylight hours]
6:00 a.m.to 9:00 p.m.Uses permitted within the proposed regional trade
center shall be limited to those uses specified by the applicants within the
I ...
'tI Mr.Verne Wood
Page 4
Planning Director's Background Report dated May 10,1994 as Exhibit E -
Orchidland Trade Center -Project Overview and food service uses.
10.The applicant shall provide an 8-foot high chain link fence or of
comparable security effect along the boundaries with the adjacent
properties identified by TMK:1-6-10:46 and 81.
[9.]ll..The applicant(s)shall comply with applicable laws, rules and regulations
ofthe affected agencies,including those ofthe Department ofHealth and
the Fire Department.
[10.]12.An annual progress report shall be submitted to the Planning Director prior
to the anniversary date ofthe approval ofthe permit.The report shall
include,but not be limited to,the status ofthe development and the extent
to which the conditions ofapproval are being complied.This condition
shall remain in effect until all ofthe conditions ofapproval have been
complied and the Planning Director acknowledges that further reports are
not required.
[11.]13...An extension oftime for the performance ofconditions within the permit
may be granted by the Planning Director upon the following
circumstances:a)the non-performance is the result ofconditions that
could not have been foreseen or are beyond the control ofthe applicant,
successors,or assigns and that are not the result oftheir fault or
negligence;b)granting ofthe time extension would not be contrary to the
General Plan orZoning Code;c)granting ofthe time extension would
not be contrary to the original reasons for the granting ofthe permit;and
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).Further,
should any ofthe conditions not be met or substantially complied with in a
timely fashion,the Director shall initiate procedures to revoke this permit.
This approval does not,however,sanction the specific plans submitted with the request as they
may b.e subject to change given specific code and regulatory requirements ofthe affected
agenCIes.
..;"
•
Mr.Verne Wood
PageS
Should you have any questions,please contact Nonnan Hayashi ofthe Planning Department at
961-8288.
Sincerely,
Lvernewoodpcappspp870
cc:Department ofPublic Works
Department ofWater Supply
County Real Property Tax Division
State Land Use Commission
Rodney Haraga,Director/DOT-Highways,Honolulu
Orchidland Gulsons,LLC
Mr.Verne Wood
June 6,1994
Page 2
the development of lands in the state for those uses to
which they are best suited in the interest of the pUblic
health and welfare of the people of the state of Hawaii.
In the case of the Agricultural districts,the intent
of the state Land Use Law Rules and Regulations is to
preserve or keep lands of high agricultural potential in
agricultural use.The Agricultural District not only
includes lands with a high capacity or potential for
agricultural uses,but also lands which are surrounded by or
contiguous to agricultural lands and which are not suited to
agricultural and ancillary activities by reason of
topography,soils and other related characteristics.
The land on which the proposed regional trade center is
located is not well suited for agricultural uses.soil
within the property,which consist of pahoeho~lava,is not
classified by the Agricultural Lands of Importance to the
State of Hawaii (ALISH)map system and is designated as "E"
or "Very Poor"by the Land study Bureau for agricultural
productivity.Although it is possible that some
agricultural activities may be conducted on the project
site,approval of the supject request would not be contrary
to the objectives of the State Land Use Law and Regulations
given the soil's capability class rating for agricultural
productivity,it not being classified by the ALISH map
system,its soil structure and small parcel size.
Therefore,it is anticipated that the proposed use will not
adversely impact the agricultural land inventory within the
County of Hawaii and not be contrary to the intent and
purpose of the State Land Use Law.
The request is not contrary to goals,policies and
standards of the General Plan.Approval of the proposed use
would compliment the following goals and policies of the
Economic Element of the General Plan:
o Economic development and improvement shall be in
balance with the physical and social environments of
the island of Hawaii.
o The County shall provide an economic environment which
allows new,expanded,or improved economic
opportunities that are compatible with the County's
natural and social environment.
o The County shall strive for diversification of its
economy by strengthening existing industries and
attracting new endeavors.
Mr.Verne Wood
June 6,1994
Page 3
The approval of this request would also be consistent
with the following goals and policies of the Land Use
Element of the General Plan which states:
o Designate and allocate land uses in appropriate
proportions and mix and in keeping with the social,
cultural,and physical environments of the county.
o Protect and encourage the intensive utilization of the
county's important agricultural lands.
o The county shall encourage the development and
maintenance of communities meeting the needs of its
residents in balance with the physical and social
environment.
o Industrial development 'shall maintain or,improve the
quality of the present environment.
o Industrial activities may be located close to raw
materials or key resources.
o Buffer zones shall/be established between industrial
and adjacent noncompatible uses of land.
o Industrial development shall be conveniently located to
its labor resource.
Although the major component of the request is limited
industrial in nature,its approval at this particular
location would compliment the existing Orchidland Estates
Convenience Center by providing and promoting limited
industrial uses to create a "regional trade center"which
will serve the needs of residents in this portion of Puna
within a centralized and convenient location.The proposed
regional trade center will provide convenient space for
various trades people within the Puna area to conduct their
business,thereby concentrating and promoting the talents of
the people of Puna for the benefit of the entire community.
The regional trade center would provide for potable water-
related sales and services as well as the retail sale of
hardware,garden and animal supplies.These are services
which will not be available at the Orchidland Estates
Convenience Center nor the immediately surrounding region ,
but which are essential to the residents of this portion of
Puna.
The proposed use will not have any significant adverse
effects on the surrounding properties.The proposed
"regional trade center"will not contain activities which
Mr.Verne Wood
June 6,1994
Page 4
would generate substantial adverse impacts of a noxious
character or involve the use of noxious materials.with the
exception of a home and garden center,many of the proposed
uses are service-oriented,meaning that much of its business
will not conducted on the project site.Trades people such
as carpenters,electricians,and plumbers will utilize the
proposed trade center as a base for their operations.
However,to ensure the mitigation of any adverse visual or
noise impacts to adjoining single family residences,
appropriate landscaping and paved access and parking areas
are recommended.It is also recommended that the operation
of the regional trade center be limited to daylight hours.
The proposed use will not substantially alter or change
the essential character of t~e land and the present use.
The project site is currently vacant of any use.
Surrounding properties are improved as residential homesites
or remain vacant.While the proposed use will change the
existing character of the project site,it is a change which
compliments the progression of uses along this portion of
Orchidland Drive.Makai of the project site along
Orchidland Drive is an existing church.Mauka of the church
is an existing Wiki wik~Mart.The proposed Orchidland
Estates Convenience Center will rise on the wiki wiki Mart
site and an adjacent mauka parcel.The church,wiki wiki
Mart and proposed Orchidland Estates convenience Center have
solidified this portion of Puna as the "core"for services
to be provided to surrounding communities.Therefore,the
proposed "regional trade center"will not change the
character of the area,but will enhance its standing as the
focal point for commercial/limited industrial uses servicing
the region.A condition of approval is recommended to
ensure that the proposed regional trade center accommodates
only those uses as specified by the applicants.This
prevent the proposed development from accommodating a use
not considered by the Planning commission.
The proposed use will not unreasonably burden pUblic
agencies to provide roads and streets,sewers,water,
drainage,school improvements,police and fire protection.
Wastewater disposal will be accommodated within an
individual wastewater treatment (septic)system.The
Department of Health will enforce wastewater disposal
regulations.County water is available to the sUbject
property.Other essential utilities and services are or
will be made available.Access from Highway 130 to the
subject property will be via Orchidland Drive,a private
roadway having a right-of-way of 60 feet.Orchidland Drive
is currently improved with an approximately 20-foot wide
pavement from Highway 130 to a point just mauka of the
"'
Mr.Verne Wood
June 6,1994
Page 5
existing wiki wiki Mart driveway.Access then proceeds over
a 20-foot wide gravel surface to the project site.It is
recommended that the applicants improve Orchidland Drive to
County standards beyond any roadway improvements required of
Sure Save Supermarket as condition of approval of the
Orchidland Estates Convenience Center (Special Permit 569).
The Department of Transportation recommends that
channelization,street lighting and signalization
improvements be provided at the Highway 130-0rchidland Drive
intersection.This intersection is already channelized and
has street lighting.The extent of additional
channelization and street lighting improvements and the
installation of traffic signals,if any,are not known at
this time.Therefore,it is recommended that a general
condition requiring such improvements,if any,be provided
by the applicants.All other essential public utilities,
services and facilities are or will be made a~ailable to
support the proposed development.
Unusual conditions,trends and needs have arisen since
the district boundaries and regulations were established.
This portion of Puna contains large subdivisions such as the
2,500+-lot Orchidland Estates Subdivision and 8,OOO+-lot
Hawaiian Paradise Park Subdivision.These massive
subdivisions are located between the towns of Keaau and
Pahoa,which provides for the commercial and industrial uses
which support the entire district.However,these towns are
located approximately 5 miles from the project site and does
not provide the level of convenience one associates with a
typical residential area.Unfortunately,this portion of
Puna does not contain the comprehensive infrastructural
improvements which would support an Urban core such as those
found in Hilo,Keaau and Pahoa.While recognizing the
remote location of these subdivisions,the inability of the
area to support substantial Urban development,and the need
to provide limited convenience services to area residents,
the applicants have sought an available land use mechanism
which recognizes the opportunities to establish unusual and
reasonable uses on agricultural lands to benefit the
community while not compromising the integrity of the State
Land Use Law and Regulations.
Based on the above consideration,it is determined that
the establishment of a regional trade center is an unusual
and reasonable use of land,which would not be contrary to
the objectives sought to be accomplished by the Land Use Law
Rules and Regulations.
Approval of this request is subject to the following conditions:
Mr.Verne Wood
June 6,1994
Page 6
1.The applicant,successors or assigns shall be
responsible for complying with all of the stated
conditions of approval.
2.The applicant,its successors or assigns shall
indemnify and hold the County of Hawaii harmless from
and against any loss,liability,claim or demand for
the property damage,personal injury and death arising
out of any act or omission of the applicant,its
successors or assigns,officers,employees,contractors
and agents under this permit or relating to or
connected with the granting of this permit.
3.Final Plan Approval of the regional trade center
complex shall be secure~from the Planning Department
in accordance with Chap~er 25-243 of the.Zoning Code.
Plans shall identify proposed structures"paved
(concrete or asphalt-concrete)driveway and parking
areas associated with the proposed use.Appropriate
landscaping shall be provided for the purpose of
mitigating any noise and visual impacts which may be
generated by the facility.
i4.Construction of the proposed regional trade center and
related improvements shall be completed and a
certificate of occupancy issued within two (2)years
from the effective date of this special Permit.
5.The applicants shall comply with the design guidelines
in the development of the proposed regional trade
center as detailed by the Orchidland Estates Community
Association in their letter to the Planning Director
dated February 24,1994.
6.Access to the sUbject property from Orchidland Drive
shall meet with the approval of the Department of
Public Works.The applicant shall provide pavement
improvements within the un-improved portions of
Orchidland Drive up to and including the subject
property's entire Orchidland Drive frontage in a manner
meeting with the approval of the Department of Public
Works,prior to the issuance of a certificate of
occupancy for the proposed development.Road
improvements to Orchidland Drive as specified under
this condition shall not include those obligation(s)
for roadway improvements as required of Sure Save
Supermarkets under Special Permit No.569.
7.Channelization,signalization and street lighting
improvements to the intersection of Highway 130 and
Mr.Verne Wood
June 6,1994
Page 7
Orchidland Drive shall be provided by the applicants if
required by the Department of Transportation,prior to
the issuance of a certificate of occupancy for any
portion of the proposed development.
8.The regional trade center operations shall be limited
to daylight hours.Uses permitted within the proposed
regional trade center shall be limited to those uses
specified by the applicants within the Planning
Director's Background Report dated May 10,1994 as
Exhibit E -Orchidland Trade Center -Project Overview.
9.The applicant(s)shall comply with applicable laws,
rules and regulations of the affected agencies,
including those of the Department of Health and the
Fire Department.',
10.An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
approval of the permit.The report shall include,but
not be limited to,the status of the development and
the extent to which the conditions of approval are
being complied.T~is condition shall remain in effect
until all of the conditions of approval have been
complied and the Planning Director acknowledges that
further reports are not required.
11.An 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
applicant,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;and 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).Further,should any of the
conditions not be met or sUbstantially complied with in
a timely fashion,the Director shall initiate
procedures to revoke this 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.
130 Holding LLC
c/o Mr. Verne Wood
Page 2
"Construction of the proposed regional trade center and related
improvements shall be completed and a certificate of occupancy issued
within four (4) years from the effective date of this amendment."
Additionally,the applicant is requesting to delete the requirement within the
Orchidland Estates Community Association's letter dated February 24, 1994 for the
project to operate on county water and provide an additional fire hydrant, as required by
Condition No.6,which states:
"The applicants shall comply with the design guidelines in the development of the
proposed regional trade center as detailed by the Orchidland Estates Community
Association in their letter to the Plfnning Director dated February 24,19.94."
Orchidland Community Associati~n drafted a letter dated February 24, 1994,
which stated certain design guidelines for the Orchidland Trade Center that were agreed
upon by the Association and the applicant. The Planning Commission conditioned the
applicant to comply with these guidelines as stated within the letter. One of these'
guidelines stated that the project was to operate on county water and provide an
additional fire hydrant.The applicant is requesting to truck in and store potable water on
the property for the needs of the project. The applicant is the owner and founder of Puna
Water Service and has the resources to truck and store water on the property.
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 or their fault or negligence.The project was originally approved to allow numerous
uses including a hardware and garden supply store, which was designed as the anchor
tenant for the project.According to the applicant, the progress ofthe project was severely
hampered when a hardware store was built across the street within the Orchidland Estates
Convenience Center under the guise of a general store (True Value-Orchidland General
Store). As a result, the applicants have had to re-design the project and identify an
alternative use as the anchor tenant.
Additionally,the project has been severely hampered by unexpected delays in the
process of bringing a County waterline to the project site. The applicants had plans
engineered and submitted to the Department of Water Supply that detailed an extension
from the existing 12-inch waterline fronting the Orchidland Estates Convenience Center
on Orchidland Drive. The plans were rejected by the Department ofWater Supply
because the owner of Orchidland Estates Convenience Center did not dedicate the
waterline to the County. The Department of Water Supply suggested that the applicant
engineer an additional waterline up the opposite (Hilo) side of Orchidland Drive from the
Keaau-Pahoa Road (Highway 130) to the subject property. The applicant paid for
130 Holding LLC
c/o Mr. Verne Wood
Page 4
The approval ofthis time extension request would not be contrary to the original
reasons for granting Special Permit No. 870,which was approved to a regional trade
center to include a variety of home,garden and animal supplies;catchment supplies,sales
&service;solar water heaters;office space for service businesses such as electrical,
plumbing,landscaping,gardening,auto repair,farmer cooperative,home business outlet
and later to include food service uses. One ofthe original reasons for approval for the
regional trade center was to provide and promote limited industrial uses to serve the
needs of residents in this area of Puna,which would not be available in the existing
Orchidland Estates Convenience Center.
Conditions of approval have been updated and revised based on compliance with
certain conditions and to reflect requests from governmental agencies.The conditions
regarding improvements to Orchidland Drive have been modified because the
Department ofPublic Works will not inspect a driveway entering a private road.
Based on the above,the time extension request is approved by the Planning Commission with the
following amended conditions (Material to be deleted is bracketed and struck through;material
to be added is underscored):
I
1.The applicant]s],successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
2.[Tlle aj3plieant,its seeeessors or assigfls sllall ifldemflify afld llold tlle Coeflty of
Hawaii llarmless from afld agaiflst aflY loss,liability,elaim or demalld fer tlle
property damage,persollal ifljtu'Y afld deatll arisiflg oet of aflY aet or omissioll of
tlle applieaflt,its seeeessors or assigfls,offieers,efll-]3loyees,eOfltraetorsafld ageflts
efldor tllis permit or relatiflg to or eOlllleeted witll tlle grafitillg of tllis permit.
3.Tax Map Keys 1 B 10: g2 alld g3 sllall Be eOllsolidated prior to reeeipt of Filial
Plafl Approval.
4.filial Plan Approval of tlle regiollal trade eellter eOfll-]3leJ[shall Be seeered from
the Plallllillg Departmellt ill aeeordaflee witll Cllaj3ter25 243 of tlle ZOfliflg Code.
Plalls sllall idelltify proposed strneteres,paYed (eoflerete or aspllalt eOllerete)
driveway alld parkillg areas assoeiated '....ith tlle proposed ese.Appropriate
lalldseapillg shall Beproyided for tlle purpose of mitigatiflg allY floise alld viseal
impaets 'Nlliell may Begeflerated Bythe faeility.
5. COflstmetiofl of the proposed regioflal trade eeflter afld related ifflproyefflelltsshall be
eOfll-]3leted afld a eertifieate of oeeepalley isseed withill feer (4)years from tlle
effeetive date of this afflelldffleflt.]
Construction of the proposed development shall be completed within five (5)
years from the effective date ofthis amendment.This time period shall include
130 Holding LLC
c/o Mr. Verne Wood
Page 5
securing Final Plan Approval from the Planning Director in accordance with the
Zoning Code. Plans shall identify proposed structure(s),fire protection measures,
access roadway, driveway and parking stalls,Landscaping shall be indicated on
the plans for the purpose of mitigating any potential adverse noise or visual
impacts to adjoining parcels.Landscaping shall be provided in accordance with
the requirements of Planning Department's Rule No. 17 (Landscaping
Requirements)standards for CV zones adjoining a RS zone.
[&.-]~The applicants shall comply with the design guidelines in the development of the
proposed regional trade center as detailed by the Orchidland Estates Community
Association in their letter to the Planning Director dated February 24,1994,
except for the requirement for the project to operate on county water and provide
an additional fire hydrant. '
4. The applicant shall develop sufficient water storage to meet the requirements of
the Department ofHealth and the Fire Department for sanitation and firefighting
purposes for the proposed development.The storage facility shall be completed
prior to Certificate of Occupancy and kept filled with enough water to meet the
applicable Department of Health and Fire Department requirements.If an
improvement district or similar project is proposed which would make county
water available to the property, the owner shall participate and pay its fair share of
any applicable construction costs.
[~]5.Access to the subject property from Orchidland Drive shall [meet vlith the
aj3proval of the DepartmeBt of Puelie Works]be designed and engineered to
substantially conform to the Department of Public Works specifications for
commercial driveways, without sidewalks.The applicant shall provide pavement
improvements within the un-improved portions of Orchidland Drive up to and
including the subject property's entire Orchidland Drive frontage [iB a maBfler
meetiBg with the approval of the Departmeflt of P1:lelie Works]meeting with the
Department of Public Works Standard Detail R-33 for Rural Collector Standards,
prior to the issuance ofa certificate of occupancy for the proposed development.
Road improvements to Orchidland Drive as specified under this condition shall
not include those obligation(s)for roadway improvements as required [of Sure
Save Supermarkets]under Special Permit No. 569.
[&]6.Channelization,signalization and street lighting improvements to the intersection
of Highway 130 and Orchidland Drive shall be provided by the applicant]s]if
required by the Department of Transportation,prior to the issuance of a certificate
ofoccupancy for any portion of the proposed development.
130 Holding LLC
c/o Mr. Verne Wood
Page 6
[9-,]7.The regional trade center operations shall be limited to 6:00 a.m. to 9:00 p.m.
Uses permitted within the proposed regional trade center shall be limited to those
uses specified by the applicants within the Planning Director's Background Report
dated May 10, 1994 as Exhibit E -Orchidland Trade Center -Project Overview
and food service uses.
[-l-\},]8.The applicant shall provide an 8-foot high chain link fence or of comparable
security effect along the boundaries with the adjacent properties identified by
TMK:1-6-10: 46 and 81.
9. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance ofa
Certificate of Occupancy.'
[H]lO.The applicant(s)shall comply with applicable laws, rules and regulations of the
affected agencies,including those ofthe Department of Health and the Fire
Department.
[RJll.An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval ofthe permit.The report shall include,but not be
limited to, the status of the development and the extent to which the conditions of
approval are being complied.This condition shall remain in effect until all ofthe
conditions of approval have been complied and the Planning Director
acknowledges that further reports are not required.
[H]12.[Afl ellteflsiofl of tiIRefor tHe perfoFffiaflee of eOflditiofls witHifl tHepermit IRay be
grafltea by tHe Plaflniflg Direetor UpOfl tHe followiflg eireuIRstaRees:a)tHe flOfl
perforIRaflee is tHe resHlt of eonaitioflS tHat eould not Have been foreseen or are
beyofld tHe eofltrol of tllo aj3plieant,sueeessors,or assigns ana that are not tHo
result of tHeirfaRlt or flegligenee;b)grafltiflg of tHe tiIReexteflsion would not be
eontrary to tHe General Plan or ZOfliflg Code;e) grantiflg of tHe tiIReextensiofl
>,vould not be eontrary to tHe original reasons for tHe granting of tHe permit;afld d)
tHe tiIReextension granted sHall be for a period not to elweed tHe period originally
granted for perforIRanee (i.e., a eonditiofl to be perforIRed "'1itHin one year IRay be
ellteflded for up to Ofle additional year).]If the applicants should require an
additional extension of time,the Planning Director shall submit the applicants'
request to the Planning Commission for appropriate action.Further,should any of
the conditions not be met or substantially complied with in a timely fashion, the
Director shall initiate procedures to revoke this permit.
\1
EXHIBIT B
194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
November 13, 2025
Orchidland Community Association
PO Box 280
Keaau, HI 96749
Dear Sir or Madam,
Subject: Application to Amend Special Permit No. 870 to Allow a Time Extension
to Develop a Trade Center
Applicant: 130 Holdings LLC
Orchidland Estates, Puna, Hawaii TMK: (3) 1-6-010: 083____________
Our office is in the process of submitting an application requesting to amend Special Permit
No. 870 in order to allow the subject applicant additional time to complete the development of
a trade center on the subject property and we would like to request your feedback on the
project.
The property is located at 16-1678 34th Avenue in Orchidland Estates, Puna, approximately
1,000 feet west of the intersection of Orchidland Drive and the Kea’au Pahoa Road. In 1994
Special Permit No. 870 was granted approval for the operation of a regional trade center on
the subject property. The center was planned to include a variety of services, including home,
garden, and animal supplies, catchment supplies, and solar water heaters, and office space for
a variety of service businesses such as electrical, plumbing, landscaping, gardening, auto
repair, and a farmer cooperative. An amendment to the Special Permit approved in 2003
permitted the addition of food service uses for the proposed trade center. That project was not
fully realized, although considerable infrastructure was installed including two steel frame
structures, septic systems, utility stub-ups and drainage structures. The applicant wishes to
complete the infrastructure improvements and develop the site into a trade center consistent
with the uses identified in Special Permit No. 870. The trade center will contain one
restaurant, commercial kitchen space and office space for trade workers and will not include
any retail sales. Completing the trade center will not require any new structures as all
proposed uses would occur within the existing steel frame structures. The applicant’s goal is
to concentrate and promote the talents of the trades people of Puna by creating a convenient
and collaborative space for the various trades people to establish their businesses, as well as to
provide an additional dining option for the Puna community.
Previous amendments to SPP 94-3 were approved in 1998, 2003, 2008, and 2014.
Unfortunately, due to the combined expense of completing the required conditions, the
applicant was not able to complete the Special Permit conditions within the requisite
timeframe. Upon recognizing that he would not be able to meet the deadline for the required
improvements, the applicant decided to instead lease the parcel to the Arts and Sciences
EXHIBIT C
Center (ASC) who intended to develop an elementary school on the property. However, after
obtaining a Special Permit for the elementary school operations, the applicant was unable to
come to lease terms with ASC and the school decided to pursue their project elsewhere. Thus,
the applicant now wishes to revert to the previous plan for a trade center and restaurant.
In order to proceed with the original trade center plans, the applicant is requesting to amend
Special Permit No. 870 to allow additional time to complete the conditions of approval and to
remove prior conditions relating to water storage, improvements to Orchidland Drive and
improvements to the intersection of Highway 130 and Orchidland Drive. The previous Special
Permit amendment included a condition to provide pavement improvements to the northern
half of Orchidland Drive along the subject property’s entire Orchidland Drive frontage
meeting with the Department of Public Works Standard Detail R-33 for Rural Collector
Standards. This would involve constructing paved shoulders and swales and would be cost
prohibitive for the applicant. Additionally, such improvements would be out of place with the
general road design and the rural/agricultural character of the surrounding area. Other Special
Permits for similar commercial-type uses, such as SPP 09-00098, which allowed for the
establishment of a commercial retail and office building on TMK 1-6-010:137, have been
approved in this area along Orchidland Drive without requiring such roadway improvements,
further rendering the improvements out of place for the area.
The applicant is also requesting that the condition pertaining to improvements to the
intersection of Orchidland Drive and Highway 130 be deleted. The cost burden associated
with such improvements is unreasonable to impose upon a single applicant. Additionally, the
Hawaii Department of Transportation (HDOT) has planned improvements to this intersection
to mitigate concerns surrounding congestion and intersection safety. These improvements
(HS17) are outlined on their Statewide Transportation Improvement Program (STIP) and are
scheduled for construction in 2026.
We welcome any feedback the Orchidland Community Association can offer. We are also
happy to discuss any questions or concerns you may have regarding the project. You can
reach me by phone at 808-333-3391 or by email at I look
forward to hearing from you.
Thank you very much.
Sincerely,
John Pipan
Planning Administrator
Land Planning Hawaii LLC
From: Pipanconsulting
To: Kay, Christian
Cc: Jackson, Maija
Subject: RE: 130 Holdings Questions
Date: Wednesday, April 8, 2026 2:08:57 PM
Attachments: 2.png 1.png
Aloha Christian,
Apologies for the delay. I just got clarity from the applicants this AM.
Regarding Fire truck access and parking:
There is no secondary access proposed dedicated for the fire truck. The single access point
would be used. The access and trade center parking is to be paved but the fire truck parking
space will not be paved.
Regarding fire flow:
I didn't see that comment from DWS, however, if required for fire suppression purposes the
applicants would install a water storage tank with an approved fire department connection.
Best,
John Pipan
President
Pipan Consulting LLC
Office:(808)333-3391
Cell:(808)430-1441
From: Kay, Christian <Christian.Kay@hawaiicounty.gov>
To: " "< >
Cc: "Jackson, Maija"<Maija.Jackson@hawaiicounty.gov>
Date: Wed, 08 Apr 2026 13:57:03 -1000
Subject: RE: 130 Holdings Questions
HI John,
Will you please provide me with a response to my questions below ASAP? I am trying to finalize
the reports this week.
Mahalo,
Christian
From: Kay, Christian
Sent: Thursday, April 2, 2026 4:21 PM
To:
Subject: 130 Holdings Questions
Hi John,
Your site plan shows a single access driveway off of Orchidland Drive for the regional trade
center. However, the proposed fire truck parking area is to the west of the paved parking lot.
Will the fire trucks be accessing the parking area through single driveway access point, or does
the applicant propose a secondary access dedicated to the fire trucks? Also, will the fire truck
parking area and access roadway thereto be paved?
Additionally, the application mentions that the waterline was extended to the property across
Orchidland Drive and that a fire hydrant was constructed, however, according to DWS, the 8-
inch water line serving the property does not meet the 2,000 gpm flow standard for
commercial uses. How do you intend to comply with fire flow requirements for the subject
property.
Please let me know ASAP so I can incorporate the information into my reports.
Thanks, and Happy Easter!
Christian
TO:
FROM:
SUBJECT:
DEPARTM ENT 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
Mr. Jeffrey Darrow, Director
Planning Department
March 3, 2026
Keith K. Okamoto, Manager-Chief Engineer
Special Permit Amendment Application (PL-SPP-2026-000115)
Special Permit No. 870 (Docket No. SPP-94-000003)
Applicant: 130 Holdings LLC
Request: To Amend Conditions No. 3, 5, 6, and 7 of Special Permit No. 870
which Permitted the Construction of a Regional Trade Center, to Reduce the
Total Number of Buildings and to Add Volunteer Fire Truck Parking
Tax Map Key 1-6-010:083
We have reviewed the subject application and have the following comments and conditions.
It is our understanding that the applicant proposes to provide potable water to the project by connecting to
Orchidland Gulsons LLC water system, which is served by the Department. However, this service has a limit to
the amount of water it can serve. Although 130 Holding LLC and Orchidland Gulsons LLC have entered into an
agreement, the Department will need to determine if the additional water is available, and if the capacity of the
existing meter is adequate for the increase in water demand for the proposed project. The available 17 units of
water was based on previous water calculations for the proposed Arts & Sciences Center and secured by a water
commitment that has since expired.
The Department has no objection to the proposed amended application, subject to the applicant understanding
and accepting the following conditions:
l . The Department requests that the applicant submit estimated maximum daily water usage calculations
for the proposed development, for review and approval. The water usage calculations shall be prepared
by a professional engineer licensed in the State of Hawai'i, and should include the estimated peak-flow
in gallons per minute (GPM), and the total estimated maximum daily water usage in gallons per day,
including all irrigation/ landscaping use.
2. Upon receipt of the water usage calculations above, the Department will make a determination as to the
water commitment deposit amount and prevailing facilities charge (subject to change) to be paid . Based
on the water demand calculations, the Department will determine if the existing meter size is adequate
to support the proposed development.
3. Since the proposed development will receive water service through a master meter, the Department
requests that the facilities charge be paid prior to the approval of a certificate of occupancy for the
property.
. .. Water, Our :Most <Precious ~source ... 1(a Wai)l 1(iine ...
The Department of Water Supply is an Equal Opportunity provider and employer.
Ms. Jeffrey Darrow, Director
Page 2
March 3, 2026
4. Subject to other agencies' requirements to construct improvements within the project area, the applicant
shall be responsible for the relocation and adjustment of the Department's affected water system
facilities, should they be necessary.
Please note that the Department of Water Supply acknowledges that potable water is Hawai'i Island's most
precious resource and encourages our communities to promote water conservation and reserve the highest
quality of water for the most valuable end-use, which is the sustenance of life.
We request that the developer address the demand for drinking water for landscape irrigation use by reducing the
demand, such as:
• Supplying water by alternate methods( i. e. rainwater catchment, reclaimed or reuse water). The County
of Hawai'i, Department of Public Works, and/ or the State ofHawai'i, Department of Health has
guidelines, recommendations, or regulations regarding these types of systems.
• Design landscape to use water-efficient plants that are drought-tolerant, native, or appropriate to the
local environment, principles of Xeriscape.
• Select appropriately-sized turf areas, use healthy soils with the appropriate grading to reduce storm water
runoff, including shaded areas, and limit the use of high water-using plants such as turf grass.
The Department recommends using water-efficient plants that are drought-tolerant, native, or appropriate to the
local environment, using the principles of xeriscaping, and/or propose to supply landscape irrigation water by
alternate methods (i.e. rainwater catchment, reclaimed or reused water). The County of Hawai'i, Department of
Public Works, and/or the State of Hawai'i, Department of Health has guidelines, recommendations, or
regulations regarding these types of systems.
Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning
Branch at (808) 961-8070, extension 255.
RM :dfg
copy -130 Holdings LLC
Pipan Consulting LLC
Sincerely yours,
Keith K. Okamoto, P.E.
Manager-Chief Engineer
Subject: Re: 130 Holdings Amendment Request (PL-SPP-2026-000115/Amend SPP 870)
From: DeMello, Melanie
To: Kay, Christian
Cc: Jackson, Maija; Segawa, Wesley; Azevedo, Neil; Holzman-Escareno, Juliana; Thompson, Alan (Keone); Cook,
Amy A
Date: Friday, April 24, 2026 4:32:06 PM
Attachments: image003.png image001.png
Hi Christian,
DPW Engineering is agreeable with Planning's recommendation to retain a roadway
improvement condition for this Special Permit amendment along private Orchidland Drive.
The 2021 condition language (highlighted below) would still be valid.
Thank you,
Melanie
Melanie DeMello, P.E.
Deputy Division Chief
County of Hawai`i - Department of Public Works
Engineering Division
Aupuni Center, 101 Pauahi Street, Suite 7
Hilo, HI 96720
Phone: (808) 961-8927
E-Mail: Melanie.DeMello@hawaiicounty.gov
Subject: RE: 130 Holdings Amendment Request (PL-SPP-2026-000115/Amend SPP 870)
From: Kay, Christian <Christian.Kay@hawaiicounty.gov>
Sent: Monday, April 13, 2026 10:31 AM
To: DeMello, Melanie <Melanie.DeMello@hawaiicounty.gov>; Cook, Amy A
<AmyA.Cook@hawaiicounty.gov>
Cc: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Aloha Melanie,
I am writing to follow-up on the email below and our phone conversation last week to see if
you are going to respond to our request for comment and the subject Special Permit
amendment. An email response ASAP would be appreciated as I am trying to finalize our
reports today.
Please let me know if you have any questions.
Mahalo,
Christian
Subject: 130 Holdings Amendment Request (PL-SPP-2026-000115/Amend SPP 870)
From: Kay, Christian
Sent: Friday, March 27, 2026 11:14 AM
To: DeMello, Melanie <Melanie.DeMello@hawaiicounty.gov>
Cc: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Aloha Melanie,
I hope you’re doing well. We sent the attached request for comments regarding the Special
Permit amendment in February but have not yet received feedback from the Engineering
Division. I wanted to follow up and ask for your input on the following:
Background: Special Permit No. 870 was approved by the Planning Commission in 1994
to allow development of a regional trade center on Orchidland Drive within the
Orchidland Subdivision. The permit has been amended several times, most recently in
2014. That amendment included Condition 6, which states: “The applicant shall provide
pavement improvements to the northern half of Orchidland Drive along the subject
property’s entire Orchidland Drive frontage 8 meeting with the Department of Public
Works Standard Detail R-33 for Rural Collector Standards, prior to the issuance of a
certificate of occupancy for any portion of the proposed project.”
2021 School Proposal: After the 2014 amendment, the landowner abandoned the
project and pursued a sale to HAAS for development of an elementary school. In 2021,
the Planning Commission approved Special Permit SPP 21-000228 for the school.
Condition 7 of that permit states: “The applicant shall provide pavement improvements
to the northern half of Orchidland Drive along the subject property’s entire Orchidland
Drive frontage consisting of a 12-foot wide travel lane, 8-foot wide shoulder, and 10-foot
wide swale, meeting with the Department of Public Works Standard Detail R-19 for
“Half-Section of Street with Shoulder” within the existing 60-foot right of way, prior to the
issuance of a certificate of occupancy for any portion of the proposed project.” This
condition was crafted based on the attached correspondence between you and the
Planning Department at the time. Ultimately, the school project did not move forward,
and the applicant has requested to revoke the permit for the school.
Current Request: The landowner is now seeking to amend the original Special Permit to
proceed with the regional trade center concept. As part of the request, they are asking
the Planning Commission to delete Condition 6, citing inconsistency with surrounding
roadway improvements and fairness concerns, as other nearby special permits have not
been required to upgrade portions of the private roadway to public standards.
Request for Input: Given the scale of the proposed commercial uses, we are inclined to
recommend retaining a roadway improvement condition. However, we would
appreciate your perspective on whether Condition 6 should be removed or modified. If a
condition is retained, would you recommend using the 2021 condition language, or is
there a more current roadway standard we should consider?
Please let me know if you have any questions or would like to further discuss.
Mahalo,
Christian
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
March 6, 2026
TO: Jessica Andrews (Planner),
Cc: JEFFREY W. DARROW (Planning Director)
SUBJECT:
Zoning Variance: PL-SPP-2026-000115
Applicant: 130 Holdings LLC
Owner: 130 HOLDINGS LLC Fee Owner
Request: To Amend Conditions No. 3, 5, 6, and 7 of Special Permit No. 870
Which Permitted the Construction of a Regional Trade Center, to Reduce the
Total Number of Buildings and to Add Volunteer Fire Truck Parking.
TMK: (3) 1-6-010:083
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.
No building permit was issued for the change of occupancy.
At the time of completion, the subject complied with all Building Code
regulations that were in effect.
Variance from any building regulation (Building, Electrical, Plumbing, or
Sign) was/was not granted.
The following violations(s) still outstanding:
Building Electrical Plumbing Sign
X Others: Outstanding permits –
B2011-0152H - Proposed Shell Only for Building A (rear building).
B2011-0153H - Proposed Shell Only for Building B (right building).
M2011-0669H - Proposed Shell Only for Building A (Water supply, Grease
interceptor, Sewer/Drain stubout)
M2012-0196H - Proposed Shell Only for Building B (Water supply, Grease
interceptor, Sewer/Drain stubout)
Hawai’i County is an Equal Opportunity Provider and Employer
BD-10
Permits listed above have Expired, Request for Extension received (Building
Division Chief to evaluate Request for Extension)
E2011-0497H - Proposed Shell Only for Building A (3 phase 400amp service, 9
General light and convenience outlet)
E2011-0498H - Proposed Shell Only for Building B (3 phase 600amp service, 6
General light and convenience outlet)
(E) Electrical permits Expired, Electrical Contractor no longer in business in
Hawaii = New Electrical Permits required.
Note: Tenant Improvement Permits required for Occupancy of the Structures.
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 Tod Tanimoto at phone no. (808) 961-8372
Hawai’i County is an Equal Opportunity Provider and Employer
BD-10
JOSH GREEN, M.D.
GOVERNOR
KE KIA'AINA
EDWIN H. SNIFFEN
DIRECTOR
KA LUNA HO 'OKELE ...__':.
� 5,51 ""'"" .,,,,. ■ ...... I ' •\ I J J, ! • 'i,!i
of
•--..,.;.
Deputy Directors
Na Hope Luna Ho'okele
DREANALEE K. KALILI
TAMMY L. LEE
CURT T. OTAGURO
ROBIN K. SHISHIDO
STATE OF HAWAl'I I KA MOKU'AINA 'O HAWAl'I IN REPLY REFER TO:
STP 01009.26 HWY-PL 26-2.35044
DEPARTMENT OF TRANSPORTATION I KA 'OIHANA ALAKAU
869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097
March 17, 2026
Mr. Jeffrey Darrow, Director
County of Hawaii
Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720
Dear Mr. Darrow:
Subject: Request for Comments to Special Permit (SP) Amendment Application and SP No. 870 (PL-SPP-2026-000115 and SPP-94-000003)
130 Holdings LLC -Orchid Land Trade Center
Orchid Land Estates, Puna, Hawaii
Tax Map Key No. (3) 1-6-010: 083
Thank you for your letter requesting our comments for the above-referenced application. We apologize for the delay in response.
This application review relates to the SP that was approved with subsequent amendments to allow the site to be developed as a commercial trade center. The project site is located at the comer of Keeau-Pahoa Road (State Route 130) and Orchid Land Drive with access on Orchid Land Drive.
The applicant is requesting to renew and amend an existing SP to cancel the construction of new building replacements and utilize the 2 existing buildings (vacant). The requested amendment also includes the deletion of Condition No. 7, which affects the required improvements for State Highway Route 130 as it states:
"7. Channelization, signalization and street lighting improvements to the intersection of Highway 130 and Orchid Land Drive shall be provided by the applicant if required by the Hawaii State Department of Transportation (HDOT), prior to the issuance of a certificate of occupancy for any portion of the proposed development."
Mr. Jeffrey Darrow, Director
March 17, 2026 Page 2
HWY-PL 26-2.35044
We have reviewed the submitted applications and provided our comments in the table below.
As always, we are very appreciative of your ongoing project coordination efforts with this, and other projects with the HDOT.
If you have any questions, please contact Jeyan Thirugnanam, Land Use Planning Engineer,
Planning Branch at (808) 587-6336 or by email at jeyan.thirugnanam@hawaii.gov. Please reference file review number PL 2026-008.
Sincerely,
lt£,hr EDWIN H. SNIFFEN
Director of Transportation
Attachments
ATTACHMENT The HDOT Comments
STP 01009.26
No. Comments 1. We do not have any objections to the amendment requests for Conditions 3, 5, or 6.
2. Our Hawaii District Engineer has confirmed the HDOT Roundabout infrastructure will
complete its designing phase in 2026 and anticipates its completion by 2027 to provide the much-needed traffic safety enhancement at the Keeau-Pahoa Road intersection with Orchid Land Drive. This will also include channelization and street lighting work.
3. This is also related to our attached prior letters stated in our June 25, 2015 and December 2, 2022 letters to the County of Hawaii (HWY-PS 2.0076 and PS 2.0185).
4. Should the subject applications be conditionally approved, we recommend the following condition be included in the approval prior to obtaining any construction permits by the Petitioner:
1.Provide a Traffic Assessment or a Traffic Impact Analysis Report prepared by a
licensed professional engineer (to be coordinated through the Hawaii CountyPublic Works for the review and acceptance by the HDOT), which should includethe following:
a.An evaluation to identify whether the daily operations relating to trip patterns
and queuing concerns based on proposed uses will have any local or regionalimpacts to the nearby state-owned Keeau-Pahoa Road which should includethe new roundabout in the analysis. The study should also provide anyrecommended mitigations to be implemented at no cost to the state.
c.If the project construction is phased over multiple years, interim horizon years
should be analyzed for the completion of each phase.
d.The study should provide a discussion on multimodal (bicycle/pedestrian) pathswithin the proposed site and connectivity to the rest of the area.
5. We recommend the following strategies to reduce carbon emissions from the project. Suggestions include:
a.Incorporate elements that encourage and enhance the use of multiple types oftransportation to reduce carbon emissions.
b.Implement energy-efficient technologies and practices, such as light-emittingdiode lighting.
c.Use sustainable, recycled, or low-emission materials in construction andmanufacturing.
DAVIDY. IGE
GOVERNOR
FORD N. FUCHIGAMI
DIRECTOR
DEPUTY DIRECTORS
JADET. BUTAY
ROSS M. HIGASHI
EDWIN H. SNIFFEN
DARRELL T. YOUNG STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097
IN REPLY REFER TO: HWY-PS 2.0076
June 25, 2015
Mr. Duane Kanuha Director County of Hawaii Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224
Dear Mr. Kanuha:
Subject: State Land Use Amendment SLU 14-000041, Agriculture to Urban Change of Zone, REZ 14-000184, A-3a to CV-la Orchidland Center, 130 Holdings, LLC Puna, Hawaii, TMK: (3) 1-6-010:083
The applicant, 130 Holdings, LLC, proposes to construct a neighborhood shopping center consisting of five buildings with a leasable area of 24,000 square feet in two phases. In Phase 1,
2 buildings will provide retail, office and restaurant space amounting to a total of about 10,400 sf and Phase 2 consists of 3 buildings of a total of 13,600 sf and has not had a specific use determined. Completion of Phase I is expected in 2015 and Phase 2 in 2019. The project will access Orchidland Drive, a private roadway maintained by the Orchidland Community Association, which connects to Keeau-Pahoa Road, State Route 130, at an improved stop-controlled intersection. Route 130 is the main State road into Puna.
A traffic impact analysis report (Witcher Engineering, LLP, June 2014) was prepared and submitted for review. At our request, an addendum (April 2, 2015) briefly discussing mitigation measures for Orchidland Drive and Keeau-Pahoa Road was prepared.
The State Department of Transportation (DOT) has the following comments:
1.For Phase 1, a traffic signal warrant study for Orchidland Drive and Keeau-Pahoa Roadshall be prepared and submitted to DOT for review and acceptance.
a.If warranted, a traffic signal shall be installed along with associatedimprovements, with DOT approval, at the applicant's expense, prior to theapplicant receiving certificate of occupancy as per the Special Permit Decisionand Order, as amended.
2.
Mr. Duane Kanuha June 25, 2015 Page 2
HWY-PS 2.0076
b.If a traffic signal is not warranted at this time, an updated traffic signal warrantstudy shall be submitted for DOT' s review and acceptance and, if warranted atthat time, the applicant shall implement comment 1 a, prior to receiving certificateof occupancy for Phase 2.
Should road improvements be constructed that eliminate the need for a traffic signal at Orchidland Drive and Keeau-Pahoa Road prior to applicable parts of comment 1, the applicant may apply to the DOT for written approval of release from the condition to provide the aforementioned traffic signal.
3.If the applicant cannot or will not prepare the necessary traffic signal warrant studies orprovide a traffic signal, if warranted, the Land Use and Change of Zone should be denied.
lfthere are any questions, please contact Ken Tatsuguchi, Engineering Program Manager, Highways Planning Branch, at (808) 587-1830. Please reference file review number 2014-270 in all contacts and correspondence regarding these comments.
Sincerely,
�1� FORD N. FUCHIGAMI y0iV Director of Transportation
be: STP, HWY-H, -PS (2014-270)
RI:emk
DAVID Y. IGE
GOVERNOR
JADE T. BUTAY
DIRECTOR
Deputy Directors
ROSS M. HIGASHI
EDUARDO P MANGLALLAN
DAVID J. RODRIGUEZ
EDWIN H. SNIFFEN
IN REPLY REFER TO:
DIR 1068 HWY-PS 2.0185
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097
December 2, 2022
VIA EMAIL: planning@hawaiicounty.gov
Mr. Zendo Kem Director
Planning Department
County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720
Attention: Mr. Clinton Mercado
Dear Mr. Kem:
Subject: Request for Comments
State Special Use Permit Application (PL-SPP-2022-000013)
Orchidland Neighbors -Puna, Hawaii
Tax Map Key No: (3) 1-6-010: 005 and 006
Thank you for your letter dated November 3, 2022, and the opportunity to review the above-referenced application. The project site is an existing vacant land consisting of
2 contiguous 2.0-acre parcels within the Orchid Land Estates Subdivision.
The Applicant proposes to develop the site in two phases with site grading as Phase One. Phase Two will involve the construction of a community center, public pavilion, soccer field,
skateboard park, farmer's market, commercial kitchen, retail and concession stands. The project
also includes educational venues to promote agriculture.
There will be a total of 109 parking spaces to be provided at the site. Two main access driveways will be proposed on 36th A venue, via Orchidland Drive (private road), which connects to Keeau-Pahoa Road (State Route 130).
The Hawaii Department of Transportation (HDOT) has the following comments:
1.We are unable to provide an assessment or comments for the aforementioned application
at this time since it did not provide a traffic study (TS) to identify the project vehicular
trips and potential impacts to the state highways facilities.
Mr. Zendo Kem December 2, 2022
Page 2
HWY-PS 2.0185
2. We recommend a Transportation Assessment, or a Traffic Impact Analysis Report should
be prepared by a traffic engineer licensed in the State of Hawaii to be included in theSpecial Use Application as an addendum to address the following:
a.The TS should provide a full evaluation of whether the frequency of daily activitiesand events will have any traffic impacts to the nearby state highway facility, such as
State Route 130. The TS should also provide any recommended mitigations to be
implemented at no cost to the State.
b.The TS should provide detailed plans for multimodal (bicycle/pedestrian paths)within the proposed site and connectivity to the rest of the area.
If you have any questions, please contact Jeyan Thirugnanam, Systems Planning Engineer, Highways Division, Planning Branch at (808) 587-6336 or by email at Jeyan.Thirugnanam@hawaii.gov. Please reference file review number PS 2022-182.
Sincerely,
JADE T. BUTAY Director of Transportation
PO Box 421 Honokaa, HI 96727
(808) 333-3391
March 30, 2026
Mr. Jeffrey Darrow, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Response to Agency Comments – Special Permit Amendment Application
No. PL-SPP-2026-000115
Applicant: 130 Holdings LLC
Orchid Land Estates, Puna, Hawaii TMK: (3) 1-6-010: 083
On behalf of 130 Holdings LLC, we are pleased to submit the following responses to agency
comments received in connection with the above-referenced Special Permit Amendment
Application (PL-SPP-2026-000115). The applicant appreciates the time and effort each agency
has invested in reviewing the application and is committed to complying with all applicable
requirements and conditions.
1. State Land Use Commission (LUC) – Comment Dated February 4, 2026
Summary of Comment:
The Land Use Commission (LUC) staff reviewed the information provided and has no comments
at this time on the Special Permit extension request.
Applicant Response:
The applicant acknowledges and appreciates the LUC’s review of the application. No further
action is required in response to this comment at this time.
2. County of Hawaiʻi Police Department (HCPD) – Comment Dated February 11, 2026
Summary of Comment:
After reviewing the provided documents, HCPD staff does not anticipate any significant impact
to traffic and/or public safety concerns related to the proposed amendment.
Applicant Response:
The applicant is pleased that no significant traffic or public safety concerns have been identified
and appreciates the Police Department’s thorough review. The applicant will continue to
cooperate with HCPD throughout the development process to ensure that public safety is
maintained.
3. Office of Planning and Sustainable Development (OPSD) – Comment Dated February
26, 2026
Summary of Comment:
The Office of Planning and Sustainable Development has no comment on the subject Special
Permit Application for 130 Holdings LLC.
Applicant Response:
The applicant acknowledges and appreciates the OPSD’s review. No further action is required in
response to this comment at this time.
4. County of Hawaiʻi Department of Water Supply (DWS) – Comment Dated March 3,
2026
Summary of Comment:
The Department of Water Supply (DWS) has no objection to the proposed amended application,
subject to the following conditions: (1) the applicant must submit estimated maximum daily
water usage calculations prepared by a licensed professional engineer, including peak flow in
GPM and total daily usage in GPD; (2) DWS will determine the water commitment deposit
amount, the prevailing facilities charge, and the adequacy of the existing meter size upon receipt
and review of those calculations; (3) the facilities charge shall be paid prior to the issuance of a
certificate of occupancy; and (4) the applicant shall be responsible for the relocation and
adjustment of any DWS water system facilities affected by project improvements. DWS also
notes that the prior water commitment has expired and recommends water conservation
practices, including drought-tolerant and xeriscape landscaping and alternative water sources
such as rainwater catchment or reclaimed water.
Applicant Response:
The applicant accepts and will comply with all conditions set forth by DWS. A licensed
professional engineer has been retained to prepare the required water usage calculations for
DWS review and approval. The applicant will coordinate directly with DWS regarding the water
commitment deposit, prevailing facilities charge, and meter adequacy determination. The
facilities charge will be paid prior to issuance of any certificate of occupancy, and the applicant
accepts responsibility for any required relocation of DWS water system facilities. The applicant
is also committed to incorporating water conservation measures consistent with DWS’s
recommendations, including drought-tolerant and xeriscape landscaping. We sincerely appreciate
DWS’s thorough review and ongoing guidance.
5. County of Hawaiʻi Department of Public Works – Building Division (DPW-BLDG) –
Comment Dated March 6, 2026
Summary of Comment:
The Building Division reports that no building permit was issued for completed work on the
premises and identifies the following outstanding and expired permits: Building Permits B2011-
0152H (Building A shell) and B2011-0153H (Building B shell), both expired with requests for
extension pending evaluation; Mechanical Permits M2011-0669H and M2012-0196H for
Buildings A and B respectively (expired); and Electrical Permits E2011-0497H and E2011-
0498H for Buildings A and B respectively (expired, with the original electrical contractor no
longer in business in Hawaii, requiring new electrical permits). The Building Division further
notes that Tenant Improvement Permits will be required prior to occupancy of the structures.
Applicant Response:
The applicant acknowledges the Building Division’s comments and will take all necessary steps
to resolve the outstanding permit issues prior to any occupancy of the structures. The applicant
will address the expired building and mechanical permits, engage a licensed electrical contractor
to obtain new electrical permits as required, and secure the necessary Tenant Improvement
Permits before occupancy. The applicant appreciates the Building Division’s thorough records
review and will coordinate directly with Division staff to ensure full compliance with all
applicable Building Code requirements.
6. Hawaii State Department of Transportation – Highways Division (HDOT) – Comment
Dated March 17, 2026
Summary of Comment:
HDOT has no objection to the proposed amendments to Conditions 3, 5, and 6. HDOT advises
that a roundabout at the intersection of Keeau-Pahoa Road (State Route 130) and Orchid Land
Drive is expected to complete its design phase in 2026 and construction by 2027, providing
traffic safety enhancements, channelization, and street lighting improvements. As a condition of
approval, HDOT requests that the applicant prepare a Traffic Assessment or Traffic Impact
Analysis Report (prepared by a licensed professional engineer, coordinated through Hawaii
County Public Works for HDOT review and acceptance), which should evaluate trip patterns,
queuing, and potential impacts to State Route 130 including the new roundabout, address
multimodal (bicycle/pedestrian) connectivity within and around the project site, and analyze
interim phased horizon years if the project is developed in phases. HDOT also recommends that
the project incorporate strategies to reduce carbon emissions, including elements encouraging
multi-modal transportation, energy-efficient technologies such as LED lighting, and the use of
sustainable, recycled, or low-emission materials.
Applicant Response:
The applicant acknowledges and will comply with HDOT’s recommended conditions. A licensed
professional engineer will be retained to prepare the required Traffic Assessment or Traffic
Impact Analysis Report in coordination with the County of Hawaiʻi Department of Public
Works, for HDOT’s review and acceptance. The study will address trip generation, queuing, and
potential impacts to State Route 130 inclusive of the anticipated new roundabout, will analyze
interim phased horizon years as applicable, and will include a discussion of multimodal bicycle
and pedestrian connectivity within the project site and to the surrounding area. The applicant is
further committed to incorporating carbon emission reduction strategies as recommended by
HDOT, including multi-modal transportation enhancements, energy-efficient LED lighting, and
the use of sustainable and low-emission materials in construction. We greatly appreciate
HDOT’s detailed review and ongoing coordination.
We trust that the foregoing responses adequately address each agency’s comments and
demonstrate the applicant’s commitment to full compliance with all applicable requirements.
Should you or any of the reviewing agencies have additional questions, please do not hesitate to
contact our office. Thank you very much for your continued assistance in processing this
application.
Sincerely,
JOHN PIPAN
Planning Consultant
Subject: Request for Comments on Special Permit Amendment Application No. | PL-SPP-2026-000115 | 130 Holdings LLC
on TMK: 1-6-010:083
From: Orchidland Support
To: Planning Internet Mail
Date: Sunday, March 8, 2026 8:33:39 AM
Aloha-
As a Board of Directors we are tasked with speaking for our community and keeping our
communities best interest in mind.
Understanding that the Puna Community Development Plan (PCDP) directly violates our community by-laws to maintain our community as agricultural zoned properties is an
important benchmark.
Second, the businesses that currently reside within this PCDP area do not support local business; they extort local businesses. The rent that is charged by the landlords is extreme
which forces the business owners to elevate their prices to cover the rental expenses which directly impacts the community they are supposed to be supporting. This is another important
benchmark.
Third, the businesses that currently reside within this PCDP do not pay their MRMA fees, although their tenants pay those fees to the landlords. This puts extreme stress on our
community as Orchid Land Drive requires additional maintenance due to the amount of traffic it receives. Due to the landlords non-payment of the MRMA fees, our community suffers as it
takes funds from our other roads to maintain this entry point to those businesses.
The above benchmarks relate to how 130 Holdings conduct business. The have not and do not pay their MRMS fees. They upgraded the water main within the Orchid Land Community
Association (OLCA) right of-way, which is private property, without approval. They destroyed the edge of the roadway during this work and did not restore it. They made two
street crossing and minimally restored the road creating two full width depressions cross the roadway. They installed a fire hydrant within the OLCA right-of-way without permission.
They threatened the President of the BOD when she questioned whether or not they had permits to perform the water line extension and when she informed them that they needed
permission to work in the OLCA right-of-ways. This confrontation was so extreme, the police were called and they severed them a Cease and Desist notice. Since this is how 130 Holdings
has conducted business thus far, we anticipate that they will continue down this path and do the dame as the other businesses; overcharge for rent and not pay their MRMA fees. 130
Holdings LLC is not pushing forward to help the community. They are pushing forward to take from the community that the PCDP was setup to support.
With these points, the OLCA BOD strongly oppose any leniency on the amendment of
Conditions No. 3, 5, 6, and 7. As an association, we can not afford to support any additional businesses that do not pay their MRMA fees and do not have the funds to force them to do so.
Please feel free to reach out with any additional questions.
Mahalo
OLCA Support Team
Orchidland Community Association
PO Box 280
Keaau, HI 96749 www.orchidland.org
Subject: Orchidland retail/trade center proposal.
From: chase peneku
To: Planning WPC Testimony
Date: Friday, April 17, 2026 2:28:58 PM
To Whom It May Concern,
My name is Chase Peneku; I have a property on Orchidland Dr. directly across from the
proposed project. I am writing to express my support for the proposed project at the Orchidland Retail/Trade Center. I believe it will be a positive addition to the community by
creating job opportunities for residents and ease the burden of having to drive to Kea’au or Hilo for necessities. Along with eliminating the homeless who were frequenting the area and
making camp within the vacant warehouses.
Thank you for your time.
Subject: Orchidland commercial project
From: ralph roubique
To: Planning WPC Testimony
Date: Tuesday, April 21, 2026 8:07:35 AM
My name is Ralph Roubique I live in Orchidland and own two lots on Orchidland Drive and 34th and Orchidland Dr
and 36th and fully support this project as a benefit to the community .
I feel it will provide jobs and lessen traffic to Hilo.
Best,
Ralph Roubique
Sent from my iPhone
Subject: 130 Holding Project Support
From: Rob Garrett
To: Planning WPC Testimony
Date: Wednesday, April 22, 2026 12:50:47 PM
Hello
I am writing in support of Greg Gadd's Orchiland Commercial Project 130 Holding Project. I
am moving to the Big Island and building a home at 15-2145 Government Beach Rd. This project is something that myself and other stakeholders in the area would be utilizing. We
have known Greg Gadd for years and found him to be a good, honest businessman and developer. His project makes sense for the area and after talking to Greg he is trying to do a
very good job for the community
Please feel free to reach out to me at any time at 808-938-7534
Thank you, Rob Garrett
Rob Garrett
Talon 1 Properties 3333 E Camelback Rd Suite 275
Phoenix, Arizona 85018 rob@talon1properties.com
Zoho Sign Document ID: 35F7DE0F-LEWM5HAGUZBT83VFVCNM1 YMTXSDLCODND3KTR4 _ GIZM
Greg Gadd / 130 Holdings LLC
March 25, 2026
Windward Planning Commission
County of Hawai'i
101 Pauahi Street, Suite 3
Hilo, HI 96720
Re: Response to Orchidland Support Comments -Special Permit Amendment
Application No. PL-SPP-2026-000115 1130 Holdings LLC I TMK: 1-6-010:083
Aloha, Honorable Commissioners:
I am writing on behalf of 130 Holdings LLC to respectfully respond to comments
submitted by "Orchidland Support" on March 8, 2026, in connection with the above
referenced Special Permit Amendment application. While we appreciate the opportunity
for community members to participate in the review process, we believe the record must
be corrected on several material points. We offer the following responses in the spirit of
transparency and constructive engagement.
1. Authorship and Standing of the Submitted Comments
The comment letter submitted to the Planning Commission was sent from an account
identified as "Orchidland Support" and was not signed by any individual or formally
attributed to the Orchidland Community Association ("OLCA") Board of Directors. The
letter claims to represent the OLCA Board of Directors; however, applicant has been
unable to confirm that this submission reflects a duly adopted board position rather than
the views of an individual acting on behalf of the association. The Commission is
respectfully asked to weigh this consideration when evaluating the letter's assertions.
2. MRMA / MRMS Fee Obligations
The comment letter alleges that 130 Holdings LLC has not paid MRMA fees. This
characterization is inaccurate. 130 Holdings LLC has paid all applicable Homeowners'
Association (HOA) dues assessed for the property under its current use classification.
The property is not classified as a commercial property and, accordingly, commercial
MRMA rates do not apply. We note that the comment letter itself acknowledges that the
applicability of commercial rates to properties in the PCDP area is a matter of ongoing
dispute among property owners in the community-a dispute that 130 Holdings LLC is
not party to and which has no bearing on this permit application.
The broader allegation that all landlords in the PCDP area routinely fail to remit MRMA
fees collected from tenants is a systemic concern, if accurate, that properly belongs
Zoho Sign Document ID: 35F7DE0F-LEWMSHAGUZBT83VFVCNM1YMTXSDLCODND3KTR4_ GIZM
before OLCA's own enforcement mechanisms or a court of competent jurisdiction. It is
not an appropriate basis upon which to oppose this permit amendment request.
3. Water Main Upgrade and Road Work -Permits and Contractor Compliance
The comment letter alleges that 130 Holdings LLC performed work within the OLCA
right-of-way without approval, damaged the roadway, and failed to restore it. These
allegations are inaccurate and unsupported.
All work associated with the water main upgrade and related infrastructure was
performed: (a) under proper permits issued by the relevant county and state agencies;
(b) by a licensed contractor; and (c) with prior notification to the Department of Health
before commencement, as required. All construction was completed in conformance
with the approved plans without deviation. Road surfaces disturbed during the work
were restored upon completion.
We respectfully request that the Commission consider the documentary record -
including permit records and contractor certifications -rather than unsubstantiated
characterizations of the work performed.
4. Alleged Confrontation, Police Involvement, and Cease and Desist Order
The comment letter makes the serious allegation that 130 Holdings LLC "threatened"
the President of the OLCA Board of Directors, that the confrontation was so extreme the
police were called, and that a Cease and Desist order was issued. These allegations
are categorically denied.
To the applicant's knowledge and recollection, he has spoken with the Board President
on two occasions, both by telephone, for approximately one hour each. Those
conversations were constructive discussions regarding the project and associated
community concerns. There was no physical altercation, no threatening conduct, and -
to the applicant's knowledge -no Cease and Desist order issued arising from any such
interaction. No documentation of a police report or Cease and Desist order has been
submitted with the OLGA comments.
The Commission is respectfully asked to note the absence of any supporting evidence
for these allegations and to give them the weight they deserve in the absence of
documentation.
5. Nature and Scope of the Current Application
It bears emphasis that the current application concerns the completion of two existing
structures that are already approximately 50% built under prior approved permits -not
the construction of new buildings or a significant expansion of the project footprint. This
application represents considerably less than what was previously approved for this
site. The work before the Commission is modest in scope, and the concerns raised in
Zoho Sign Document ID: 35F7DE0F-LEWM5HAGUZBT83VFVCNM1YMTXSDLCODND3KTR4_GIZM
the OLGA letter-to the extent they are directed at the commercial impact of fully
operational businesses -do not yet reflect the actual state of this project.
6. General Observations Regarding the PCDP and Commercial Rent Practices
The OLCA letter devotes considerable attention to general criticisms of commercial rent
practices and MRMA non-payment by landlords operating within the Puna Community
Development Plan ("PCDP") area. These are community-wide concerns that predate
130 Holdings LLC's involvement in this area and do not arise from 130 Holdings' own
conduct. This applicant should not be held responsible for the practices of other
unrelated property owners, nor should such concerns form the basis for opposing this
permit amendment.
Conclusion
130 Holdings LLC is committed to being a responsible participant in the Orchidland
community and to operating in full compliance with all applicable permits and
regulations. We welcome dialogue with the Commission and with community
stakeholders, and we remain open to reasonable conditions that address legitimate
land-use concerns.
We respectfully request that the Commission evaluate this application on its merits and
the applicable planning criteria, and that it afford the allegations in the OLCA comment
letter the appropriate weight given the absence of supporting documentation and the
factual inaccuracies identified above.
Mahala for the Commission's consideration of these responses.
Respectfully submitted,
~Ye~~c-JJ
Greg Gadd
Manager, 130 Holdings LLC