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

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Botanical Gardens Inc. 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). The applicant seeks an additional 5-year extension of time to comply with Condition No. 2 due to: • Simultaneous hurricane events and the Puna lava flow; and • The Covid-19 pandemic which suppressed the visitor market. Granting of the time extension request 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. As stated in the original permit, the existing use and current request for an extension of time will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, and police and fire protection. The Department of Water Supply has previously commented that County water is not available to the subject property. 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 applicant will need to comply with Department of Health safe drinking water standards if more than 20 people are being served on the property. At the time of the 2015 amendment, 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. More recently, by letter dated April 10, 2023, DOT states that while they have no objections to the applicant's current request for a 5-year time extension,prior analysis on visitor counts and required 2