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HomeMy WebLinkAbout2023-05-04 Windward Exh B (Item 2 BWA LLC PL-SPP-2023-000033) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT MAY 4, 2023 A regularly advertised hearing on the application of BWA LLC DBA BOTANICAL WORLD ADVENTURES (PL-SPP-2023-000033)was heard at 9:30 a.m. in the County of Hawaii Council Chambers in Hilo, 25 Aupuni Street, Hilo, Hawaii with Chair Dennis Lin presiding. COMMISSIONERS PRESENT: Dennis Lin, John Cross, Louis Daniele III, Wayne De Luz, and Chantel Perrin. ABSENT AND EXCUSED: Lauren Balog. ALSO PRESENT: Sinclair Salas-Ferguson Esq. (Counsel to the Commission), Suzanna Tiapula Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Jessica Andrews (Planner), Alex Roy (Planner), Christian Kay (Planner), Janice Hata(Zoom Host), Maija Jackson Planning Program Manager), and Melissa Dacayanan-Salvador (Commission Secretary). And five members from the public are in attendance. APPLICANT: PUNALEI MAKAI TRUST (PL-SMA-2023-00026) Application for a Special Management Area(SMA) Use Permit to demolish an existing dwelling and construct a new single-family dwelling, a first farm dwelling and related improvements on 9.51 acres of land situated in the Special Management Area. The subject parcel is located at 36- 2676 Old Mamalahoa Highway, approximately 1,000 feet south of Stevens Road/Hawai`i Belt Road intersection on the east(makai) side of the highway, Waipunalei Homesteads and Portion of Kahoahuna Homesteads, North Hilo, Hawaii, TMK: (3) 3-6-005:002. Secretary's Note: [indecipherable] indicates that there were technical and/or internet difficulties, which made the conversation inaudible. LIN: We'll now move on to agenda Item No. 2. Applicant is BWA LLC doing business as Botanical World Adventures, application number PL-SPP-2023-000033. Application for an amendment to Condition No. 2 of the Special Permit No. 04-005 for a 5-year time extension to complete construction. Special Permit No. 04-005 was approved in 2004 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 Old Mamalahoa Highway, Kamae`e, North Hilo, Hawaii, TMK: (3) 3-1-001 parcel number 15 a portion of. At this time,just want to check is there any testifiers? JACKSON: No, Chair. LIN: Okay, anybody on Zoom? 1 EXHIBIT B HATA: There are no testifiers on Zoom. LIN: Okay, thank you. We'll move on to staff presentation then. Jessica? ANDREWS: Thank you Chair. Give me a second here and I'll get the presentation loaded up. Okay,just want to confirm on Zoom. Janice, can you see the presentation? HATA: Yes, I can see it. ANDREWS: Great. HATA: Thank you. ANDREWS: Thank you. So, as previously stated, this is an amendment to a Special Permit application for Botanical World Adventures. The subject property is outlined here in red. It's located just mauka of Highway 19 just to the north of Hakalau on the Hamakua Coast. The applicant's request, excuse me, so Special Permit No. 04-005 was originally approved on June 5, 2004, to allow construction of a visitor's center, parking lot and related improvements on approximately 3.53 acres of land and presently the applicant is requesting a 5-year time extension to comply with Condition No. 2 which is the time to complete construction. This is the County zoning map, and you see that the subject property outlined in red is zoned Ag-20 so Agricultural 20-acres as is most of the property around. Most of the properties around the subject property to the south around Hakalau there's some Single-Family Residential and some Industrial zoning. There's a small portion of CV-10 and there is some Ag-10 acre but,predominately this area is Agricultural zoning. The State Land Use is Agricultural with the exception of the Hakalau area which is a little unique in that it's Urban. The General Plan designates this property as Important Agricultural Lands. There is some Open designation along the shoreline which touches kind of the upper north makai corner of the property there, but the permit area is as is most of the subject property is Important Agricultural Lands. There is some Conservation land a good distance to the south of the property and then again Hakalau has some unique Low Density Urban and even Industrial designation there. So this applicant site plan here shows the layout of the entire property with this portion in the lower right of your slide showing the permit area. Where the applicant currently has this labyrinth maze where visitors come and then the existing parking is here just off of Old Mamalahoa Highway. And the proposal for the eventual visitor center will be that the applicants or that the users, guests access the property down this driveway off of Leopolino. So, that would be the eventual driveway and then that the visitor center will be constructed to be a more permanent structure. Here you see the aerial photograph showing you the development of the permit area which again is in this kind of lower mauka portion of the property and Leopolino Road is the access road off of the highway. These are some views of the highway access. So, at Highway 19 at the intersection with Leopolino Road, you're looking in the northbound direction on the left and looking in the southbound direction on the right there. This is the view of the Leopolino Road looking on the 2 EXHIBIT B makai direction on the left and mauka direction on the right and you see on the right-hand slide there that's the access point, the proposed visitor's center will be accessed from for guests of the property. With that the Planning Director's recommendation is approval with amended conditions and I'll close this slide and stop screen sharing now. LIN: Thank you Jessica. Commissioners any questions for staff on the presentation? Okay, seeing none. We'll move on to the applicant's presentation. So, will the applicant or their representative please come forward. [Two males from the audience came up to the tester table] LIN: I'll first have to swear you in. So, if you'll please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? [Two males at the testifier table] I do. LIN: Okay, before speaking please speak directly into the microphone, state your name, the area you reside in and whom you represent or who you are. Thank you. ROBINSON: I'm Mark Robinson, I'm the Managing Member of BWA LLC and I reside in both Nine Mile Falls, Washington and Hakalau across from the street from the gardens. LIN: Thank you. KIM: Good morning, Chairperson, and members of the Commission. My name is Ronald Kim and I'm with the Law Offices of Yeh and Kim and we're representing BWA LLC in this matter. LIN: Okay, thank you. Have you received the background and recommendation reports from the Planning Department, and do you agree with the recommendations including the proposed conditions? KIM: We did receive the report and recommendations. There was just one adjustment we had asked to make on a revised condition and that had to do with the TIAR. Our office did send a letter to the Commission which I believe was received. We asked to amend the language just to be more clear that the TIAR is evaluating potential improvements that the improvements are not necessarily a given. That we got to evaluate the impact of the traffic and we have to have reasonable or suitable measures to mitigate that impact. LIN: Thank you. Did you want to do a formal presentation or anything Mr. Kim? KIM: No, I don't think we're going to present a formal presentation. I think the Planning Department did a really good job with the background report and recommendations. They captured really what the ask is here that we're asking for more time to complete construction of the improvements. As far as the business goes it has been operational for some time on the property and 3 EXHIBIT B the activities which the business is conducting are permitted on agricultural property because it's outdoor recreation and a botanical garden. LIN: Okay, thank you. Director Kern, did you have any comments regarding Mr. Kim's proposed condition? KERN: Thank you Chair. No, I'm fine with if you folks decide to amend the condition. It still gets to the same result, same effect. It's just language that they're more comfortable with, so, no problems. Thanks. LIN: Okay. Any questions Commissioners? I just had a one quick question. That one slide that showed Leopolino Road and the entrance into the property and where you're proposing to put the visitor center. Is that the same area where the parking lot is going to be? ROBINSON: Yes. It's at the end of that— LIN: At the end — ROBINSON: — driveway LIN: — of the road. ROBINSON: Yeah. LIN: Oh, okay, okay. ROBINSON: That's where we've actually made no changes to that original plan and location — LIN: Okay. ROBINSON: — since the original proposal. LIN: Okay. ROBINSON: The only difference really in the original proposal to now is we added a zip line and we've really reduced the number of people coming in and the number of cars that are coming into the area. Because most of the people come in groups of four or five in a car and rather than the smaller groups that would have been coming into the garden that was anticipated previously so. LIN: Okay. Great. I have no further questions. So, I'll entertain a motion. DANIELE: I move that the application to amend Special Permit No. 04-005, Docket No. 2023-000033, be approved based on the Planning Director's recommendation, which shall be adopted, and this also includes the proposed amendment by the applicant via the letter. 4 EXHIBIT B LIN: Okay, thank you. Motion made by Vice Chair Daniele. PERRIN: I second. LIN: Second by Commissioner Perrin. Is there any further discussion? If not, roll call vote please. ANDREWS: Sorry, some technical issues there. Okay, so, this is a motion to approve with the amendments as proposed by the applicant. Commissioner Daniele? DANIELE: Aye. ANDREWS: Commissioner Perrin? PERRIN: Aye. ANDREWS: Commissioner Cross? CROSS: Aye. ANDREWS: Commissioner De Luz? DE LUZ: Aye. ANDREWS: And Chair Lin? LIN: Aye. ANDREWS: Okay, the motion passes with five votes. LIN: Thank you and you'll be notified of the Planning Commission's decision in writing. KIM: Thanks very much. ROBINSON: Thank you. LIN: Thank you. The item ended at 9:44 a.m. 5 EXHIBIT B Respectfully submitted, Melissa Dacayanan-Salvador, Secretary Windward Planning Commission 6 EXHIBIT B