PD Background Report BWA LLC (PL-SPP-2023-033)

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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