HomeMy WebLinkAboutPD Background Report BWA LLC (PL-SPP-2023-033) MotanicalWorldAmendSPP.mp 02-17-2023
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
BWA LLC DBA BOTANICAL WORLD ADVENTURES
AMENDMENT TO SPECIAL PERMIT NO. 04-005 (PL-SPP-2023-000033)
BWA LLC DBA BOTANICAL WORLD ADVENTURES is requesting an amendment to
Condition No. 2 of Special Permit No. 04-005 for a 5-year extension to complete construction.
Special Permit No. 04-005 was approved in 2005 to allow a visitor center,parking lot and related
improvements on approximately 3.53 acres of land situated within the State Land Use
Agricultural District. The project site is part of the existing Botanical World Adventures situated
on the north side of Leopolino Road between Highway 19 and the Old Mamalahoa Highway,
Kamae`e, North Hilo, Hawaii, TMK: 3-1-001:015 (por.).
APPLICANT'S REQUEST
1. Request: The applicant is requesting an amendment to Special Permit No. 04-005,
which was originally approved to allow the construction of a visitor's center,parking lot,
and related improvements on approximately 3.53 acres of land to support the applicant's
botanical garden operation. The applicant is requesting a 5-year time extension to
Condition No. 2 in order to complete construction of the proposed visitor's center and
related improvements. The condition currently states the following:
"Construction of the proposed development shall be completed within five years
from the effective date of this amended permit. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed development
from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning
Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structures,
paved driveway access and parking stalls associated with the proposed development.
Landscaping shall also be indicated on the plans for the purpose of mitigating any
adverse noise or visual impacts to adjacent properties in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping Requirements). "
2. Reason for the Request: According to the applicant, the combined effects of
simultaneous hurricane events, the Puna lava flow and the Covid-19 pandemic resulted in
a noticeable decline in visitors, affecting the applicant's cash flow and plans for
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proceeding with construction of the visitor center, parking lot, and related improvements
by the August 6, 2020 deadline. The applicant is now encouraged and confident that the
rebounding visitor industry and improving economic situation across the State, County,
and elsewhere will create an environment to allow the commencement of construction.
The applicant has likewise adjusted plans such that the visitor center will be smaller in
area than originally proposed and constructed as two small buildings rather than one large
building, one to include an office, storage and restroom and a second for the downsized
visitor center. The applicant states they are in the process of seeking approval for a septic
system, after which they will finalize the location of the office building and visitor center
and subsequently will apply for building permits.
3. Supportive Information: The applicant has submitted the attached in support of the
request (Planning Department Exhibit 1 —Amendment Request to Special Permit
No. 04-000005 dated December 21,2022).
4. Landowner: BWA LLC.
BACKGROUND INFORMATION
5. Original Special Permit: Special Permit No. 04-005 was initially approved on June 5,
2005 to allow World Botanical Gardens to construct a visitor's center, parking lot, and
related improvements on approximately 3.53 acres of land.
6. Administrative Time Extension: On May 19, 2010 the Planning Director granted a 5-
year extension of time until June 8, 2015 to complete construction of the project in
compliance with Condition No. 2.
7. Ownership Change: On October 1, 2013 the applicant acquired the assets of the
previous applicant, World Botanical Gardens Inc.
8. Planning Commission Time Extension: On August 6, 2015 the Windward Planning
Commission approved amendments to Special Permit No. 04-005 for a 5-year extension
of time to Condition No. 2 (complete construction) and the expansion of operating hours
(Condition No. 3).
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DESCRIPTION OF STATE AND COUNTY PLANS
9. State Land Use Designation: Agricultural.
10. General Plan LUPAG MAP: Important Agricultural Lands.
11. County Zoning: Agricultural 20-acre (A-20a).
12. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. A small portion of the
property that is outside the permit area is located within the Special Management Area.
13. Hamakua Community Development Plan (HCDP): The subject property is located
within the boundaries of the HCDP, which was adopted by Hawaii County Council
Ordinance 2018-078 in August 2018.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
14. Subject Property: The property is the site of the existing Botanical World Adventures
(formerly World Botanical Gardens), which opened in 1995. The 3.53-acre permit area is
located on the southwest side of the larger 26.27-acre property located in the Umauma
area approximately 16 miles from Hilo. Umauma Falls is located near the northern
border of the project site. Current activities on the parcel primarily involve botanical
garden tours, hiking, zipline, Segway tours and related outdoor recreational uses. The
botanical gardens operation consists of a 272-square foot visitors shop (permitted as an
as-built office in 2010; Building Permit No. B2010-1243H), a 200-square foot wood
frame storage shed constructed in 1996 (Building Permit No. 961117), two 20'x 8' metal
storage containers, two 24'x 8' metal storage containers, two "porta-potties" on the site to
accommodate restroom needs for guests, and a small parking area adjacent to the visitors
shop fronting the Old Government Road which runs along the mauka boundary of the
property. Leopolino Road borders the property to its south/southeastern boundary.
15. Surrounding Zoning/Land Uses: Surrounding properties are zoned A-20a and consist
of farm dwellings, small farms and pasture areas. The closest dwelling is approximately
100 feet from the subject parcel boundary across Leopolino Road. Botanical World
Adventures operations include a zipline tour, waterfall tours, and rainforest walk on
portions of TMK Nos. (3) 3-1-001:020 (por.), 021 (por.), and 057 (por.)which are
located mauka of the subject property and are permitted within the State Land Use
Agricultural District.
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16. Land Study Bureau's Detailed Land Classification System: "C" or "Fair" and"E" or
"Very Poor" along the northern portion of the property bordering Hanapueo Stream.
17. USDA Soil Type: Hilo hydrous silty clay loam 0 - 10% slopes. The Hilo series consists
of well-drained silty clay loams. Runoff is medium and the erosion hazard is slight to
moderate.
18. Agricultural Lands of Importance to the State of Hawaii (ALISH): Classified as
"1", or"Prime Agricultural Land".
19. Flood Zone: According to previous comments from DLNR-Engineering Division, the
project site is located in an area of"minimal tsunami inundation". The National Flood
Insurance Program does not have any regulations for developments in this area.
20. Archaeological/Historic/Cultural Resources: By memo dated January 10, 2015, the
State Department of Land and Natural Resources Historic Preservation Division has
issued a"no-effect" determination. According to the applicant, there is no evidence of
valued cultural, historical or native resources nor evidence of any traditional and
customary Native Hawaiian rights being practiced on the property.
21. Flora/Fauna Resources: The property consists of former sugarcane land that was
intensively cultivated in sugarcane. According to the applicant, the flora on the property
prior to purchase by World Garden consisted of sugarcane, invasive grasses and noxious
weeds. The applicant has controlled weeds and grasses and planted approximately 500
botanical specimens of plants and trees on the property. The applicant plans to plant
30,000 botanical specimens. The Department of Land and Natural Resources Division of
Forestry and Wildlife has previously recommended that the applicant follow the weed
risk assessment contained in their website. Common species of birds in the area include
the Northern Mockingbird(Mimus polyglottos), Northern Cardinal (Cardinalis
cardinalis), Common Myna(Acridotheres tristis), House Finch (Carpodacus mexicanus),
House Sparrow (Passer domesticus), Spotted Dove (Streptopella chinesis), Zebra Dove
(Geopelia striata), and the Rock dove (Colunba livia). The I`o is very rarely seen soaring
overhead in the area.
22. Public Access: There is no record of a designated public access to the shoreline or
mountain areas traversing the property.
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PUBLIC UTILITIES AND SERVICES
23. Access and Parking: Access to the project site is presently taken from Old Mamalahoa
Highway, a 14-foot wide paved single-lane County road, via Leopolino Road, a 21-foot
wide,paved, single-lane roadway, and Highway 19, or the Hawaii Belt Road, a State-
owned highway. There is a packed gravel parking area on the site adjacent to the existing
visitor's shop. After construction of the proposed visitor center, access is proposed
directly off Leopolino Road onto a 30-foot wide paved driveway designated as "Palm
Avenue", a former cane haul road lined with 50 palms approximately 40 feet tall.
Visitors will exit the site by looping mauka within the site onto the Old Mamalahoa
Highway. By letter dated April 10, 2023, the State Department of Transportation (DOT)
states that while they have no objections to the applicant's request for a 5-year time
extension, prior analysis on visitor counts and required conditions were based on a 2005
TIAR that may no longer be applicable to current traffic conditions. DOT recommends
that a new TIAR be submitted and reviewed by the county prior to issuance of building
permits, to include an evaluation of intersection improvements such as ingress/egress to
and from Highway 19 and acceleration/deceleration lanes at Leopolino Road and Hawaii
Belt Road. DOT further states that should there be traffic impacts attributed to the
project, the applicant is required to provide mitigated traffic improvements at no cost to
the state.
24. Water: According to the applicant, water is available from a catchment system and
stored in two 30,000-gallon metal tanks. Currently, bottled water is provided to patrons
and staff, along with filtered catchment water for potable use. The applicant states that
once the visitor center is constructed, the applicant will either continue to use the filtered
water catchment system or an existing well to supply potable water needs. The
Department of Water Supply has previously stated that County water is not available to
the site. The Department of Health, Clean Water Branch, notes that the project shall
comply with Hawaii Administrative Rules, Chapters 11-53, 11-54 and 11-55.
25. Wastewater: According to the applicant, a septic system will be constructed, meeting
State Department of Health and County requirements.
26. Essential Utilities/Services: All utilities are available to the site. Police and fire
facilities are available in Laupahoehoe, approximately 10 miles away.
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AGENCIES' COMMENTS
27. State Department of Land and Natural Resources—Engineering Division:
(Planning Department Exhibit 2—March 3,2023 Memo)
28. Department of Environmental Management: (Planning Department Exhibit 3—
February 21,2023 Memo)
29. State Department of Health: (Planning Department Exhibit 4—February 17, 2023
Memo)
30. Fire Department: (Planning Department Exhibit 5—February 21,2023 Memo)
31. State Department of Transportation: (Planning Department Exhibit 6—April 10,
2023 Letter)
AGENCIES-NO COMMENT/CONCERNS
32. Department of Public Works —Engineering Division, Department of Water Supply,
Police Department, Department of Land and Natural Resources—Land Division, State
Office of Planning and Sustainable Development.
AGENCY-NO RESPONSE
33. Department of Public Works—Traffic Division, Real Property Tax, Land Use
Commission and Department of Agriculture.
PUBLIC COMMENTS
34. Planning Department Exhibit 7-Email testimony in support of application, from
Richard Alderson, dated April 20, 2023.
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Law Offices of Yeh & Kim RONALD NW KIM RKim"yehandkim com
Of Counsel
THOMAS L H YEH TLY,2 yehandkim com
505 Kilauea Avenue, Suite B, Hilo, Hawaii 96720-3059 JILL D RAZNOV JRaznov yehandkim com
Telephone (808)961-0055 JOHN S MUKAI 1Mukal;yehandkim com
Website: www.yehandkim.com
December 21, 2022
Windward Planning Commission
c/o Planning Department
County of Hawaii
101 Pauahi Street
Hilo, Hawaii 96720
Re: Special Permit No. 2004-000005 (SPP 04-005)
Applicant: BWA LLC dba Botanical World Adventures
Request: Establish a Visitor's Center, Parking and Related Improvements
Subject: Request for Time Extension
TMK No (3) 3-1-001: 015 (por.) Kamae'e,North Hilo, Hawaii State and County
Dear Chairperson Lin and Members of the Planning Commission:
On behalf of our client, BWA LLC dba Botanical World Adventures ("Applicant"), this
is to request the grant of a time extension of five (5) years for the completion of the proposed
visitor's center, 20,000-square foot parking lot and related improvements under Condition 14 of
SPP 04-005, originally issued June 8, 2005 (the "Special Permit"; enclosed as Exhibit"1").
On May 19, 2010, the Planning Director approved a five-year administrative time
extension of the Special Permit to complete construction of the visitor's center by June 8, 2015.
Exhibit"2". On October 1, 2013, Applicant acquired the assets of its predecessor, World
Botanical Gardens, Inc. On August 14, 2015, the Windward Planning Commission (the
"Commission") approved Applicant's first request to the Commission for a 5-year time extension
of the Special Permit to complete construction(Condition No. 2) and expand operating hours
(Condition No. 3). Exhibit"3". Applicant now seeks an additional time extension from the
current June 8, 2020 deadline for completion.
Applicant's instant request is consistent with the criteria provided in Condition 14 of the
Special Permit. A description of the general status of the project and reasons for this instant
request follow below.
General Status of Proiect Development
Botanical World, a botanical garden destination located on portions of Tax Map Key
("TMK")Nos. (3) 3-1-001: 015 (por.), 020 (por.), 021 (por.) and 057 (por.) in Kamae'e, North
Hilo District, has been in continuous operation in Hawai'i since 1995. The Commission
approved the Special Permit in June of 2005 to allow for the construction of a visitor center,
parking area and related improvements on a portion of TMK No. (3) 3-1-001: 015. Applicant has
operated Botanical World since October 2013.
Planning Dep�.
Exhibit 1
Law Offices of Yeh & Kim
Windward Planning Commission
December 21, 2022
Page 2
Botanical World's current activities primarily involve botanical garden tours, hiking,
zipline, Segway tours and related outdoor recreational uses. After the time extension of 2015,
Applicant added another 2,200 foot long segment to its zipline tour. Current improvements
include a small visitor shop located off the Old Mamalahoa Highway and the botanical gardens
display located along what is known as the Rainbow Walk Gardens, Arboretum, Orchards,
Rainforest Trail and Kamae'e Waterfalls Overlook. To access the Rainforest Trail, visitors
currently drive north along the Old Mamalahoa Highway for 500 feet from the visitor center and
park in the designated parking area. To go to the waterfall viewing area, visitors proceed from
the visitor center up the privately owned Kamae'e Road to the one-mile marker, then turn south
on Kamae'e Falls Overlook Drive (also privately owned) to Kamae'e Stream. There, visitors
may pull over to view Upper Kamae'e Falls on the Kamae'e River. All of these areas are
maintained and operated by Applicant. See Exhibit "4" (Site Plan and Map of Attractions).
Current plans for improvements include construction of a small office, storage and
bathroom facilities for staff and guests while the visitor center is being built. The smaller
building will be used by staff for administrative purposes once the visitor center facilities are
complete.
Applicant is currently in the process of finalizing plans for a smaller visitor center than
originally conceived to submit for building permit approval. Although demand for the attractions
remains strong, the need for a larger visitor center, as originally planned, has been adjusted such
that the total square footage of the building will likely be slightly less than indicated in the
original application. Therefore, instead of constructing one large building to house the visitor
center, Applicant plans to construct two small buildings, the total square feet of which combined
will be less than what was proposed originally for the one large building. The first building will
include an office, storage and a restroom. The second building will house the visitor center,
much of which will be comprised of an outside lanai for guests to enjoy the botanical gardens
setting while being protected from the elements. Applicant is also currently in the process of
seeking approval of a septic system for the office building, which system is being designed to
also accommodate the future visitor center. The approval of the septic system will allow
Applicant to finalize the locations of the office building and visitor center, which will then allow
Applicant to pursue the building permits for each building.
Time Extension Request
1. 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 nezliuence
Applicant's non-performance of the conditions within the time frame of the Special
Permit is the result of circumstances that could not have been foreseen on June 8, 2005 when the
Special Permit was approved, nor on May 19, 2010, when the administrative time extension was
approved, nor on August 14, 2015, when Applicant's first request for a time extension to the
Law Offices of Yeh & Kim
Windward Planning Commission
December 21, 2022
Page 3
Commission was approved. The economic and other circumstances which have caused
Applicant's non-performance were beyond Applicant's control and are not the result of
Applicant's fault or negligence.
As noted in previous annual progress reports, litigation to seize control over the board of
the original applicant, World Botanical Gardens, Inc., together with the great recession of 2008
followed by an unusually slow economic recovery nationwide, interfered with the development
of the visitor's center. Despite these difficulties, a zip line operation and Segway tour were
constructed as part of the outdoor recreation experience offered to visitors. The aforementioned
litigation, unfortunately, has not resolved but continues to wend its way through the judicial
system with ongoing appeals. Section 25-2-21 of the Hawaii County Code tolls the time for
performance of conditions involving specific time periods for appeals from decisions of the
Planning Director. While that section does not specifically apply to decisions of the Planning
Commission, it is within the inherent authority of the Commission in the issuance of special
permits to determine that the time of performance for conditions may be tolled in analogous
situations.
More recently, after completing its final zipline segment in 2017 and receiving plan
approval and building permits in 2018, simultaneous hurricane events and the Puna lava flow
resulted in negative publicity, which had a noticeable effect on the Applicant's cash flow and
Applicant's plans for proceeding with the visitor center construction. While 2019 saw
improvement in the number of guests, the Covid-19 pandemic took a tremendous toll on
Applicant's business operations, along with the wider Hawaii economy, with the many State and
County of Hawaii restrictions imposed on residents and visitors alike, including stay-at-home
orders, mandatory quarantine for visitors and returning residents, and the implantation of the
safe-travels program. When the Special Permit was issued, visitor counts averaged
approximately 80-90 visitors per day. More recently, the visitor counts have risen back to
approximately 100 visitors per day. The number of vehicles traveling to and from the
Applicant's site is between 25 to 35 vehicles per day. Uses of the visitor's center include those
previously identified in the Special Permit application and approved by this Commission. Since
then, the other outdoor recreational use offerings, as described herein, have been added to
Applicant's operations.
With the recent rebound in the visitor industry and improving economic situation in the
State, County and elsewhere, Applicant is now encouraged and confident that it can proceed with
funding for, and begin construction of, the proposed visitor center.
2. Granting of the time extension would not be contrary to the General Plan or Zoning Code or
the original reasons for the granting of the Permit.
Granting the requested time extension would not be contrary to the General Plan or
Zoning Code or the original reasons for granting the Special Permit. There have been no
significant changes to Applicant's plans for the development of the visitor center. As described
Law Offices of Yeh & Kim
Windward Planning Commission
December 21, 2022
Page 4
above, the building will likely have a slightly smaller footprint then originally indicated.
Applicant's time extension request, of an additional five (5) years in which to complete
construction of the proposed visitor's center, parking lot and related improvements, remains
consistent with the Special Permit criteria and the General Plan and Zoning Code. Barring any
additional unforeseen delays, Applicant is ready and able to perform the remaining the
conditions of the Special Permit upon approval of an extension. Applicant's funding options will
allow it to proceed to complete construction of the proposed visitor's center, parking lot and
related improvements by or before June 8, 2025.
Thank you in advance for your considered review of this time extension request. Please
let us know if there are questions or additional information is required at this time.
Very truly yours,
LAW OFFICES O KIM
T A H. YEH
JI L RAZNOV
Encls.
ec: BWA LLC
PLANNING COMMIySSION OF THE COUNTY OF HAWAI-I
STATE OF HAWAI'I l her"y cc,Pity that lids a c. Irue cepy from the
Records of the Planting Commission, County of
Custodian of Records,Plomdnq Gttttttssbn
Application of WORLD BOTANICAL SPP 04-005 County of Howaii
GARDENS, INC. for a special permit on a oate=- �� 8 �005 +
parcel situated at Kamaee, North Hilo, FINDINGS OF FACT; CONCLUSIONS
Hawaii, TMK: 3-1-1 Portion of 15. OF LAW; AND DECISION AND ORDER
Hearing Dates: June 4, 2004,July 2, 2004,
and May 12, 2005
FINDINGS OF FACT. CONCLUSIONS OF LAW.AND DECISION AND ORDER
I. FINDINGS OF FACT
1. WORLD BOTANICAL GARDENS,INC. (hereinafter, "Applicant") submitted
an application for a Special Permit to construct a visitor center,parking lot and related
improvements on approximately 154,010 square feet(3.53 acres) of land situated in the State
Land Use Agricultural District. The site is part of the existing World Botanical Gardens situated
on the north side of Leopolino Road between Highway 19 and the Old Mamalahoa Highway in
Kamaee,North Hilo, Hawaii, TMK: 3-1-1: Por. 15.
2. Background and Request: 1n 1995,World Botanical Gardens opened for
tourism a botanical garden that encompassed the site as well as adjacent lands totaling
approximately 300 acres. Currently,visitors obtain information and maps, small souvenirs and
canned juices at a 200-square foot wood frame shed constructed in 1996. The existing parking
area consists of approximately 4,500-square feet of hard packed, well-drained gravel capable of
accommodating up to 20 cars at a time.
3. The applicant proposes to construct a visitor center,parking lot and related
improvements on a portion of a 26.27-acre property. The 7,000-square foot two-story air
conditioned visitor center and 20,000-square foot parking lot will encompass approximately 3.5
acres within th,e 26.27-acre property. The actual building site proposed will be approximately
4,000 square feet,with 20,000 square feet for the parking lot. See, Exhibit"A" and exhibits 9
and 10 thereto (Exhibit references herein are to exhibits to the Background Report on
record). The visitor center will provide education and orientation, as well as generate revenue
for the World Botanical Gardens through sales of fresh fruit smoothies, health beverages,
supplements and other food items. Maps and literature, retail nursery items, memorabilia,gifts,
and sundries will be available for purchase at the visitor center.
4. The short term goal of the applicant is to increase its visitor count from current
levels of approximately 80 visitors each day (40 cars)to approximately 150 visitors daily. The
construction of the visitor center and associated improvements will allow tour buses on the site.
EXHIBIT III IV
The applicant estimates approximately 5 tour buses of 50 visitors each per day on the site. In the
long term, an average of 1,200 visitors will be accommodated on the site.
5. Currently, there are 3 full time and 2 part-time employees. After construction of
the visitor center, it is estimated that a total of 12 employees will be hired. Current hours of
operation are 9 am. to 5 p.m. daily,including weekends. These hours will remain the same after
construction of the visitor center. World Botanical Gardens Inc. is the landowner of the
property. (See Exhibit A-Special Permit application)
6. STATE AND COUNTY PLANS:
A. State Land Use District: Agricultural.
B. GP LUPAG Map: Intensive Agricultural.
C. County Zoning: Agricultural 20-acres (A-20a).
D. Chapter 205A,HRS, Coastal Zone Management Program: The entire
state of Hawaii lies within the Coastal Zone Management Area. The intent of the Coastal
Zone Management Program is to guide and regulate public and private uses in the coastal
zone management area with respect to recreational resources,historic resources,scenic
and open space resources, coastal ecosystems, economic uses, coastal hazards, managing
development,public participation, and beach protection.
E. Special Management Area(SMA): The Special Management Area is a
part of the Coastal Zone Management Program and regulated by the County. A small
portion of the property not part of the project area is located within the Special
Management Area.
7. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA
A. Subject Property: The property is the site of the existing World
Botanical Gardens, which opened in 1995. The site is an approximately 26.27-acre
property located in the Umauma area approximately 16 miles from Hilo. Umauma Falls
is located near the northern border of the project site. There is a 200-square foot wood
frame shed or shelter constructed in 1996 (which has not yet received final inspection per
Building Permit records)on the property. There are also two "porta-potties" on the site.
The Old Government Road runs along the mauka boundary of the property, and
Leopolino Road borders the property to its south/southeastern boundary.
B. Surrounding Zoning/Land Uses: Surrounding properties are zoned A-
20a and are fallow and abandoned cane fields,pasture, or cultivated diversified
agricultural crops such as ginger or sweet potato. According to the applicant, there is a
dwelling near the property. Building Permit records indicate that a permit for an
"efficiency dwelling' and storage building were opened in 2003 and 2002 respectively,
-2-
on parcel 30 across from Hanapueo Stream, and both permits have not been closed.
TMK: 3-1-1: 20 mauka of the site owned by Mauna Kea Agribusiness, is currently being
used as part of the World Botanical Gardens. The site plan for parcel 20 which is not a
part of this request but nevertheless part of World Botanical Gardens,includes a Rain
Forest Nature Trail, various species of plants, fruit, nut and spice orchard, a wedding
grove, and Umauma Falls.
C. USDA Soil Type: HoC, Hilo silty clay loam 0 - 10% slopes. The Hilo
series consists of well-drained silty clay loams. The surface layer is dark brown silty clay
loam about 12 inches thick. The surface layer is very strongly acidic, and the subsoil is
strongly acid to medium acid. Runoff is medium and the erosion hazard is slight to
moderate.
D. ALISH: Prime Agricultural Land, which has the soil quality, growing
season, and moisture needed to produce sustained high yields of crops economically
when treated and managed according to modem fanning methods.
E. Land Study Bureau's Detailed Land Classification System: "C" or
"Fair" and "B"or "Very Poor" along the northern portion of the property bordering
Hanapueo Stream.
F. FIRM: Zone "X", area determined to be outside the 500-year flood plain.
G. Flora/Fauna Resources: The property consists of former sugarcane land
that was intensively cultivated in sugarcane. According to the applicant,the flora on the
property prior to purchase by World Garden consisted of sugarcane, invasive grasses and
noxious weeds. The applicant has controlled weeds and grasses and planted
approximately 500 botanical specimens of plants and trees on the property. The applicant
plans to plant 30,000 botanical specimens. The Department of Land and Natural
Resources Division of Forestry and Wildlife has recommended that the applicant follow
the weed risk assessment contained in their website. Common species of birds in the area
include the Northern Mockingbird(Mimus polyglottos), Northern Cardinal (Cardinalis
cardinalis), Common Myna(Acridotheres tristis), House Finch (Carpodacus mexicanus),
House Sparrow(Passer domesticus), Spotted Dove (Streptopella chinesis), Zebra Dove
(Geopelia striata),and the Rock dove(Colunba livia). The to is very rarely seen soaring
overhead in the area.
H. Archaeological/Historical Resources: By memo dated January 13, 2004,
the State Department of Land and Natural Resources Historic Preservation Division has
indicated that they believe"there are no historic properties present because intensive
cultivation has altered the land, and no historic properties will be affected by this
undertaking." According to the applicant,because the property consists of former
sugarcane land that was completely and intensively cultivated for nearly a century, there
are no observable or otherwise known archaeological resources on or associated with the
property.
-3-
I. Cultural Resources: According to the applicant, there is no evidence of
valued cultural,historical or native resources nor evidence of any traditional and
customary Native Hawaiian rights being practiced on the property.
J. Public Access: There is no record of a designated public access to the
shoreline or mountain areas traversing the property.
K. Traffic: The applicant does not believe that the proposed development
will create an increase in traffic on Highway 19 as visitors to the site will be the same
visitors who visit Akaka Falls. According to the applicant,tour buses will be well
prepared in advance to decelerate and negotiate the exit off of Highway 19 onto
Leopolino Road and onto the site.
In a letter dated June 2, 2004, the Department of Transportation recommended
that the applicant prepare a Traffic Impact Analysis Report(TIAR) addressing the
following:
• an evaluation of intersection improvements at Leopolino Road and Hawaii
Belt Road(Route 19)to include, but not be limited to, acceleration lanes,
deceleration lanes, storage lanes, and other safety improvements.
• an evaluation on how the full build-out(for 1,200 visitors)of the subject
operation will impact the roadways in the area.
The Department of Transportation finther recommends that the applicant be responsible
for mitigating traffic impacts attributable to the proposed 1,200 daily visitors by providing
the required roadway and intersection improvements whether as an interim,
phaselincremental or permanent measures at the appropriate times matching the volume of
business traffic during the growth of the applicant's operations.
8. PUBLIC UTILITIES AND SERVICES
A. Access: Access to the project site is from Highway 19, travelling
approximately 100 yards along Leopolino Road, a 21-foot wide,paved,single-lane
roadway, and connecting onto the Old Goverment Road, a 14-foot wide paved single-
lane County road. Applicant's representatives testified that the County has maintained
Leopolino Road in recent years. The entrance to the site is approximately 100 yards from
the road. There is a packed gravel parking area on the site adjacent to the shelter. After
the construction of the visitor center, access is proposed directly off Leopolino Road onto
a 30-foot wide paved driveway designated as "Palm Avenue", a former cane haul road
lined with 50 palms approximately 40 feet tall. Visitors will exit the site by looping
mauka within the site onto the Old Government Road.
The Police Department recommends accesses only from Leopolino Road,instead
of Old Government Road to Kauniho Road to Highway 19 (from the site), due to the
speed of eastbound traffic on Highway 19 at the intersection with Kauniho Road. In
addition, the Police Department has indicated that the Old Government Road from the
site heading north is too narrow for two-way traffic.
B. Water: According to the applicant,water is available from a catchment
system and stored in two 30,000 gallon metal tanks. The Department of Water Supply
has stated that County water is not available to the site.
C. Sewage: According to the applicant, a septic system will be constructed,
meeting State and County requirements.
D. Other Essential Utilities/Services: All utilities are available to the site.
9. AGENCIES' COMMENTS
A. Department of Public Works: See Exhibit B-April 1,2004 Memo
B. Department of Environmental Management: See Exhibit C—
March 4, 2004 Memo
C. Department of Water Supply: See Exhibit D- April 12,2004 Memo
D. Police Department: See Exhibit E-March 18,2004 Memo
E. Fire Department: See Exhibit F-March 24,2004 Memo
F. Department of Land and Natural Resources Historic Preservation
Division: See Exhibit G-January 13,2004 Memo
G. Department of Land and Natural Resources Land Division: See
Exhibit H -April 7, 2004 Letter and Applicant's Response Letter dated April 26,
2004
H. Department of Health: See Exhibit I- March 23, 2004 Memo
I. Land Use Commission: See Exhibit J-March 9, 2004 and April 22,
2004 Letters and AppIicant's Letter dated April 12,2004
J. Department of Transportation: See Exhibit K -June 2, 2004 Letter
10. AGENCIES-NO COMMENTS
A. Civil Defense Agency
-s-
11. AGENCIES-NO RESPONSE
A. Natural Resources Conservation Service
12. PUBLIC COMMENTS. The Planning Commission received the following
written public comments: Cory Harden, Richard and Virginia Alderson, Brent Gallagher and
Jeff and Wendy Haun. At the public hearings on the application, the Planning Commission
received public testimony from the following persons: Richard Alderson, Jeff and Wendy Haun,
Mya Pawu, and George Leonard.
13. The Planning Commission held public hearings on the application on June 4,
2004,July 2, 2004, and May 12, 2005, after applicant gave written notice to surrounding
landowners as required by law.
14. No formal petitions for intervention in a contested case were filed pursuant to the
Planning Commission Rule 4.
15. At the July 2, 2004 public hearing on the Application, and by way of letter dated
June 28,2004, Ms. Wendy Haun gave public testimony opining that she and her husband,Jeff,
owned property(TMK: 3-1-1:46)across the Hawaii Belt Highway from the site, and that their
access easement was within 500 feet of the proposed special permit site. Ms. Haun therefore
said she and her husband should have been given written notice of the hearing on the
Application, but were not.
16. Staff reviewed the Planning Department's TMK Plat Map listed as Petitioner's
Exhibit 9 and reported to the Commission that Jeff'and Wendy Haun's property, and their access
easement, were not within 500 feet of the proposed special permit site, and the Commission so
finds.
IT. CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, the Commission makes the following
Conclusions of Law,including mixed conclusions of fact and law.
1. In considering a Special Permit for any proposed use,Rule 6 of the Planning
Commission relating to Special Permits require that such action conform to the following
guidelines:
a. Such use shall not be contrary to the objectives sought to be accomplished
by the Land Use Law and Regulations;
b. The desired use shall not adversely affect surrounding properties;
C. Such use shall not unreasonably burden public agencies to provide roads
and streets, sewers,water, drainage, school improvements, and police and fire protection;
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d. Unusual conditions, trends, and needs have arisen since the district
boundaries and regulations were established;
e. The land upon which the proposed use is sought is unsuited for the uses
permitted within the district;
f. The proposed use will not substantially alter or change the essential
character of the land and the present use; and
g. The request will not be contrary to the General Plan and official
Community Development Plan and other documents such as Design Plans.
2. In addition to the guidelines detailed above,the Planning Commission must also find
that the proposed use:
a. Is an unusual and reasonable use of land situated within the Agricultural or
Rural District, whichever the case may be; and
b. Would promote the effectiveness and objectives of Chapter 205,Hawaii
Revised Statutes, as amended.
The granting of this Application for Special Permit, with certain restrictions and limitations,
meet the criteria set forth in paragraphs 1 and 2.
3. The granting of this request would promote the effectiveness and objectives
of Chapter 205,Hawaii Revised Statutes, as amended. The State Land Use Law and
Regulations are intended to preserve,protect and encourage the development of lands for those
uses to which they are best suited in the interest of the public welfare of the people of the State of
Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high
agricultural potential in agricultural use.
4. The proposed facility will be directly accessory to and in support of the existing
botanical garden, which is a permissible agricultural use in the state land use agricultural district.
The proposed facility will occupy approximately 3.5 acres of a parcel approximately 26.27-acres
in size. The applicant proposes to construct a visitor center,parking lot and related
improvements on a portion of a 26.27-acre property. The 7,000-square foot two-story air
conditioned visitor center and 20,000-square foot parking lot will encompass approximately 3.5
acres within the 26.27-acre property. The actual building site proposed will be approximately
4,000 square feet, with 20,000 square feet for the parking lot. The visitor center will provide
education and orientation, as well as generate revenue for the World Botanical Gardens through
sales of fresh fruit smoothies,health beverages, supplements and other food items. Maps and
literature, retail nursery items,memorabilia, gifts, and sundries will be available for purchase at
the visitor center. The short term goal of the applicant is to increase its visitor count from
current levels of approximately 80 visitors each day (40 cars) to approximately 150 visitors
daily. The construction of the visitor center and associated improvements will allow tour buses
.7-
on the site. The applicant estimates approximately 5 tour buses of 50 visitors each per day on the
site. In the long term, an average of 1,200 visitors will be accommodated on the site. Currently,
there are three full time and two part-time employees. After construction of the visitor center, it
is estimated that a total of 12 employees will be hired. Current hours of operation are 9 a.m. to
5 p.m. daily, including weekends. These hours will continue to be in effect after construction of
the visitor center.
5. The desired use will not adversely affect the surrounding properties.
Surrounding properties are zoned Agricultural (A-20a) and are fallow and abandoned cane fields,
pasture, or cultivated diversified agricultural crops such as ginger or sweet potato. The closest
dwelling is located across the Hanapueo Stream to the northwest. In addition,according to the
applicant,a portion of the adjacent property mauka of the site is used for the botanical garden.
The World Botanical Garden has been in operation since 1995, and there are no complaints
regarding the operation of the business on the site. The proposed visitor center will occupy a
small portion of the site, and the view plane from the highway will not be affected. The
generator will emit some minimal noise only when in operation.
6. The desired use will not unreasonably burden public agencies to provide roads
and streets,sewers,water, drainage,school improvements,police and fire protection.
Access to the project site is from Highway 19 to Leopolino Road,a 21-foot wide, paved, single-
lane roadway to the Old Government Road,a 14-foot wide paved single-lane County road. The
ownership of Leopolino Road is uncertain,but the County has been maintaining it. The entrance
to the site is approximately 100 yards from the road. There is a packed gravel parking area on
the site adjacent to the shelter. After the construction of the visitor center, access is proposed
from Leopolino Road onto a 30-foot wide paved driveway designated as "Palm Avenue", a
former cane haul road lined with 50 palms approximately 40 feet tall. Visitors will exit the site
by looping mauka within the site onto the Old Government Road
7. The Police Department recommends accesses only from Leopolino Road, instead of
Old Government Road to Kauniho Road to Highway 19 (from the site),due to the speed of
eastbound traffic on Highway 19 at the intersection with Kauniho Road. In addition,the Police
Department has indicated that the Old Government Road from the site heading north is too
narrow for two-way traffic.
S. Tour buses will be well prepared in advance to decelerate and negotiate the exit
from Highway 19 onto Leopolino Road and onto the site. In a letter dated June 2, 2004, the
Department of Transportation recommends that the applicant prepare a Traffic Impact Analysis
Report (TIAR)addressing the following:
• an evaluation of intersection improvements at Leopolino Road and Hawaii Belt
Road (Route 19) to include, but not be limited to, acceleration lanes, deceleration
lanes, storage lanes, and other safety improvements.
8-
• an evaluation on how the full build-out(for 1,200 visitors)of the subject
operation will impact the roadways in the area
The Department of Transportation further recommends that the applicant be
responsible for mitigating traffic impacts attributable to the proposed 1,200 daily visitors
by providing the required roadway and intersection improvements whether as an interim,
phaselincremental or permanent measures at the appropriate times matching the volume
of business traffic during the growth of the applicant's operations.
9. As a condition of approval, should the Department of Transportation require any
improvements to Highway 19 and Leopolino Road as a result of information contained in the
TLkR, the applicant will be required to construct any improvements to the Highway 19 and
Leopohno Road intersection. The proposed condition will further require the applicant to submit
an updated TZAR when the visitor count exceeds twice the most recent number of visitors. The
Planning Director, in consultation with the Department of Transportation,may require further
intersection improvements commensurate with the volume of traffic.
10. Electrical and telephone services are available to the site. A septic system will be
constructed, meeting State and County requirements.
11. Unusual conditions, trends and needs have arisen since the district boundaries
and regulations were established. The complete demise of the long established sugar industry
that dominated agricultural activity for nearly a century has resulted in new trends and
conditions, including diversified agriculture and agricultural tourism. The proposed visitor
center will be located within the existing World Botanical Gardens,which has attracted visitors
to the site for nearly eight years.
12. The use will not substantially alter or change the essential character of the land
and the present use. Although the visitor center will be a new structure on the property,the
center will utilize approximately 4,000 square feet of the 26.27-acre property. Thus,the
proposed use will not substantially alter the essential character of the land. According to the
applicant, there is no record of a designated public access to the shoreline or mountain areas
traversing the property. Further,there is no evidence of valued cultural, historical or native
resources, nor evidence of any traditional and customary Native Hawaiian rights being practiced
on the site.
13. The property is zoned Agricultural 20-acres(A-20a) and falls within the State Land
Use designation of Agricultural. As such, a Special Permit is necessary to establish the proposed
use, to allow for uses other than agricultural uses on the subject property. The property is
currently the site of the World Botanical Gardens,with over 500 species of plants,with plans to
plant 30,000 species. The applicant's goal is to create a world class botanical garden. Therefore,
although a small portion of the property will be used to construct the visitor center and parking,
agricultural uses will expand upon construction of the center.
-9-
14. Agricultural activities will not be diminished, as the portion of the site proposed for
the development is not in active agricultural use. As the proposed facility will occupy
approximately 4,000 square feet of a 26.27-acre parcel, the proposed use will not remove
significant lands from agricultural use and would not be contrary to the objectives of the State
Land Use Law for the Agricultural District. The property is designated as Prime Agricultural
Lands by the ALISH map. These are lands which have the soil quality, growing season, and
moisture needed to produce sustained high yields of crops economically when treated and
managed according to modern farming methods. The Land Study Bureau's Overall Master
Productivity soil rating for the property is "C"or"Fair", and suited for use as a botanical garden.
The proposed use will complement, and not interfere with uses permitted in the district, as a
botanical garden is a permitted use within the Agricultural zoned district.
15. The proposed use is consistent with the goals,policies and standards of the
General Plan. The General Plan LUPAG Map designation for the property is Intensive
Agriculture, which includes sugar,orchard,diversified agriculture, and floriculture. Although a
small portion of the property will be used for the proposed development, the majority of the
26.27-acre parcel will remain in its current state. The proposed request will continue to
encourage agricultural activities or the utilization of lands in a manner consistent with the
Intensive Agriculture designation by the General Plan LUPAG Map. Finally, the proposed
request would complement and be consistent with the Land Use and Economic elements of the
General Plan.
16. The granting of this request would promote the effectiveness and objectives of
Chapter 205A,Hawaii Revised Statutes, relating to the Coastal Zone Management
Program. The project site is not located in the Special Management Area. The site is located
mauka of Highway 19 and will not be impacted by coastal hazard and beach erosion. There is no
record of a designated public access that traverses the property. According to the applicant,no
valued cultural,historical or natural resources exist on the properties and there is no evidence of
any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not
anticipated that the proposed request will have any adverse impact on cultural or historical
resources in the area. The proposed project will not impact any recreational resources,scenic
and open space or visual resources,coastal ecosystems and marine coastal resources.
17. The property consists of former sugar cane land that was intensively cultivated in
sugar cane. According to the applicant,the flora on the property prior to purchase by World
Garden consisted of sugar cane, invasive grasses and noxious weeds. The applicant has
controlled weeds and grasses and planted approximately 500 botanical specimens of plants and
trees on the property. The applicant plans to plant 30,000 botanical specimens. The Department
of Land and Natural Resources Division of Forestry and Wildlife has recommended that the
applicant follow the weed risk assessment contained in their website. Common species of birds
in the area include the Northern Mockingbird (Mimus polyglottos),Northern Cardinal
(Cardinalis cardinalis), Common Myna(Acridotheres tristis), House Finch(Carpodacus
mexicanus), House Sparrow (Passer domesticus), Spotted Dove(Streptopella chinesis), Zebra
Dove(Geopelia striata), and the Rock dove (Colunba livia). The I'o is very rarely seen soaring
overhead in the area.
-10-
18. By memo dated January 13,2004 the State Department of Land and Natural
Resources Historic Preservation Division has indicated that they believe "there are no historic
properties present because intensive cultivation has altered the land, and no historic properties
will be affected by this undertaking." According to the applicant,because the property consists
of former sugarcane land that was completely and intensively cultivated for nearly a century,
there are no observable or otherwise known archaeological resources on or associated with the
property.
19. In view of the recent Hawaii State Supreme Court's "DASH"and"Ka Pa'akai O
Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be
addressed in terms of the cultural, historical, and natural resources and the associated traditional
and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance survey, oral history
of kamaaina accounts of the area, historical survey of documentary records, botanical and/or
fauna study was submitted.
The valuable cultural,historical, and natural resources found in the rezoning area: As the site
was formerly cultivated in sugar cane, an archaeological inventory survey of the site was not
conducted. By letter dated January 13,2004,the DLNR-HPD has indicated that"we believe
there are no historic properties present [because] intensive cultivation has altered the land. Thus,
we believe that no historic properties will be affected by this undertaking." However, a
condition will be included to require the applicant to notify the Planning Department if any
unanticipated archaeological features or sites are discovered during the course of improving the
site.
Possible adverse effect or impairment of valued resources: Native plants could be destroyed by
construction and ground alteration. The subject property does not abut the shoreline,therefore
Hawaiian gathering and fishing rights is not an issue.
Feasible actions to protect native Hawaiian rijzhts: Conditions of approval will be included to
require the applicant to notify the Department of Land and Natural Resources -Historic
Preservation Division(DLNR-HPD) should any unidentified sites or remains be encountered,
and proceed only upon an archaeological clearance from the DLNR-HPD. The applicant has
stated that since the property was intensively cultivated in sugarcane production for
approximately 100 years,no traditional and customary native Hawaiian rights are exercised in
the area. Thus, it is believed that the project would have no adverse impact relative to the
cultural and historical resources of the area. To the extent to which traditional and customary
Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian
rights and no action is necessary to protect these rights.
20. Based on the above considerations, the request to construct a visitor center,
parking lot and related uses would be an unusual and reasonable use of land within the State
I,-
Land Use Agricultural District,which would not be contrary to the objectives sought to be
accomplished by the State Land Use Law Rules and Regulations.
M. DECISION AND ORDER
The application for a Special Permit is hereby approved subject to the following
conditions:
1. The applicant, successors or assigns shall comply with all of the stated conditions
of approval.
2. Construction of the proposed development shall be completed within five years
from the effective date of this permit. Prior to construction,the applicant,successors or assigns
shall secure Final Plan Approval for the proposed development from the Planning Director in
accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall
identify all existing and/or proposed structures, paved driveway access and parking stalls
associated with the proposed development. Landscaping shall also be indicated on the plans for
the purpose of mitigating any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No. 17 (Landscaping
Requirements).
3. The hours of operation shall be limited to 9:00 am. to 5:00 p.m. daily, including
weekends.
4. The total square footage of the visitor center shall not exceed 7,000 square feet.
The parking area shall not exceed 20,000 square feet.
5. All parking areas shall be on-site.
6. The applicant shall construct any improvements to the Highway 19 and Leopolino
Road intersection required by the Department of Transportation or Planing Director including
improvements necessary to improve the sight distance. The Planning Director may require the
applicant to submit an updated TIAR when the visitor count exceeds twice the most recent
number of visitors. The Planning Director, in consultation with the Department of
Transportation,may require further intersection improvements commensurate with the volume of
traffic.
7. A drainage study of the property, if required,shall be prepared by the applicant
and submitted to the Department of Public Works for review and approval, prior to submittal of
plans for Plan Approval review. Drainage improvements, if required, shall be constructed,
meeting with the approval of the Department of Public Works prior to the issuance of a
Certificate of Occupancy.
-12-
8. All development generated runoff shall be disposed of on-site and not be directed
toward any adjacent properties.
9. 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.
10. Should any remains of historic sites,such as rock walls, terraces, platforms,
marine sell concentrations or human burials be encountered, work in the immediate area shall
cease and the Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures
have been taken.
11. The applicant shall follow the Weed Risk Assessment referred to in the Division
of Forestry and Wildlife's March 10, 2004 memorandum.
12. Comply with all applicable rules,regulations and requirements of the affected
agencies, including the Department of Public Works,Department of Transportation, and
Department of Land and Natural Resources Division of Forestry and Wildlife, for the
development of the subject property.
13. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date 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 satisfied. In order to
enable the Planning Director to monitor whether intersection improvements may be necessary
pursuant to Condition No. 5, the annual report shall include a count of(1) the total number of
visitors, and(2)the number of large tours buses.
14. An extension of time for the performance of conditions of the permit may be
granted by the Planning Director upon the following circumstances:
A. 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 the Zoning Code.
C. Granting of the extension would not be contrary to the original reasons for
the granting of the permit.
D. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e., a condition to be performed within one year may
be extended for up to one additional year).
-13-
Should any of these conditions not be met or substantially complied with in a timely fashion, the
Planning Director may initiate procedures to revoke this permit.
DATED: Hilo, Hawaii, J UN 8 2005
PLANNING COMMISSION
COUNTY OF HAWAI`I
Fred Galdones, Chairman
-;4-
�ZYfOf p+ BJ Leithead Todd
William P.Kenoi
Mayor 1 Director
Margaret K. Masunaga
Deputy
+rE GF•M►Y
County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
May 19, 2010
Thomas L.H. Yeh, Esq.
Tsukazaki, Yeh&Moore
85 W. Lanikaula Street
Hilo, HI 96720-4199
Dear Mr. Yeh:
Special Permit No. 2004-000005 (SPP 04-005)
Applicant: World Botanical Gardens, Inc.
Request: Establish a Visitor's Center, Parking and Related Improvements
Subject: Request for Administrative Time Extension
Tax Map Key' 3-1-001• portion of 015
This is to acknowledge receipt of your May 14, 2010 informing the Planning Department of the
visitor counts for 2009-2010. We appreciate the information provided and ask that you would
provide this information as part of the annual progress reports.
In regards to your previous request for an administrative time extension to comply with
Condition No. 2 (complete construction), based on the information provided in your previous
letter, we will grant a 5-year administrative time extension until June 8,2015 as allowed by
Condition No. 14.
For an additional time extension to comply with Condition No. 2, you will need to submit your
request and reasons, along with 20 copies of that request to the Planning Department with a$250
filing fee. The request will be transmitted to the Planning Commission for appropriate action.
If you have any questions, please feel free to contact Jeff Darrow at 961-8158.
Sincerely,
6BJ LEITHEAD TODD FL2
Planning Director 0 JWD:smn
P:\wpwin60\Jeff\Letters\Time Ext\LYeh-WorldBotanicalGarden-AdminTER-SPP-04-
iBy
Hawaii Counry is an Equal Opportunity Provider and Employer
EXHIBIT "2"
f f
County of Hawaili
WINDWARD PLANNING COMMISSION
Aupuni Center f 101 Pauahi Street,Suite 3 f Hilo,Hawaii 96720
AUG 2 0 2015 Phone(808)961-8288 f Fax(808)961-8742
Thomas L.H. Yeh, Esq.
Law Offices of Yeh&Moore
85 W. Lanikaula Street
Hilo, HI 96720
Dear Mr. Yeh:
SUBJECT: Special Permit (SPP 04-000005)
Applicant: BWA LLC dba Botanical World Adventures
Request: Amendment for Time Extension to Construct Visitor's Center,
Parking Lot,and Related Improvements and To Extend the
Hours of Operation
Tax Map Key: 3-1-001:015
The Windward Planning Commission, at its duly held public hearing on August 6, 2015, voted to
approve the above-referenced request to amend Special Permit No. SPP-04-000005 for a 5-year
extension of time to Condition No. 2 (complete construction) and the expansion of operating hours
(Condition No. 3). The project site is part of the existing Botanical World Adventures situated on the
north side of Leopolino Road between Highway 19 and the Old Mamalahoa Highway,Kamae`e,
North Hilo,Hawaii.
Approval of this permit is subject to the following conditions:
1. The applicant, successors or assigns shall comply with all of the stated conditions of
approval.
2. Construction of the proposed development shall be completed within five years from
the effective date of this amended permit. Prior to construction,the applicant,
successors or assigns shall secure Final Plan Approval for the proposed development
from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning
Code),Hawaii County Code. Plans shall identify all existing and/or proposed
structures, paved driveway access, and parking stalls associated with the proposed
development. Landscaping shall also be indicated on the plans for the purpose of
mitigating any adverse noise or visual impacts to adjacent properties in accordance
with the requirements of Planning Department's Rule No. 17 (Landscaping
Requirements).
Hawaii County is an Equal Opportunity Provider and Employer
EXHIBIT 113"
Thomas L. H. Yeh,Esq.
Law Offices of Yeh&Moore
Page 2
3. The hours of operation shall be limited to 7:00 a.m. to dusk/sunset daily,including
weekends.
4. The total square footage of the visitor center shall not exceed 7,000 square feet.
The parking area shall not exceed 20,000 square feet.
5. All parking areas shall be on site.
6. The applicant shall construct any improvements to the Highway 19 and Leopolmo
Road intersection required by the Department of Transportation or Planning Director
including improvements necessary to improve the sight distance. The Planning
Director may require the applicant to submit an updated TLAR when the visitor count
exceeds twice the most recent number of visitors(80 per day). The Planning Director,
in consultation with the Department of Transportation,may require further
intersection improvements commensurate with the volume of traffic.
7. A drainage study of the property, if required, shall be prepared by the applicant and
submitted to the Department of Public Works for review and approval,prior to
submittal of plans for Plan Approval review. Drainage improvements,if required,
shall be constructed,meeting with the approval of the Department of Public Works
prior to the issuance of a Certificate of Occupancy.
8. All development generated runoff shall be disposed of on-site and not be directed
toward any adjacent properties.
9. 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.
10. Should any remains of historic sites, such as rock walls,terraces,platforms,marine
sell concentrations, or human burials be encountered, work in the immediate area shall
cease and the Department of Land and Natural Resources-Historic Preservation
Division(DLNR-HPD)shall be immediately notified. Subsequent work shall proceed
upon an archaeological clearance from the DLNR-HPD when it finds that sufficient
mitigative measures have been taken.
11. The applicant shall follow the Weed Risk Assessment referred to in the Division of
Forestry and Wildlife's March 10, 2004 memorandum.
EXHIBIT "Y
Thomas L. H. Yeh, Esq.
Law Offices of Yeh&Moore
Page 3
12. Comply with all applicable rules, regulations, and requirements of the affected
agencies,including the Department of Public Works,Department of Transportation,
and Department of Land and Natural Resources Division of Forestry and Wildlife, for
the development of the subject property.
13. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the original permit. The report shall include,but not be limited to,
the status of the development and to what extent the conditions of approval are being
satisfied. In order to enable the Planning Director to monitor whether intersection
improvements may be necessary pursuant to Condition No. 6,the annual report shall
include a count of(1) the total number of visitors, and(2)the number of large tours
buses.
14. If the applicant should require an additional extension of time, the applicant shall
submit their request to the Planning Commission for appropriate action.
[Note: Ramseyer version available upon request.]
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
Approval of this permit is based on the reasons given in the attached Findings Report.
Should you have any questions,please contact Jeff Darrow of the Planning Department at
961-8158.
cerely,
Myles yasato,Chnian
Windward Planning Commission
LBW Abotanicalworidadventuresamen dSPP04-005wpc
Enclosure: PC Findings Report
cc w/enclosures: BWA LLC dba Botanical World Adventures
Department of Public Works
Department of Water Supply
County Real Property Tax Division-Hilo
Department of Environmental Management
Department of Land&Natural Resources-HPD
State Land Use Commission
DOT Highways,Honolulu
Mr. Gilbert Bailado
EXHIBIT "Y
COUNTY OF HAWAN
PLANNING COMMISSION FINDINGS
BWA LLC DBA BOTANICAL WORLD ADVENTURES
AMENDMENT TO SPECIAL PERMIT NO. 04-005
BWA LLC DBA BOTANICAL WORLD ADVENTURES is requesting a 5-year
extension of time to Condition No. 2 (complete construction) and the extension of operating
hours (Condition No. 3) of Special Permit No. 04-005, which allowed for the construction of a
visitor center, parking lot and related improvements on approximately 154,010 square feet (3.53
acres) of land situated within the State Land Use Agricultural District. The project site is part of
the existing Botanical World Adventures situated on the north side of Leopolino Road between
Highway 19 and the Old Mamalahoa Highway, Kamae'e, North Hilo, Hawai'i, TMK: 3-1-001:
portion of 015.
The applicant has submitted a request for a five-year extension of time to comply with
Condition No. 2 (time to complete construction) of Special Permit No. 04-005. The condition
currently states, "Construction of the proposed development shall be completed within five years
from the effective date (June 8, 2005) of this permit. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed development from the
Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii
County Code. Plans shall identify all existing and/or proposed structures,paved driveway access,
and parking stalls associated with the proposed development. Landscaping shall also be indicated
on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements)."
In addition, the applicant is requesting an amendment to Condition No. 3
(hours of operation) to extend the hours of operation to begin at 7:00 a.m. and end at dusk/sunset
daily, including weekends. The condition currently states, "The hours of operation shall be
limited to 9:00 a.m.to 5:00 p.m. daily, including weekends."
Special Permit No. 04-005 was initially approved on June 5, 2005 to World Botanical
Gardens to allow the construction of a visitor's center, parking lot, and related improvements on
approximately 3.53 acres of land. On May 19, 2010, the Planning Director granted a 5-year
extension of time until June 8, 2015 to complete construction of the project in compliance with
Condition No. 2. On October 1, 2013, the applicant acquired the assets of the previous applicant,
World Botanical Gardens Inc.
The applicant seeks an additional extension of time until June 8, 2020 to comply with
Condition No. 2 due to:
Years of litigation to seize control over the board of the original applicant; and
• Economic decline beginning in 2008 which suppressed the visitor market.
Additionally, the applicant is requesting an extension to the hours of operation to
allow flexibility in its program offerings by providing visitors with the opportunity to come
earlier and stay later to take advantage of different program offerings (i.e. zip line operations,
botanical garden tour or visits tours, Segway tours, etc.) and to obtain refreshments during those
earlier and later hours. In addition, as part of the desired visitor's center operation, the applicant
sees a need which may exist for area residents and passersby to stop and obtain coffee, drinks,
snacks or other refreshments.
EXHIBIT11311
Granting of the construction time extension and operating hour requests would not
be contrary to the original reasons for the granting of the permit. The use would continue to
be an unusual and reasonable use of lands situated within the Agricultural District and will not be
contrary to the objectives of Chapter 205, HRS, as amended. No complaints were formally
received relative to the requested time extension and operating hour change. As stated in the
original permit, the proposed use will not unreasonably burden public agencies to provide roads
and streets,sewers, water, drainage, and police and fire protection.
Approval of the requests would not be contrary to the General Plan or the Zoning
Code. Since the administrative extension of time to the Special Permit was approved in 2010, all
land use designations have remained the same. The State Land Use designation is Agricultural,
County zoning for the property is A-20a, and the GP LUPAG map is Important Agricultural
Lands.
The amendment to Conditions No. 2 and No. 3 would not be contrary to the General Plan
or the Zoning Code. Although a small portion of the property will be used for the proposed
development, the majority of the 26.27-acre parcel will remain in its current state. The proposed
request will continue to encourage agricultural activities or the utilization of lands in a manner
consistent with the Important Agricultural Lands designation by the General Plan LUPAG Map.
Finally, the proposed request would complement and be consistent with the Land Use and
Economic elements of the General Plan.
The applicant does not anticipate the proposed extension of operating hours to create
additional noise or visual impacts to any appreciable degree. In addition, the applicant does not
expect that a change in hours of operation will significantly increase traffic impacts to Highway
19 or Leopolino Road to levels that will trigger the requirement of a TIAR update or any
roadway improvements.
The Department of Transportation (DOT) commented that they had no objections to the
request for the extension of time, but did have some concern over the expansion of operating
hours, given the age of the traffic assessment (TIAR) and likely changes in traffic conditions.
However, DOT deferred an update of the assessment at this time but reserved the right to
request, at its sole discretion, an updated traffic assessment in the event the expanded operating
hours generate traffic issues attributable to the World Botanical Gardens activities and such
issues shall be mitigated by BWA at no cost to the DOT. They also clarified that the above
determination was in addition to the existing permit condition that BWA update the Phillip
Rowell and Associates Traffic Assessment dated January 21,12005, when the visitor counts
exceed twice the "existing" counts of 80 per day. DOT further stated that BWA shall provide
appropriate and timely improvements as may be recommended in the updated traffic assessment
at no cost to the DOT(as required in Condition No. 6 below).
In response to this amendment request, the DOT required the applicant to provide street
lighting at the intersection of Hawaii Belt Road and Leopolino Road, should the proposed
extended operating hours be approved. The applicant's representative met with DOT staff and
informed them that they would not be operating during the night but would be closing at
dusk/sunset. DOT informed the applicant's representative that a street light would not be
required at this time. This was confirmed by the Planning Department staff with DOT officials.
Based on the above considerations, the amendments to Condition No. 2 for a 5-year time
extension to complete construction and the increase in operating hours for Condition No. 3 are
approved.
2
EXHIBIT 113"
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EXHIBIT 114"
Law Offices of Yeh & Kim RONALD N.w.KIM RKim(a yehandkim com
Of Counsel:
505 Kilauea Avenue, Suite B, Hilo, Hawaii 96720-3059 THOMAS L.H.YEH TLY0dyehandkim.eom
Telephone: (808)961-0055 JILL D.RA7.NOV Jra.znov@,yehandkim.com
Website: www.yehandkim.com JOHN MUKAI jmukai@yehandkim.com
January 24, 2023
CDH PLANNING (KEPT
Zendo Kern, Director JAN DD 2023 amlB:03
Planning Department
County of Hawaii REC'D 3Y MAIL
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Annual Progress Report
BWA LLC dba Botanical World Adventures
Special Permit No. 04-005, Tax Map Key No. (3) 3-1-001: 015
Dear Mr. Kern:
On behalf of our client, BWA LLC dba Botanical World Adventln-es_ ("O��ner"), this is to
transmit an annual progress report relating to Special Permit No. 04-005 ("SP 04-005"). The
annual progress report requirement is contained in Condition 13 of the. Decision and Order issued
by the County Planning Commission on June 8, 2005. A description of the general status of the
project follows below.
On October 1, 2013, BWA LLC acquired the assets of former Applicant World Botanical
Gardens, Inc. ("WBGI"). BWA LLC is a Hawaii limited liability company.
General Status of Project Development
The subject property is primarily a botanical garden destination with an eight(8) stage
zipline tour located on portions of Tax Map Key ("'INIK") Nos. (3) 3-1-001: 015 (por.), 020 (por.),
021 (por.) and 057(por.), Kamae'e,North Hilo ❑istrict, I lawai'i District since 1995. In June of
2005, SP04-0005 was approved by the C 'tong (.)I']lawai'i Planning Commission to allow the
construction of a visitor center, parking area and related improvements on a portion of TMK No.
(3) 3-1-001: 015.
After the time extension of 2015, Applicant added another 2,200 foot long segment to its
zipline tour. Current improvements include a small visitor shop located off the Old Mamalahoa
Highway and the botanical gardens display located along what is known as the Rainbow Walk
Gardens, Arboretum, Orchards, Rainforest Trail and Kamae'e Wnteralls Overlook. To access the
Rainforest Trail, visitors currently drive north along the Old Mantalahoa Highway for 500 feet from
the visitor center and park in the designated parkin-, area. 1 o go to the waterfall viewing area,
visitors proceed from the visitor center up the privately owned Kamae'e Road to the one-mile
marker, then turn south on Kamae'e Falls Overlook Drive (also privately owned)to Kamae'e
Stream. There, visitors may pull over to view Upper Kamae'e Falls on the Kamae'e River. All of
these areas are maintained and operated by Applicant. The current botanical garden operations are
comprised of a visitor shop located off the Old Mamalahoa Highway and the primary botanical
gardens display.
� p
Zendo Kern, DirectorPlanning Department
County of Hawaii
January 24, 2023
Page 2
As discussed in a request for time extension submitted on December 21, 2022,Applicant is
currently in the process of finalizing plans for a smaller visitor center than originally conceived to
submit for building permit approval. Although demand for the attractions remains steady, the need
for a larger visitor center, as originally planned, has been adjusted such that the total square footage
of the building will likely be slightly less than indicated in the original application. Therefore,
instead of constructing one large building to house the visitor center,Applicant plans to construct
two small buildings, the total square feet of which combined will be less than what was originally
proposed. The first building will include an office, storage and a restroom. The second building
will house the visitor center, much of which will be comprised of an outside lanai for guests to
enjoy the botanical gardens setting while being protected from the elements.
After the most recent time extension that was approved in 2015, the 2018 lava flow and the
Covid 19 pandemic adversely affected Applicant's visitor counts and business operations. Starting
in 2022, Applicant's operations have seen a resurgence in visitors.
The Applicant continues to operate a zipline operation on adjoining land, and processes
zipline guests at its current visitor shop. The zipline tour has helped to maintain a certain level of
visitors to the botanical gardens.
Visitor Counts
In 2022, Applicant has accommodated an average of 45 to 50 visitors per day(including
zipline participants), arriving in approximately 15 to 20 vehicles per day.
Time Extension Request
Given the intention ofBWA LLC to construct the visitor center, a request for time
extension and possible amendment of certain conditions of the special permit has been submitted.
Please do not hesitate to contact me at 961-0055, should you have any questions or require
any additional information.
Very truly yours,
LAW OFFICE OF YEH & KIM
THOMAS L.H. YEH
Encl.
cc: BWA LLC
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DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: Special Permit Amendment Application (PL-SPP-2023-000033) and Special
Permit No. 04-000005 (SPP-04-000005)—Request for a 5-Year Time
Extension to Complete the Establishment of a Visitor's Center, Parking, and
Related Improvements
Location: North Hilo, Island of Hawaii
TMK(s): (3) 3-1-001:015
Applicant: County of Hawaii on behalf of BWA, LLC dba Botanical World
Adventures
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of
the Code of Federal Regulations (44CFR), are in effect when development falls within a
Special Flood Hazard Area (high-risk areas). Be advised that 44CFR, Chapter 1,
Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local
community flood ordinances may stipulate higher standards that can be more restrictive
and would take precedence over the minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard Zone designation for the project. Flood zones subject to NFIP
requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official
FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood
Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT) could also be used to
research flood hazard information.
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
(808) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139.
o Kauai: County of Kauai, Department of Public Works (808) 241-4849.
Signed:
4/711-
'rAkTY S. CHANG, CHIEF ENGINEER
Date: Mar 3, 2023
Planning Deps.
Exhibit 2
�PN, +. Ramzi I.Mansour
Mitchell D.Roth " L�+�
.. Director
Mayor
Lee Lord %ii $` Brenda Iokepa-Moses
OF NF`Managing Director Deputy Director
County of Hawai'i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 -Hilo,Hawai'i 96720 • cohdem@hawaiicounty.gov
Ph: (808)961-8083-Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Direckr* C_ ,Q . y4YA`)-Q —
Department of Environmental Management
DATE: February 21, 2023
SUBJECT: Special Permit Amendment Application(PL-SPP-2023-000033)
Special Permit No. 04-000005 (SPP-04-000005)
Applicant: BWA, LLC dba Botanical World Adventures
Request: Amendment to Condition No. 14 of Special Permit No. 04-000005
(SPP-04-000005) for a 5-Year Time Extension to Complete the
Establishment of a Visitor's Center, Parking, and Related Improvements
Tax Map Key: (3) 3-1-001:015,North Hilo, Hawaii
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
• Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
• Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
• Ample and equal room should be provided for rubbish and recycling.
• Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
• Construction and demolition waste is prohibited at all County Transfer Stations.
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
• Applicant shall follow Hawaii Department of Health regulations. No Hawaii County
Sewer System in area
Planning Dept. County of Hawai'i is an Equal Opportunity Provider and Employer
Exhibit 3
JOSH GREEN,M.D. f„ KENNETH S. FINK,M.D, MGA,MPH
GOVERNOR OF HAWAII �p Beo ss 9 y` DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I y� KA LUNA HO'OKELE
`e
r01
"r
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: February 17, 2023
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Permit Amendment Application (PL-SPP-2023-000033)
Special Permit No. 04-000005 (SPP-04-000005)
Applicant: BWA,LLC dba Botanical World Adventures
Request: Amendment to Condition No. 14 of Special Permit No. 04-000005
(SPP-04-000005) for a 5-Year Time Extension to Complete the
Establishment of a Visitor's Center, Parking, and Related
Improvements
TMK: 3-1-001:015, North Hilo, Hawaii
In most cases, the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health "Standard
Comments"regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and proiect owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
Planning Dept.
Exhibit 4
Zendo Kern
February 21, 2023
Page 2 of 4
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: hiips://health.hawaii..gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
hiips://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation& Emergency Response Office
are at: https:Hhealth.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
Mips://health.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Zendo Kern
February 21, 2023
Page 3 of 4
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Solid & Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible, waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program—The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at doh.wwbgdoh.hawaii.gov.
Sanitation/Local DOH Comments:
1. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control," shall not be exceeded unless a
noise permit is obtained from the Department of Health.
2. According to HAR §11-26-35, No person, firm, or corporation shall demolish or
clear any structure, place, or vacant lot without first ascertaining the presence or
absence of rodents that may endanger public health by dispersal from such
premises. Should any such inspection reveal the presence of rodents, the rodents
shall be eradicated before demolishing or clearing the structure, site, or vacant lot.
Zendo Kern
February 21, 2023
Page 4 of 4
A demolition or land clearing permit is required prior to demolition or clearing.
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter,please contact the Department of
Health, Hawaii District Health Office, at(808) 933-0917.
HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE February 21, 2023
Memorandum
TO MARYAM PALMA, COUNTY OF HAWAII, PLANNING DEPT.
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH
SUBJECT: BOTANICAL WORLD ADVENTURES, (SPP-04-000005), AMENDMENT
TO CONDITION NO. 14 OF SPECIAL PERMIT
In regards to the above mentioned project, Fire Department Access and Water Supply shall
comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii
County Code. For any questions please email Clinton.Baybqyankhawaiicoun ov or call 808-
323-4761.
Respectfully Submitted,
gff�-
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department
Planning Dept.
Exhibit 5
JOSH GREEN,M.D. o - EDWIN H.SNIFFEN
GOVERNOR .c +r+aa ar DIRECTOR
r Deputy Directors
•.; DREANALEE K.KALILI
TAMMY L.LEE
ROBIN K.SHISHIDO
.. JAMES KUNANE TOKIOKA
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET STP 00121.23
HONOLULU, HAWAII 96813-5097 HWY-PL 2.1213
April 10, 2023
Mr. Zendo Kern, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo,Hawaii 96720
Attention: Ms. Maryam Palma
Dear Mr. Kern:
Subject: Special Permit Amendment Application(PL-SPP-2023-000033)
Botanical World Adventures
Hawaii Belt Road, Route 19 -Kamaee,North Hilo,Hawaii
Tax Map Key No: (3) 3-1-001: 015 (Portion)
Thank you for your letter dated February 16, 2023, requesting our comments on the Special Permit
Amendment application. The applicant is requesting to amend Condition 14,which relates to a potential
request to the Planning Commission for additional extension of time to complete the project.
The applicant seeks an approval to allow a 5 year time extension to fulfill the completion of a new visitor
center,a 20,000-square-foot parking lot, and related improvements on a portion of the 26.27-acre site.
The project access is located off Hawaii Belt Road(State Route 19) via Leopolino Road and
Old Government Road;both of which are county roadways.
The 2005 Special Permit(SPP04-000005)requirements listed for Condition 6 related to transportation
matters are as follows:
6. The applicant shall construct any improvements to Highway Route 19 and Leopolino
Road intersection required by the Hawaii Department of Transportation (HDOT) or
Planning Director, including improvements necessary to improve the sight distance. The
Planning Director may require the applicant to submit an updated Transportation Impact
Analysis Report (TIAR)when the visitor count exceeds twice the most recent number of
visitors (80 per day). The Planning Director, in consultation with the HDOT,may
require further intersection improvements commensurate with the volume of traffic.
Planning Dept.
Exhibit 6
Mr. Zendo Kern, Director HWY-PL 2.1213
April 10, 2023
Page 2
We understand that the applicant has been approved by the planning commissioner for multiple time
extension requests from 2005 to the present.
The HDOT has the following comments:
1. We do not have any objections to the applicant's request for another 5-year extension.
However,given that the prior analysis on visitor counts and required conditions were
based on a 2005 TIAR by Philip Rowell and Associates;we find that the traffic study will
be over 23 years old by the year 2028 and may no longer be applicable to the current
traffic conditions.
2. We recommend that a new TIAR be submitted and accepted by the county and the
HDOT prior to any building permits at the end of the 5-year time extension. This would
help ensure an accurate assessment on the latest traffic condition data,recommendations
and conclusions by the study.
a. The Hawaii Belt Road is a principal arterial with a 55-mph posted speed limit in the
vicinity of the proposed visitor center. The traffic study should include an evaluation
of intersection improvements such as ingress/egress to and from Route 19 and
acceleration/deceleration lanes at Leopolino Road and Hawaii Belt Road.
b. If there are traffic impacts attributed to the project,the applicant is required to
provide mitigated traffic improvements at no cost to the state.
3. We recommend that a revised Development Plan reflecting changes and progress be
included with a schedule for the completion of the project.
4. We would appreciate a copy of the upcoming Planning Commission's Decision and
Order that may reflect revised conditions to this project for our records.
If you have any questions,please contact Jeyan Thirugnanam, Systems Planning Engineer,Highways
Planning Branch at(808) 587-6336 or by email at jeyan.thirugnanam(a hawaii.gov. Please reference file
review number PL 2023-008.
Sincerely,
EDWIN H. SNIFFEN
Director of Transportation
DeVera, Ashley
From: realderson@aol.com
Sent: Thursday, April 20, 2023 11:06 AM
To: YLY@YehandKim.com; WPCtestimony
Subject: Windward Planning Commission (HI County) hearing, May 4, 2023, 9:OOam,
Application (PL-SPP-2023-000033)
Mr. Yeh,
County of Hawaii Commissioners,
Regarding the Windward Planning Commission hearing scheduled for May 4, 2023, Agenda Item number 2;
APPLICANT: BWA LLC DBA BOTANICAL WORLD ADVENTURES (PL-SPP-2023-000033)
Application for amendment to Condition No. 2 of Special Permit No. 04-005 (TMK 3-1-001:015(por.)):
As a neighbor with property adjoining the subject property, we support approval of the proposed
Application, referenced above.
Richard Alderson
PO Box 166
Hakalau, HI 96710
realderson@aol.com
808 987-1874
Planning Depr.
Exhibit 7 1