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

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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