SEE YOU THERE! Arrive early and ask to sign in on the 'move up' list!
Look for folks in the blue Save Manoa Valley t-shirts & get your ribbon to show your support of Save Manoa Valley!
Look for folks in the blue Save Manoa Valley t-shirts & get your ribbon to show your support of Save Manoa Valley!
9:00am Friday, May 27, 2016
DLNR Board Room 132
First floor of the Kalanimoku Building
1151 Punchbowl St., Honolulu
If you can't make it this morning - late testimony may be accepted for the record though not received by the Board before the meeting. Send in your testimony to firstname.lastname@example.org
If you can't make it this morning - late testimony may be accepted for the record though not received by the Board before the meeting. Send in your testimony to email@example.com
Agenda & Request (Item K-1) available at:
K. OFFICE OF CONSERVATION AND COASTAL LANDS
1. Time Extension Request for the Modification to Conservation District Use Permit (CDUP) OA-30 for Paradise Park by Paradise Park Inc. Located at 3737 Mānoa Road, Mānoa, O‘ahu, Tax Map Key: (1) 2-9-054:018
And Request Approval of Declaration of Exemption to Chapter 343, Hawaii Revised Statutes, Environmental Compliance Requirements for the Paradise Park Modification.
K. OFFICE OF CONSERVATION AND COASTAL LANDS
1. Time Extension Request for the Modification to Conservation District Use Permit (CDUP) OA-30 for Paradise Park by Paradise Park Inc. Located at 3737 Mānoa Road, Mānoa, O‘ahu, Tax Map Key: (1) 2-9-054:018
And Request Approval of Declaration of Exemption to Chapter 343, Hawaii Revised Statutes, Environmental Compliance Requirements for the Paradise Park Modification.
Paradise Park is seeking a time extension to implement its plans to reopen the Park. The Board of Land and Natural Resources will be hearing the Park’s request at its meeting on Friday, May 27.
How did we get here?
On October 24, 2014, the Board of Land and Natural Resources (the Board) approved Paradise Park’s request to make changes to its exhibits in two phases and to re-open under a Hawaiian Cultural Theme. The Park failed to take action within the one-year time period, and the approval for the modifications expired. The Park then submitted an application for a time extension, claiming that their attorneys did not inform them of the one-year time limit.
What’s at stake?
If BLNR approves the time extension and environmental assessment exemption, Paradise Park can move forward with its plans to revamp the park and reopen, bringing in 430,000 visitors annually with up to 24 tour buses daily.
If BLNR denies the time extension or environmental assessment exemption, Paradise Park has to re-file for the modification in order to move forward. They still keep their original permit for a botanical and zoological garden, but have to get approval again and complete an environmental assessment in order to rebrand and renovate the structures and landscape.
What are we asking for?
SMV wants the Board to deny the request or, as an alternative, to require preparation of an Environmental Assessment to aid in the decision making about the extension request.
HOW CAN YOU HELP?
- Submit written testimony (see talking points below)
- Come to the meeting and bring a friend
- SPREAD THE WORD!
DONATE TO THE EFFORT:
Donations go to printing signs, handouts, spreading the word and community organizing efforts.
Save Manoa Valley is a hui of concerned citizens, funded from our own pockets. Thanks for your kokua!
POINTS FOR TESTIMONY (will be handed out at the hearing ):
PARADISE PARK: NO EA? NO EXTENSION, NO EXEMPTION.
More info: www.savemanoavalley.info
· The Board is considering exempting Paradise Park from doing an environmental assessment and extending the time for Paradise Park to begin activities to reopen under a modification to its 1966 Conservation District Use Permit.
o Paradise Park got the green light on October 24, 2014 to move forward with re-opening, but failed to comply with a standard permit condition requiring it to begin within one year and to submit more detailed plans to the Board. Park owners claim their attorneys didn’t inform them of this standard requirement.
o The standard for granting a time extension is “undue hardship or delay” that is not “self-imposed.”
WHAT TO DO?
· First, introduce yourself. Tell your own story of how the Park reopening impacts or concerns you. Speak truth with kindness. Avoid personal attacks.
SOME TALKING POINTS
- · No public hearings have been held on re-opening, yet this affects Manoa residents immensely through sound pollution, increased traffic, and potential impacts to property values.
- · Without an environmental assessment, it is impossible to accurately know and avoid the worst impacts of bringing an additional 430,000 people onto conservation lands.
- · Adding 24 tour buses daily to Manoa Road is a safety hazard.
- · Endangered and threatened species like the Hawaiian Damselfly, Hawaiian Duck and ʻalae ʻula have been sighted but no plans are in place to protect them.
- · The Valley has changed dramatically since the Park was permitted back in 1966.
- · Re-opening after 20 years will take much more then simple interior developments and minor landscaping. It should not be exempt from preparing an environmental assessment.
- · The Board should require the Park to reapply for a modification to its permit in order to re-open and require an environmental assessment and public hearings as part of the process.
EXAMPLE OF TESTIMONY DRAFTED & SUBMITTED BY A SAVE MANOA VALLEY MEMBER: (you may personalize, copy, paste, edit and use as you see fit for your own testimony)
To: Suzanne Case, Board of Land and Natural Resources Chair & BLNR Members
I am testifying as a long-time Manoa resident concerned about the impact of Paradise Park’s proposed modifications, which was approved October 24, 2014. I understand that Paradise Park received its Conservation District Use Permit in 1966, and that subsequently it was allowed to have 430,000 annual visitors and 24 tour buses per day.
My major concerns include the lack of opportunities for community input on this and past modifications to the original CDUP permit for Paradise Park, and the absence of an assessment on the likely impacts on the environment and community. I would like to request that the Board deny a time extension for the October 2014 approval, and also deny the request for an exemption from having to conduct an environmental assessment.
Many Manoa Valley residents and I rely on the Manoa Neighborhood Board to represent our interests regarding projects proposed in our valley. However, no notice was received by our Manoa Board for the October 24, 2014 BLNR meeting at which the Paradise Park’s proposed modifications was heard and approved. We have yet to find any Manoa resident who knew about that hearing, and thus, no community input was submitted nor possible.
From the the Park’s original 1966 CDUP approval by the Land Board, to the recent modifications approval in October 2014, Manoa residents have not had an opportunity to voice their concerns. The Land Board considered and approved the 1966 CDUP at a meeting on Kauai. At the only hearing held in 1995 when Paradise Park wanted to sublease their facilities for office and retail uses, BLNR denied the permit.
Over the past twenty years, DLNR has determined several times that CDUP OA-30 modifications required Land Board approval, rather than just DLNR director. In each instance, Paradise Park did not proceed and apply to the Board, which would have allowed affected Manoa residents to submit public testimony.
Because Manoa Valley, and area surrounding Paradise Park, has changed significantly since 1966, I believe an environmental assessment is needed to determine the likely impacts of the Park’s CDUP modifications. The impacts include traffic safety and congestion, excessive noise in residential area, and endangered species spotted in the area.
When the Land Board approved up to 430,000 annual visitors and 24 daily tour buses to Paradise Park, I believe those actions should have triggered an environmental assessment. The visitor count is in addition to Manoa Falls hikers and Lyon Arboretum visitors. Also, because of a dispute over ownership of the narrow stretch of Manoa Road leading to Paradise Park, the City stopped maintaining the road many years ago. This stretch of road does not meet City standards, and is too narrow for safe passage by buses, emergency vehicles, automobiles and pedestrians.
For the reasons above, I oppose and cannot support a time extension for the October 2014 BLNR approval of Paradise Park’s modifications. I also support conducting an environmental assessment for the modifications, and thus, oppose approval of the request for EA exemption.
SOME MORE TALKING POINTS:
- Paradise Park obtained a conservation district use permit for a 42-acre commercial botanical and zoological garden in 1966, well before the era of environmental assessments. While the buildings have already been built, the Park has been largely dormant for nearly 20 years. Bringing in 430,000 people annually, landscaping, cutting down trees, expanding parking lots, inserting new outdoor lighting and sound systems – all will have an impact on the environment and the community. None of these impacts were assessed prior to issuing the modification in October 2014. The community and the environment were spared the potential harm only by the lapse of the permit. The Board, now with more information before it, should take these concerns into account and deny Paradise Park’s request for a time extension. The Park should have to reapply for a modification in order to re-open, and be required to produce an environmental assessment as part of the process.
- The modification that the Board approved in October 2014 was not valid for a number of reasons including failing to include community input, not including the right land owner on the modification itself, and because the passage of time since the park was last open makes the modification a new or greater land use triggering the need for a whole new Conservation District Use Permit. The Board should not grant a time extension on something that was flawed to begin with.
- Even if the modification was valid, Paradise Park should not be granted a time extension because their delay was self-imposed. Their attorneys allegedly failed to forward them the BLNR approval letter The Park owners, however, had constructive notice from the BLNR meeting itself and actual notice well within the time frame for beginning construction in order for the permit not to lapse. The requirement to begin construction on permits is a standard condition on all conservation district use permits. Nothing was hidden from the Paradise Park owners. The public should not bear the costs the Park’s attorney’s malpractice.
CURRENT MEDIA COVERAGE:
Star Advertiser "Opposition Grows against Paradise Parks redevelopment" http://www.staradvertiser.com/business/opposition-grows-against-paradise-parks-redevelopment/
CORRECTION TO ARTICLE - 1641 signatures were presented to DLNR. 750 is the number of online signatures. The others were presented in hardcopy to Sam Lemmo, head of OCCL.
Opposition grows against Paradise Park’s redevelopment
By Andrew Gomes
May 25, 2016
Opponents of a planned tourist attraction with commercial hula shows and luau buffets amid gardens deep in Manoa Valley have a new opportunity to contest the project following a lapsed permit for the work.
The owner of the former exotic-bird park known as Paradise Park obtained state approval in October 2014 to create a new $15 million attraction dubbed Paradise Park Presents the Hawaiian Cultural Center in Manoa Valley. The permit expired in October.
A board overseeing the state Department of Land and Natural Resources has scheduled a hearing for Friday to decide whether the conservation district use permit should be extended until October.
The plans include nine gardens with indigenous and nonindigenous plants, Native Hawaiian cultural displays, a descriptive history of Manoa Valley with a replica summer home of Queen Kaahumanu, a hula museum, hula shows and possibly a luau.
Paradise Park plan hearing
>> When: Friday, 9 a.m.
>> Where: 1151 Punchbowl St. (Kalanimoku Building), Room 132
Property owner Paradise Park Inc. sought DLNR permission for the plan in 2014 by asking the agency to approve changes to its conservation district permit that dates to 1966 and allows the company to operate a botanical and zoological garden for recreational purposes.
The original garden, which included aviaries and a 300-seat covered amphitheater, was opened in 1968 by local developer James W.Y. Wong. It closed in 1994, though a few pieces such as the Treetops Restaurant and a gift shop continued operating. Wong’s son, Darryl, is spearheading the redevelopment plan with assistance from his father.
DLNR administratively approved the requested change in October 2014 after concluding that the proposed new uses weren’t a different or greater land use than allowed. The decision endorsed by the agency’s board applied to two initial phases but not a third phase which includes an outdoor luau venue and a possible parking lot expansion.
The agency’s action was criticized by some Manoa residents concerned about noise and traffic. The area neighborhood board voted 14-0 in early 2015, urging DLNR to reconsider its decision because it contended it was made without community input.
Neighborhood board members argued that its two community meetings involving the park plan were not well publicized or attended, and that a presentation park representatives made to the board didn’t include much detail.
“Once residents became aware of the redevelopment, a large outpouring of community concerns became evident,” the board’s resolution said.
DLNR responded in a letter saying the neighborhood board expressed support for reopening Paradise Park as a garden celebrating hula in 2011 and provided no feedback on comments it received from the agency about Paradise Park’s plans in 2010, 2013 and 2014.
Much of the community concern involves the park’s goal to attract close to 400,000 tourists annually.
Under rules imposed by DLNR in 1990 and 1993, the park’s annual visitor capacity was limited to 430,000, and operating hours were restricted to between 8 a.m. and 10 p.m. There also is a limit of 24 tour buses visiting the site daily.
Darryl Wong previously said the company strives to be a good neighbor and will urge tour operators to use vehicles seating no more than 24 passengers.
The younger Wong anticipated in late 2014 that an initial phase with a “hula garden” displaying flora important to Native Hawaiians for hula, an imu and restored pond once used for duck shows would be done by the end of last year. But work didn’t progress as planned, and the permit expired in October.
In November, Paradise Park submitted landscaping plans to DLNR but was told that the permit had expired a month before and that the company could seek an extension from the agency that would be considered by its board.
Local attorney Derwin Hayashi said in a letter to DLNR that prior legal counsel representing Paradise Park never let the company know that work under the amended permit had to be done within a year.
DLNR’s board will consider the extension request, which the agency’s staff recommends granting, though now there is considerably more opposition.
Opponents of the plan established a Save Manoa Valley website and a Facebook page and are soliciting donations to help pay for signs, handouts and organizing efforts.
The Facebook page urges residents to make their voices heard at Friday’s meeting.
“If you live in Manoa Valley or in Hawaii for that matter imagine this for a moment,” a post on the page says. “A commercial operation — Paradise Park — using a permit granted 50 years ago, presenting a revised three-phase plan to build a development on conservation land, adjacent to a stream, and located in the back of one of the most pristine valleys on our island? Included in that 50-year-old permit are allowances for an increase of 500,000 cars a year and countless buses all traveling freely up a road that narrows to a single lane. … All of this without being required to obtain an EIS — Environmental Impact Statement — and local residents never being granted the opportunity to give input to the (DLNR) board that granted the permit. After 50 years, and only due to the permit lapsing, are the citizens of Hawaii finally going to be given an opportunity for their voices to be heard. Let’s make this count people.”
DLNR also said it received a petition in September from the Outdoor Circle with about 750 signatures wanting Paradise Park to produce an EIS.
Suzanne Case, DLNR’s director and chairwoman of the agency’s board, said in a written notice earlier this month that the Paradise Park project is exempt from an EIS because the scope of the plan is limited to re-landscaping and reusing existing facilities with negligible or no expansion or change of prior use.
LINKS TO PAST MEDIA:
manoa-neighborhood-board-to- hear-testimony-about- renovating-paradise-park-2/
PARADISE PARK CDUP OA-30:
CHRONOLOGY OF EVENTS AND ADMINISTRATIVE ACTIONS
Information gathered from the administrative record
on file at Office of Conservation and Coastal Lands
LIST OF ACRONYMS
AG Hawaii State Attorney General
BLNR State of Hawaii Board of Land and Natural Resources
BWS Board of Water Supply
CDUA Conservation District Use Application
CDUP Conservation District Use Permit
DLNR State of Hawaii Department of Land and Natural Resources
EIS Environmental Impact Statement
OCCL State of Hawaii Department of Land and Natural Resources Office of Conservation and Coastal Lands
UH University of Hawaii
2/17/66 International Pacific Investment submits application for CDUA to BLNR
2/21/66 DLNR receives application from James Wong, President of Paradise Park, for Recreational use of land within the Conservation District.
2/21/66 Notice of acceptance letter from DLNR to International Pacific Investment to process CDUA No. OA-30.
3/09/66 – Memo from M.F. Landgraf, State Forester to Jim P. Ferry, Chair, BLNR comments regarding CDUA OA-66/2/21-30, stating that the State had attempted to purchase the particular parcel on several occasions. Exorbitant price prohibited the State from purchasing the land. Did not object to this type of low-density development within the Conservation District, but would have liked it to be owned by the State.
3/11/66 Letter from UH to BLNR commenting on the proposal of International Pacific Investments to construct a restaurant, snack bar, gift shop, zoological and botanical garden, on property owned by the Roman Catholic Church adjacent to the Lyon Arboretum. UH expressed concerns about introduction of animals and plants that may impact the arboretum as well as traffic and increased number of people in the area.
3/11/66 The BLNR unanimously approves CDUA OA-30, subject to the Chair effecting an agreement with the proposed developer and the BWS for protection potable water. (Minutes of the Board of Land and Natural Resources March 11, 1966 10:00am, Chair Jim Ferry, Item H-2 - note that it says “ADDED”; Board unanimously approved the application subject to the Chair effecting an agreement with the proposed developer and the Board of Water Supply for the protection of their potable water.)
3/16/66 DLNR to James Wong, Paradise Park approving CDUA OA-30 subject to Paragraph C and Paragraph F of Section 2, Regulation No. 4.
4/1/66 DLNR receives two carbon copies of a letter from Manoa Valley Community Association to BWS and to UH (same letter) expressing the community’s concerns, including the following: introduction of commercial use in the Conservation District, traffic impacts, impacts on University’s arboretum, disturbing/polluting of Manoa watershed, commercial viability of proposed development, opening the way for additional commercial use in the Conservation District.
7/22/66 to 1/23/67 DLNR approves several building plans including: Parrot Quarantine Building, Maintenance Building, Bird Cage Details, Waterline Easement “A” plans, and CDUA file has note saying DLNR approved plans for expansion of Manoa Road.
3/10/67 Paradise Park letter to Jim Ferry, Chair, BLNR regarding operation of cocktail lounge and requesting written approval for operation of cocktail lounge be sent by DLNR to the Liqour Commission
3/17/67 DLNR to Liquor Commission: no objections to cocktail lounge. “The (BLNR), in approving the land use plan of Paradise Park, considered all elements which relate to the basic botanical and zoological uses including such ancillary uses as curio and gift shops, restaurant and cocktail lounge, etc...”
3/20/67 Letter from Rep. George Noguchi to DLNR expressing concerns that DLNR, in approving Paradise Park, may be in violation of the state law for taking such action without holding a public hearing.
4/10/67 AG letter to Rep. Noguchi: “...(G)ranting of the approval to institute the permitted use... without the holding of a public hearing…was a valid and proper exercise of the Board’s zoning authority...”
8/8/67 Manoa Valley Community Ass’n to DLNR expressing their concerns re: incompatibility of Paradise Park with adjoining residential area from the standpoint of added traffic and noise.
8/31/67 DLNR approves plans for incinerator.
9/20/67 DLNR’s response to Manoa Valley Community Ass’n.
1969 Provision of Section 183-41 HRS, which requires a public hearing on applications for use of a commercial nature within the Conservation District was enacted under Act 264, Session Laws of Hawaii 1969.
12/8/71 DLNR to Sen. Eureka Forbes: “. . .no action can be taken (on additional development) by (DLNR) without first holding a public hearing as required by law...”
8/19/77 G. Lum, architect, Paradise Park, to DLNR: Proposed construction to implement master plan, including: increase number of parking stalls, construct Luau house, covered shelter over trails, increase radius of roadway, and relocate existing residences.
11/14/77 DLNR to Lum, architect, Paradise Park, regarding park improvements: “Such a device (a master plan) is primarily used as a guide for the orderly implementation of ideas, focused on a central scheme, subject to modification from sociological, environmental, and economical factors, representing general, rather than, specific arrangements and dimensional details of structures and/or activities. Your expressed intent to increase parking facilities, cover walkways, construct minor road improvements, relocate existing dwellings and build a “Luau House” appears to be in conformance with Land Board approval granted on March 11, 1966, subject to Section 2C and 2F of Departmental Regulation No. 4.”
11/29/77 DLNR to AG re: applicability of public hearing requirements related to improvements listed in Lum’s letter
11/29/77 AG to DLNR: re: applicability o public hearing requirements. Public hearing not required if improvements proposed for Paradise Park are in conformance with the Conceptual Master Plan of 1966. Public hearing requirements for commercial use was enacted in 1969, after the conceptual Master Plan was adopted on March 11, 1966.
12/7/77 DLNR to Lum, architect, Paradise Park : no public hearing required. All final construction drawings shall be submitted for the review and approval of the Chair before construction can begin.
1978 Regulation No. 4 revised: deletion of Restricted Watershed and General Use subzones, and the establishment of Protected, Limited, Resource, and General subzones. As of 2015, Paradise Park is located in the Resource subzone with the objective to develop, with proper management, areas to ensure sustained use of the natural resources of those areas.
6/21/83 DLNR to Lum, architect, Paradise Park: “Master Plan—First Increment, Botanical and Zoological Garden” constitutes the approved Master Plan.
4/16/84 DLNR to J. Wong: We will accept current proposal (of Halau) since it will fully utilize the remaining unbuilt area approved in the conceptual master plan. “...(a)ny proposal to construct additional structures, including presently unbuilt master plan structures other than the Halau, will require a new (CDUA).”
9/30/86 DLNR to Lum, architect, Paradise Park: Revised floor plan of Luau Pavilion is approved.
12/1/89 Building plan and permit submitted to DLNR for interior renovation of Main Building.
12/28/89 DLNR signs plans for interior renovation of Main Building. (No comments or objections received from other divisions).
1/4/90 Manoa Neighborhood Board to DLNR: expressing concerns “over proposed land use changes and building renovation.”
1/9/90 Governor’s Referral attaching a copy of Manoa Neighborhood Board’s letter—“Submit copy of response.”
1/9/90 Letter Sen. Kobayashi and Rep. Taniguchi to DLNR expressing their objection to the “proposed location of the Dinamation Imaginarium at Paradise Park.”
1/15/90 J. Wong to DLNR letter to address and correct some inaccuracies and (omissions) in Manoa Valley Neighborhood’s letter including: “museum.. is an approved and already constructed building.. . (t)he original permit contemplates a recreational botanical and zoological park... (w)hether the focal point of exhibits are animated birds or animated prehistoric creatures such as dinosaurs is certainly not a significant change...”
1/19/90 DLNR responds to Manoa Neighborhood Board’s Jan. 4, 1990 letter: “The proposed renovation plans to the Main Building at Paradise Park are interior only and are in conformance with the Conceptual Master Plan approved by the Board... (a)s such, a new (CDUA) or public hearing is not required.”
1/19/90 J. Tsugawa, architect, Paradise Park to DLNR describing proposed renovation: “Footprint” remains the same. The only exterior addition is the new exterior stair at the bottom ramp to grade to provide exit requirements.”
2/1/90 DLNR to Sen. Kobayashi and Rep. Taniguchi responding to their 1/9/90 letter by enclosing DLNR’s 1/19/90 letter to Manoa Neighborhood Board.
4/11/90 DLNR to Sen. Isbell re: why the property at Paradise Park was not included in the Restricted Watershed subzone, which eventually became the Protected Subzone. “The City and County. . . (BWS) reviewed the matter and found that the parcel did not meet their requirements for restricted watershed.”
4/17/90 DLNR to Sen. Kobayashi: enclosing original copy of 1966 Master Plan approved by the Board to be returned to our office upon completion of review.
4/26/90 T. Woo, Clerk of the Senate, to DLNR copy of Senate Resolution No. 227: “. . .requesting the (DLNR) and (AG) to investigate and determine the appropriateness of proposed major renovations at Paradise Park.. .“
6/7/90 G. Miyoshi, Clerk, House of Representatives, to DLNR, a copy of House Resolution No. 271: “. . .requesting the (DLNR) and (AG) to investigate and determine the appropriateness of proposed major renovations at Paradise Park. ..“
08/22/90 OCCL, DLNR to William Paty, Chair, DLNR Re: Paradise Park Public Information Meeting (Senate Resolution No. 227 and House Resolution 271) setting time and date of meeting and requesting authorization for meeting; and authorization to prepare and forward the hearing notice to the applicant; includes as Exhibit A Paradise Park Presentation Outline (prepared by Paradise Park) and a Draft agenda and script
08/23/90 DLNR to Mr. James W.Y. Wong, Paradise Park RE: Senate Resolution No. 227 and House Resolution 271 to Conduct a Public Informational Meeting to Review the Proposed Renovation Project at Paradise Park, stating the time and place of meeting, requesting information and confirmation from Paradise Park
09/05/90 Warren Wong, Paradise Park to DLNR RE: Senate Resolution No. 227 and House Resolution 271 to Conduct a Public Informational Meeting to Review the Proposed Renovation Project at Paradise Park, stating that James W. Y. Wong is out of town and unable to respond to 08/23/90 letter until 09/10/90.
09/13/90 Paradise Park to William Paty Chair, BLNR Re: State of Hawaii, DLNR Letter dated August 23, 1990 – James Wong, President apologizes for the delay in providing BLNR with information on proposed dinosaur exhibit; attaches (but not included in file) several articles on Dinamation
09/14/90 Letter from DLNR to Senator Ann Kobayashi informing her, among unrelated subjects, about the scheduling of the public information meeting for Paradise Park
09/25/90 Paradise Park to William Paty, Chair, DLNR requesting approval for emergency tree trimming
09/27/90 Letter, Don Cann, General Manager Paradise Park, to Cathy Tilton, DLNR regarding willingness to hold site visit and “comply with request” and to meet prior to the Public Informational Meeting.
10/3/90 Manoa Neighborhood Board No. 7 Meeting announcing public information meeting to be held 10/24/90 and discussing the community concerns Motion to oppose the CDUA modification application for the Dinamation exhibit and that the opposition continue until a new CDUA is made passed;
10/4/90 Manoa Neighborhood Board No. 7 to William Paty, Chair, BLNR RE: Proposed Dinamation Exhibit at Paradise Park, File No. OA-30A, notifying BLNR of Board’s resolutions in opposition to the Dinamation exhibit at Paradise Park and concerns, and opposition to Paradise Park until a new CDUA is filed for the new Dinamation exhibit
10/8/90 Letter Representative Metcalf to William Paty Jr. Chair, BLNR acknowledging receipt of public notice for informational meeting on CDUP OA-30A.
10/15/90 Letter Outdoor Circle to William W. Paty Jr. Chairmen, BLNR expressing concern over excessive pruning of trees and expressing support for Manoa Neighborhood Board resolution calling for a new permit
10/19/90 Letter from Paradise Park to Senator Kobayashi expressing disapproval of the Senator’s characterization of the number of people who may visit Paradise Park
10/22/90 Letter from the Hawaii Nature Center to Dr. Kent Keith, President, Manoa Neighborhood Board, stating that Hawaii Nature Center Board had declined to be the beneficiary of the re-opening of Paradise Park
10/23/90 Pubic Information Meeting at Noelani School in Manoa
10/8/90 – Emergency Tree Trimming at Paradise Park - DLNR to Forestry & Wildlife & others, requesting a call to discuss emergency tree trimming
10/24/90 Public Information Meeting held at Noelani School Cafeteria on the Proposed Interior Renovations at Paradise Park
10/24/90 Site visit by DLNR staff to Paradise Park
10/25/90 William Paty Chair, BLNR to Warren Wong, Paradise Park – approval for emergency tree trimming
11/01/90 Letter from John C. McLaren to William A. Paty, Chair, BLNR; requesting the following information on Paradise Park: information on financial expenditures; revenue projections; transportation impact studies; visitor counts; environmental impact studies; Dinamation contract or contracts for proposed exhibit; evidence of financial support; financial statement from each of the officers of Paradise Park. McLaren states that such information is vital for general public and BLNR to adequately assess the proposal.
11/07/90 Copy of Manoa Neighborhood Board No. 7 Minutes of Regular Meeting – Board Member McLaren raised issues about narrow section of Manoa Road leading to Paradise Park being owned by Bishop Estate; that some residents have considered legal action; noticed that the DLNR decided not to require a new CDUA from Paradise Park and that the Board would be meeting again in December and may issue a decision; 450 letters in opposition to project delivered to DLNR, General Manager of Paradise Park (Donn Cann) stated Paradise Park was meeting with officials to address concerns.
11/21/90 William Paty, Chair, BLNR to John Mclaren Re: Senate Resolution 227 and House Resolution 271: Proposed Renovations at Paradise Park; acknowledging McLaren’s 11/01/93 letter and request for information; states that the information is not relevant to the review to meet the objectives of the House and Senate Resolutions
12/7/90 Minutes of the BLNR December 7, 1990 meeting; Item H-11; Findings And Recommendations On The Proposed Interior Renovation At Paradise Pare: Senate Resolution 222 And House Of Representatives Resolution 271; Factual finding for the Board to determine if the Dinosaur exhibit is a zoological use consistent with the existing CDUP, the Board finds that it is consistent with the CDUP, but sets a cap on the number of tour buses to average of 6 per day and caps annual visitors to 430,000 per year and imposes a 10:00pm closing time, and requires an annual report to be filed.
12/07/90 Letter from Keith Ahue, Chair, BLNR to Paradise Park Re: Legislative Hearing on 227 SD1 and House of Representatives Resolution No 271 HDI Findings and Recommendations on the Proposed Interior Renovations of the Main Building at Paradise Park, Manoa Valley, Oahu requiring that changes at Paradise Park be vetted by BLNR (subsequently amended by 3/24/93 BLNR letter); acknowledgement that the characteristics of Manoa Valley have changed and progressed over time since the inception of Paradise Park and that there have been no further opportunities for public input regarding the operation and function of Paradise Park since OA-30 was approved in 1966.
01/26/91 Re-opening of Paradise Park under Dinosaur Theme. Community protests opening (see 1/31/91 letter referencing protests).
01/31/91 Letter Paradise Park to Kent Keith, Manoa Neighborhood Board #7, giving an update on the re-opening of the Park and visitor counts, events at the Park and feelings on the protests from concerned community members. Desirous that they work as good neighbors.
02/14/91 Letter from Paradise Park to Willam M. Paty, Chair, BLNR, Attention Mr. Evans. Following up on December 7, 1990 requirements for tour bus count, proposal on how to count the buses and for reporting.
02/21/91 Letter from William Paty, Chair, BLNR to James W. Y. Wong, Paradise Park. Pursuant to Senate Concurrent Resolution 245, SD1, HD1, the BLNR and AG reviewed appropriateness and legality of the proposed interior renovation at Paradise Park. Board findings include that the dinosaur exhibit is a zoological exhibit; that it does not constitute a different or greater land use provided that a) the attraction does not exceed an annual visit count of 430,000 visitors per year; nor more than 6 large tour busses per day to the attraction; Park shuts down by 10:00pm nightly; submission of annual report. Also finding that the proposed project is in conformance with the approved Conservation District Use Permit OA-30 and its conceptual master plan approved by BLNR on March 11, 1966. That a new Conservation District Application or public hearing is not required; that failure to comply findings 2 (c) will result in a fine of $500.00 per violation and that any future change or alterations in the exhibits at Paradise Park be approved by the Board.
09/03/91 Letter from Paradise Park to William M. Paty, Chair, BLNR; Attention: Mr. Roger Evans – asking for confirmation that maximum of 6 buses a day average is an annual, not monthly average. States that Paradise Park has been reporting to DLNR on monthly counts of buses for the past year.
09/19/91 Letter from William Paty, Chair, BLNR to James W. Y. Wong, Paradise Park, Subject: Clarification on Condition 2b of Conservation District Use Permit OA-30A, clarifying that the 6 large tour buses per day limit is an average to be calculated on a monthly basis. “Should the monthly average exceed 6 large tour buses per day, then a new Conservation District Use Application and public hearing is required as this will be a greater land use pursuant to Chapter 183-41, Hawaii Revised Statutes.”
06/01/92 Letter Paradise Park to Cathy Tilton, DLNR regarding letter dated April 22, 1992 requesting more information based on DLNR’s visit to the property. Addressing installation of mazes and new exhibits, clarifying why Paradise Park did not seek approval from DLNR prior to installation
06/15/92 Letter Paradise Park to Cathy Tilton, DLNR requesting that condition 6 of the CDUP be changed and streamlined so that approval for alterations of signs and exhibits could be routed to the Chair for approval and brought to the Board for approval at his/her discretion.
08/18/92 Letter Paradise Park to William M. Paty, Chair, BLNR in reference to July 1, 1992 letter, Paradise Park provided annual report in compliance with Paragraph 2(d) of the BLNR decision of December 7, 1990. (1991 total of FIT’s was 98,516 and Schools 25,673; January – June 1992 had 44,553 FIT’s and 16556 from schools; large tour buses totals were 1,061 in 1991 and 610 for January – June 1992)
12/10/92 Letter Paradise Park to William M. Paty, Chair, BLNR citing the history of Paradise Park and its regulations, its financial struggles, the lack of “aloha” from the Manoa community, the imposition of the 1990 restrictions making it infeasible to continue business. Request to eliminate annual reporting, streamline of approval process, suggestion that tour bus limit be waived, annual visitor ceiling should be waived.
01/08/93 Memo Renton L. K. Nip from Foley Maehara Judge Nip & Change Attorneys at Law (attorney for Paradise Park) to BLNR regarding Paradise Park Annual Report, Future Plans, and Exhibits recommending that Board find Paradise Park in noncompliance with Condition 6 of the Board’s December 7, 1990 findings, but that it is inappropriate for a violation to be found and fines imposed. “The imposition of fines would simply worsen the financial condition of the applicant which is making a valiant effort to remain competitive in order to continue to provide jobs to ninety residents and educational benefit to Hawaii’s residents and visitors.” Rainbow Maze, Jumping Maze, Bubble Trays, Vanna upside-down face, Drawing Board, Maxi rollaway must be removed because of no tangible link to botany or zoology…. “The most immediate problem is the limit on tour busses. As is apparent from the visitor count figures, independent travelers are much less likely to attempt to find Paradise Park today than before. In order to stay viable, Paradise Park needs to increase its visitor count, and in attempting to do this may be required to allow more bus operators access to the Park. Even today, during the peak tourist season, Paradise Park comes very close to going over the six bus daily average. Finally, the visitor counts for the past 2 years make it very apparent that the addition of the animated dinosaurs did not produce the overcrowded “theme park” that critics predicted. Accordingly, it is inappropriate to mandate a maximum attendance count, particularly in the absence of such restriction for other like uses such as Sea Life Park or Waimea Falls Park.”
3/12/93 Board reviewed Paradise Park’s Annual Report, Future Plans, and Exhibits. The Board found Paradise Park in violation, fined Paradise Park, and gave after-the-face approval for several exhibits. Also approved a maximum of twenty-four tour buses to Paradise Park per day on a six-month trial basis. (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95))
3/16/93 Article in Star Bulletin by Gregg K. Kakesako stating that Paradise Park’s fines for violations was decreased from $4,000 to$500.00.
3/24/93 Letter Keith W Ahue, Chair, BLNR to James W. Y. Wong, Paradise Park re: Paradise Park Annual Report, Future Plans, and Exhibits. Letter states the actions that the Board took at its March 12, 1993 meeting including new conditions to allow 24 tour busses to arrive per day unless strong community opposition and requiring a six month trial period, bus limit subject to community input. Also, notes that Paradise Park was in violation for not getting prior BLNR approval for exhibits. After the fact approval is granted. Requires landscaping plan submission, submission of updated master plan, continued submission of annual report and the monthly report requirement was eliminated. “The approval process for future changes or alterations is streamlined so that the amendments/requests may be submitted to the Department for administrative review and approval prior to implementing changes. The Chair has discretion to bring any proposed changes or alterations to the Board for approval. All request for changes or alterations to the exhibits shall be accompanied by plans and a description.”
05/05/93 Letter Paradise Park to Keith Ahue, Chair, BLNR regarding 3/24/93 letter and providing the 1992 Annual Report in compliance with Paragraph 6(b) of the BLNR decision of March 12, 1993. Sets out the monthly visitor count for 1992.
08/20/93 Letter Paradise Park to Keith Ahue, Chair, BLNR Re: Master Plan Update. Writing to update in regards to DLNR’s 3/27/93 request for an update to the Master Plan showing existing and proposed physical layouts and including descriptive text identifying specific uses within each of the components. Requests that such a plan be suspended indefinitely until Paradise Park is done working with nonprofits that may utilize the property.
09/21/93 Keith Ahue, Chair, BLNR to Darryl P. Wong, Paradise Park, Subject: Update Master Plan for Paradise Park and Restriction of Tour Buses. Response to 8/20/93 letter and granting the requested indefinite deferral of an updated Master Plan for Paradise Park. Noting that the six month trial period on the 24 bus cap has ended and requesting that Paradise Park meet with the Manoa Neighborhood Board as instructed by BLNR when the cap was set.
09/24/93 Letter from Paradise Park to Keith Ahue, Chair, BLNR Restriction of Tour Buses; thanking for approval of deferral of the Paradise Park Master Plan.
10/08/93 Manoa Neigborhood Board No. 7 to Keith Ahue, Chair, Board of Land and Natural Resources re: Restricton of Tour Buses at Paradise Park, Manoa Valley, Oahu stating that the Neighborhood Board supports BLNR’s restriction on buses to Paradise Park capped at 24, that no unmanageable problems exist at the time but that community input should be sought after a trial period for 24 bus cap.
10/12/93 Paradise Park letter to Keith Ahue, Chair, BLNR, Re: Restriction of Tour Buses stating that Roberts Hawaii had been contacted regarding speed, noise and pollution complaints from Manoa Residents; Limit of average of 24 buses had been agreed to at Manoa Board Meeting (Letter from Darryl P. Wong, General Manager of Paradise Park)
10/9/1993 Manoa Neighborhood Board letter to BLNR, reporting that issue of 24 tour bus limited was included on agenda for Neighborhood Board Meeting; Darryl Wong was present for the meeting; affirming that Manoa Neighborhood Board finds the 24 cap reasonable; that no untenable issues exist at the present moment.
12/17/93 DLNR Office of Conservation and Environmental Affairs to James W. Y. Wong, Paradise Park Re: Tour Bus Restriction at Paradise Park that following completion of the six-month trial basis, the Board, reviewed the tour bus restriction, took input from the community
01/02/94 Paradise Park closes operations except for the Tree Tops restaurant and the bird propagation activities. (Manoa Neighborhood Board Meeting Minutes, page 4, Feb 5, 2014)
1/04/94 Keith Ahue, Chair, BLNR to James Wong, President of Paradise Park notifying Mr. Wong that on Dec. 17, 1993 the BLNR approved a maximum of twenty-four tour buses per day to Paradise Park and that the twenty-four bus limit is subject to change by the Board if there is strong community input in the future.
05/13/94 Paradise Park/CVI Draft Environmental Assessment Manoa, Honolulu, Oahu, Hawaii Prepared for Paradise Park, Inc. by Wilson Okamoto and Associates, Inc. May 1994. Prepared pursuant to Chapter 343 Hawaii Revised Statutes, and Title 11, Chapter 200, Administrative Rules, Department of Health, State of Hawaii. Private proposed action.
05/13/94 Letter from Paradise Park to Manoa Neighborhood Board No. 7 Re: Cooperative Use Proposal of Paradise Park. Thanking Mr. Henrich for opportunity to participate at Board meeting, outlining proposal for CVI use of Paradise Park
06/01/94 Letter Paradise Park to Keith Ahue, Chair, BLNR Re: Paradise Park, informing the Board that Paradise Park intends to temporarily allow Computer Visualizations, Inc. to use a portion of the Main Building.
06/28/94 Keith Ahue, Chair, DLNR to Darryl Wong Re: Subleasing Paradise Park to Computer Visualizations, Inc. responding to June 1, 1994 request, requires an amendment to the CDUP OA-30 to lease to Computer Visualizations, Inc. No exterior improvements are proposed. Construction would be limited to interior modifications. …. leasing to Computer Visualizations would be a “new, greater, and different use pursuant to 183-41, Hawaii Revised Statute. Consequently, an amendment to CDUP OA-30 is required prior to any occupation of Paradise Park’s buildings…”
08/02/94 James W.Y. Wong, Paradise Park to Keith Ahue, Chair, BLNR stating that Paradise Park will be subleasing 12.3 acres to EcoMedia, Inc., a wholly owned subsidiary of Computer Visualizations, Inc. Noting that the existing buildings and pathways within the Park will remain, as will the botanical and zoological gardens. Letter includes a listing of attendance rates of Paradise Park from 1977 – 1993. Includes details on the Main Building and how EcoMedia will utilize the space and run the Park as an “educational” center.
08/24/94 Earl Matsukawa on behalf of Paradise Park to Keith Ahue, Chair, BLNR, Subject: Request for Temporary Variance & Request to Amend Conservation District Use Application Paradise Park/EI. Submitting 18 copies of the subject request for a temporary variance pursuant to Title 13, Chapter 2 (HAR, DLNR) including a Master Application Form (Rev. 6/93), Required Supporting Information, Draft Environmental Assessment along with filing fee and OEQC Bulletin form.
08/25/94 – Keith Ahue, Chair, BLNR to James W. Y. Wong Re: Subleasing Paradise Park to EcoMedia stating that the sublease arrangement is similar to the one already requested and denied, and that leasing to EcoMedia would be a “new, greater, and different use pursuant to 183-41, Hawaii Revised Statute. Consequently, an amendment to CDUP OA-30 is required prior to any occupation of Paradise Park’s buildings…” Notes that Act 270 approved by the Governor on July 1, 1994 replaced chapter 183-31, HRS which defines “Land use” as: 1) The placement or erection of any solid material on land; 2) The grading, removing, harvesting, dredging, mining, or extraction of any material or natural resource on land; 3) The subdivision of land; or 4) The construction, reconstruction, demolition, or alteration of any structure, building, or facility on land.” “Since the subject proposal involves the renovation and alteration of the main building and the placement of kiosks throughout the garden, a Conservation District Use Permit is required. Additionally, a public hearing is required as the proposed use is for commercial purposes.”
09/06/94 James W. Y. Wong, Paradise Park to Keith Ahue, Chair, BLNR Re: Paradise Park/Eco Media Inc., requesting administrative approval to sublease to EcoMedia during the “interim period”; saying that DLNR must review the request pursuant to current DLNR regulations (in particular section 6 of Act 270 signed July 1, 1994); withdrawing request for temporary variance dated August 1994, and requesting approval of sublease to EcoMedia.
10/03/94 James W. Y. Wong, Paradise Park to Keith Ahue, Chair, BLNR, Re: Paradise Park/Eco Media Inc., withdrawing Paradise Park’s request for administrative approval to sublease to EcoMedia during the “interim period” and that the Park intends to move forward to amend the Conservation District Use Permit.
10/13/94 Earl Matsukawa on behalf of Paradise Park to Keith Ahue, Chair, BLNR, Subject Request for Temporary Variance & Request to Amend Conservation District Use Application Paradise Park/EI Honolulu, Hawaii. Letter requests that application for EcoMedia subleasing and Conservation District Use Amendment be withdrawn and for a refund of filing fees.
10/20/94 Letter from Keith Ahue, Chair, BLNR, Subject: Amendment to Conservation District Use Application OA-30 to Sublease a Portion of Paradise Park to EcoMedia, Inc. in Manoa Valley, Honolulu, Oahu (TMK: 2-9-54: 7 & 18). Acknowledges letter dated 10/13/94 requesting withdrawal of EcoMedia application, stating issues that remained on the application and that if the Park decides to resubmit in the future, the request will be processed as a new and separate application.
10/21/94 Keith Ahue, Chair, BLNR to James W. Y. Wong Re: Subleasing Paradise Park to EcoMedia acknowledging that DLNR had received Paradise Park’s request to withdraw its request for administrative approval to sublease to EcoMedia during the “interim period.”
11/07/94 Letter from Keith Ahue, Chair, BLNR to Earl Matsukawa, Wilson Okamoto & Associates, Subject: Refund for Filing Fee on the Amendment to Conservation District Use Application OA-30A at Paradise Park, Manoa, Oahu enclosing a refund check of $100.00
01/08/95 Original DEA for amendment to Paradise Park’s CDUP for leasing to EcoMedia published in the OEQC Bulletin.
02/07/95 Ms. Ann Kobayashi, Executive Assistant, Mayor’s Office to Michael D. Wilson, Chair, BLNR Re: Paradise Park Use Change – TMK: 2-9-54:7 and 18 voicing concerns over how CDUP was originally obtained among other questions; voicing opposition to approval of Park’s request for CDUP amendment.
02/07/95 Comment period ends on Draft Environmental Assessment to Amend Conservation District Use Permit OA-30 by Converting the Use of Buildings at Paradise Park to General Office ad Retail Uses, Honolulu, Oahu
02/21/95 Memorandum from Michael D. Wilson, Chair, BLNR to Mr. Gary Gill, Office of Environmental Quality Control, Subject: Request to Withdraw Draft Environmental Assessment to Amend Conservation District Use Permit OA-30 by Converting the Use of Buildings at Paradise Park to General Office ad Retail Uses, Honolulu, Oahu. Notes the 30 day comment period ended on 02/07/95
02/23/95 Memorandum from Michael D. Wilson, Chair, BLNR to Mr. Gary Gill, Office of Environmental Quality Control, subject: Revised Draft Environmental Assessment (DEA) to Amend Conservation District Use Permit (CDUP) OA-30 by Converting the Use of Buildings at Paradise Park to General Office ad Retail Uses, Honolulu, Oahu, stating the DLNR anticipates a negative declaration determination on the DEA and requesting that notice of availability for comment on the DEA be published.
02/24/95 Michael D. Wilson, Chair, BLNR to Ms. Ann Kobayashi, Executive Assistant, Mayor’s Office Re: Amendment of Conservation District Use Permit OA-30 to Convert the Use of Buildings at Paradise Park to General Office and Retail Space, Honolulu, Oahu - Draft Environmental Assessment. Acknowledges receipt of memorandum from the Mayor’s office and addressing Mayor’s concerns. Notifies office that December 1994 Draft Environmental Assessment has been withdrawn and that a new revised copy of the Draft EA was submitted. The Mayor’s review was requested.
3/1/95 Memo from Office of Conservation and Environmental Affairs, Department of Land and Natural Resources to Forestry and Wildlife, Land Management, Subject: Revised Draft Environmental Assessment for Paradise Park, Manoa, Honolulu, Oahu notifying Forestry & Wildlife that Paradise Parks December 1994 Draft Environmental Assessment has been withdrawn and that a new revised copy of the Draft EA was submitted. The agency’s review was requested.
3/21/95 – Manoa Neighborhood Board No. 7 Meeting notes regarding future use of Paradise Park; Darryl Wong of Paradise Park reported on status of amendment to CDUA application and that changes were needed to pay the $4 million mortgage and to enable the Wong family to end their relationship with Paradise Park.
4/21/95 Letter from Nature Conservancy to Michael Wilson, Chair, BLNR stating that the Nature Conservancy had not expressed interest in subleasing property from Paradise Park owners.
5/10/95 – Manoa Neighborhood Board No. 7 to Michael Wilson, Chair, BLNR, Re: Amendment to Conservation District Use Permit No. OA-30 to Convert the Use of Buildings at Paradise Park to General Office and Retail Space, in Manoa, Honolulu, Oahu (TMKs:2-9-54: 7 & 18), filed by Paradise Park, Inc., thanking BLNR for holding a public hearing on April 27, 1995 and stating that the Neighborhood Board had:
Adopted by a vote of 13 in favor, 2 opposed, and 1 abstention was the following resolution:
That the Manoa Neighborhood Board (1) is opposed to the Conservation District Use Permit amendment application to allow the development of Paradise Park as commercial office space and the possible precedent that would be established for all other conservation district areas statewide if approved; and (2) is displeased with the substantive ignoring of its comments submitted on both the Draft and Revised Draft Environmental Assessments, and the negative declaration determination issued by the Office of Environmental Quality Control.
5/10/95 Letter form Tom Henrich to Cathy Tilton, DLNR following up on oral testimony from April 27, 1995 public hearing regarding alternate uses and solutions for the Paradise Park property.
5/??/95 Outline of Paradise Park Transaction outlining the terms of Paradise Park’s lease, a summary of the proposal to convert to an “educational environmental center” including rental of space to environmental non-profits, and changes to the property
5/12/95 – Letter from Paradise Park to Representative Case following up on concerns and questions raised by Representative Case during a meeting with the Wongs.
5/12/95 BLNR defers review of Paradise Park Inc.’s application for Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu
5/19/95 – Letter from Rep Case to Mr. Komatasubara, Paradise Park responding to 5/12(11)/1995 letter
5/22/95 Public comment in opposition to Paradise Park’s CDUP Amendment submitted via fax from Brian Baron to Michael Wilson, Chair of BLNR
05/25/95 – Paradise Park submits application to amend OA-30 to convert approximately 8,369 square feet of buildings to general office and retail space and then sublease the space; request was denied because it was an inappropriate land use; inconsistent and problematic with Title 13-5 HAR; vague, ambiguous and open ended; precedent for future options; decision should be a LAND USE DECISION and not a BUSINESS DECISION; and other available administrative options. (from letter dated 8/21/1997 DLNR to BLNR in file 30Aug1.97Sub.pdf)
5/25/95 - Letter Rep. Ed Case to DLNR in general agreement with OCCL’s recommendation to BLNR to deny the requested CDUP Amendment.
5/26/95 OCCL to BLNR Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) includes a number of concerns that the applicant needs to address: applicant needs to work with the community; proposal should show that it can be economically successful; unknown use of parcel 7; applicant needs to provide list of potential tenants; and to answer the question of what vested rights would the applicant have relative to “users” versus “use” if granted. Also concerned about the applicant’s newest proposal to convert the use of approximately 30,000 square feet (rather than 8,369 square feet) of existing building space to commercial office and retail space.
Paragraph on page 16:
In approving OA-30 in 1966, the Board determined that the recreational zoological and botanical gardens were compatible with the locality and surrounding areas pursuant to Regulation No. 4. However, times have changed in Manoa Valley: the valley is more populated resulting in additional traffic and social demands. Additionally, some of the issues raised in this application are the same raised by Manoa Residents back in 1966 (when the Board approved OA-30) and later in 1990 (when the Board reviewed the applicant’s dinamation proposal). Issues such as commercial use, traffic, noise, and viability of the project continue to plague Paradise Park and the Manoa Valley Community.
Furthermore, the Conservation District law and rules have changed. Regulation No. 4 that once allowed resorts, hotels, and restaurants has changed and evolved to our current law and rules, 183C and Title 13-5, Hawaii Administrative Rules (HAR), respectively. (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) page 16)
The proposal before the Land Board not only asks the Board to keep the current land use designation (that is a recreational zoological and botanical garden with the operation of a restaurant, gift shop, snack bar, after—dark parties, and a maximum of twenty—four tour busses per day) but add commercial office and retail use with its own traffic and noise generation. (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) page 16)
As previously mentioned, the original permit was granted under Regulation No. 4. The existing application is being processed under Title 13-5, HAR. The new rule, Title 13-5, HAR, came into effect on December 12, 1994. The new rule went through a thorough review and is the vision for the Conservation District today. (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) page 17)
As such, we cannot recommend deviating from the current rules; particularly if the results may prove to be problematic in the Board’s and the Department’s ability to manage and regulate land use in the Conservation District. Clearly this is the case as the Board, itself, approved the new rules less than six months ago. Furthermore, deviation as expressed in our current rules, may occur only in relation to the “Conditions” of use, not the proposed use itself. (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) page 17)
Paradise Park is a for-profit venture established at the risk of the applicant in 1966. Like all businesses, Paradise Park has experienced its ups and downs until it finally closed its tourist attraction in 1993.... The applicant acknowledges that the Paradise Park venture was its own initiative and risk. Since the Park has closed, however, the applicant is now seeking an appropriate replacement for “economic reasons.” (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) page 18-19)
Administering the Conservation District in concert with its legal mandate is what office is seeking to achieve—not an economic replacement. (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) page 19)
Notwithstanding the public’s representation of the applicant that this is a business proposal in which perceived potential uses are considered good (“environmental”) as opposed to less good (“attorney’s offices”), the proposal before us is not a business decision but a land use decision. We do not concur that the establishment of commercial office and retail space as a principal use is consistent with the purpose and intent of the Conservation District. (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) page 19)
Parcel 18 contains the existing zoological and botanical gardens operated by the applicant – Main Building itself is approx. 28,911 sq. ft.; Discovery center is 1627 sq. ft.; Cultural pavilion; amphitheater; ethnic garden structures; numerous exhibits such as ponds, rare vegetation and exotic birds; rest stations, pathways and other facilities, and several maintenance facilities and smaller buildings. (CITE: State and Hawaii Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Regarding Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu (File No: OA-30A; acceptance date 12/2/94; 180-day exp. date 5/31/95) page 19)
6/6/95 Michael D. Wilson, Chair, BLNR to Mr. Matsukawai, Wilson Okamoto &Associates, Inc. Re: Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu; notice that application for CDUP modification had been denied as an inappropriate land use, inconsistency with Title 13-5, HAR; ambiguous, open-ended proposal; precedent for future actions; land use decision rather than a business decision; and other available administrative options. Also, differences between proposal Environmental Assessment/public hearing and CDUA application (EA was for 8,369 square feet, not 30,000 square feet)
6/7/95 Manoa Neighborhood Board No. 7 Minutes of the Regular Meeting – report from Tom Henrich to Board on the denial of Amendment to Conservation District Use Permit Number OA-30 to Convert the Use of Buildings to General Office and Retail Space at Paradise Park, Manoa, Honolulu
06/12/95 Michael D .Wilson, Chair, BLNR to James W. Y. Wong, Paradise Park Re: Re-opening of Paradise Park noting that Paradise Park is asking BLNR to reconsider its “prior determination that an amendment is required for the new Hawaiiana Cultural and Natural History Theme Park with Participation of the Smithsonian Institution.” The letter outlines Paradise Park’s history, including closure of all but the Tree Tops restaurant in 1993 and BLNR’s denial of a request in 1995 to convert and sublease exhibit space into office and retail use. Includes statement that:
A Hawaiian Theme Park is not an identified land use in the Department’s Administrative Rules under Title 13, Chapter 5, HAR. However, inasmuch as the land use (botanical/zoological garden for recreational purposes) was established pursuant to a Conservation District Use Permit (OA-30), the Department must consider whether a Hawaiian theme is consistent with the current use of the park as a zoological or botanical garden for recreational purposes. Given the history of the Park, this issue must be determined by the Board of Land and Natural Resources.
7/16/96 – Letter from Paradise Park to Michael Wilson, Chair, BLNR. Paradise Park seeking preliminary approval from the Board to re-open Paradise Park under a Hawaiiana Cultural and Natural History Theme (Paradise Park to Mr. Wilson/DLNR dated 7/16/1996 in file 30Aug1.97Sub.pdf)
09/30/96 Letter Paradise Park to Michael D. Wilson, Chair, BLNR Re: 3737 Manoa Road. Acknowledging receipt of letter dated September 20, 1996. Park has eliminated any items that may not be related to the botanical and zoological nature of the Park. Requesting confirmation that Park will not have to go through a public hearing. Attached revised general outline of proposal for site. Will be working with the Smithsonian on Natural History of Hawaii exhibits. Correcting that the Luau Pavilion square footage is 16,000 sf.
02/07/97 Letter Michael D. Wilson, Chair, BLNR to Darryl P. Wong. Request to reopen the Park with proposed Hawaiian cultural theme changes cannot be approved administratively. Changes will significantly alter the character of the Park from that of a botanical and zoological garden approved by the original CDUP to that of a theme park….Request will need to be presented to the Board of Land and Natural Resources for review. Also requests community response to the proposal. Requests proposed changes be submitted in form of a revised Master Plan.
02/24/97 Letter Paradise Park to Michael D. Wilson, Chair, Board of Land and Natural Resources Re: Paradise Park – CDUP OA-30. Letter in response to February 7, 1997 letter referring to Paradise Park’s letter dated September 30, 1996. Stating that the Park believes the agency has erred in determining that a Hawaiian Cultural theme would be a new concept. Not asking to change the current Master Plan.
03/19/97 Letter Michael D. Wilson, Chair, BLNR to Darryl P. Wong Re: Re-opening of Paradise Park Under New Theme. Staff’s findings that dinosaur exhibit was not a different or greater use than was previously approved by the Board based on “1) renovations were contained within the existing footprint of the main building; 2) CDUP OA-30 did not impose any restrictions regarding the types of, numbers, or sizes of plants and animals to be allowed within Paradise Park; and 3) the CDUP did not specify whether the exhibits must be live or animated.” “The conceptual plan for Paradise Park does not include a Cultural & Natural History Theme Park. This is a fundamentally different use which must be reviewed by the Board.”
04/02/97 Letter Paradise Park to Michael D. Wilson, Chair, Board of Land and Natural Resources Re: Paradise Park Re-Opening. Response to letter dated March 19, 1997. Following up on meeting with Sam Lemmo. Stating desire to reopen under Hawaiian cultural theme; intent to reopen under the same way as it was before it closed, but to use the Smithsonian Institute to oversee displays. Is not yet applying to amend the CDUP.
07/16/97 Letter Paradise Park to Michael D. Wilson, Chair, BLNR Re: Re-Opening of Paradise Park. Requesting interpretation whether a Hawaiiana Botanical and Zoological themed park is consistent with the use of the property prio to its closing in 1994.
08/21/97 Memo from DLNR Land Division, Planning and Technical Services Branch, Honolulu to BLNR Re: Re-opening of Paradise Park under a Hawaiiana Botanical and Zoological Theme Park. Reviewing history of permitting at Paradise Park. “Staff’s main concern stems, not from the theme of a Hawaiian and Natural History park itself, but how it would manifest itself in the setting of the park. Given the history of infractions by Park management, this should be a source of concern.” Also, need to consider “the involvement of the Smithsonian Institution and other group’s involvement in Park. Board made it clear that it does not want independent retail or office space rented at the park. This was not the original intent of the park nor is this type of land us/activity consistent with the objectives of the Conservation District under Title 13-5 HAR.” Also, concern about the type and nature of any changes, if any, in the physical lay-out of the park – e.g. new exhibits, etc. Point of the submittal is to inform the Board of the Park’s new plan and to receive the Board’s concurrence that the theme is, in concept, acceptable and that an amendment to the permit is not required, subject to the following conditions, including: that the Park not be subleased to any independent entity for retail or other office use; final approval of Hawaiiana Theme subject to the Department or Board’s approval of a revised Master plan; Chair has discretion to bring any proposed change[s] or alterations to the Board for approval; all conditions imposed under CDUA OA-30, as amended, remain in effect (including bus and visitor limits and reporting requirements).
08/2004 Halau Ku Mana (HKM) a public charter school begins operations in Main Building of Paradise Park and occupies the third level floor without BLNR approval. (See After the Fact CDIA OA-3268 dated 1/27/206)
01/27/06 Memo Samuel Lemmo, OCCL, BLNR to Darryl P. Wong, Paradise Park, Subject: Conservation District Use Permit (CDUP) OA-3268 for the Halau Ku Mana (HKM) New Century Public Charter School Located at 3737 Manoa Road, Manoa, island of Oahu, TMK: (1) 2-9-054:018. Notification that BLNR approved an after-the-fact CDUP for use of the existing facilities for the HKM Charter School at the former Paradise Park site subject to conditions.
01/27/06 OCCL to Board of Land and Natural Resources Re: After the Fact Conservation District Use Application (CDUA) OA-3268 for the Halau Ku Mana New Century Public Charter School, applicant Darryl Wong (Paradise Park). HKM began operations in Paradise Park facilities in August 2004 without Board approval. A fine was paid and After the Fact CDUA filed. The Department found that the proposed use is an identified land use in the Resource subzone of the Conservation District, pursuant to §13-5-22 HAR, P-6, PUBLIC PURPOSE USES, D-1; pursuant to §13-5-40 a public hearing is not required; action is exempt from requirements to prepare an Environmental Assessment pursuant to §11-200-08, HAR, Exempt Classes of Action, (1) Operations, repairs, or maintenance of existing structures, facilities, equipment, or topographical features, involving negligible or no expansion or change of use beyond that previously existing. NOTE: This After the Fact CDUA was analyzed against current regulations governing land use in the conservation district. The permit applied for only so long as the Charter used the facilities and it was limited to the use of the 3rd floor of the Main Building as classroom space. Applicant was still required to comply with all permit conditions of CDUP OA-30.
2007 Halau Ku Mana New Century Public Charter School ceases use of the third floor of the main building. See Existing Uses, page 3 of the OCCL Memo to BLNR, October 24, 2015.
01/08/10 Letter Paradise Park to Samuel Lemmo, Administrator, OCCL, Subject: Re-opening of Paradise Park, Manoa, Oahu CDUP OA-30; TMK 2-9-054:018. Informing OCCL that Park intends to reopen under Hawaiian Cultural and Historical Theme with focus on hula. Provides history of park, the Park’s conception of the conditions it must meet; and an overview of the Park as reopened under the Hawaiian theme.
01/01/10 Paradise Park enters into agreement with Halau Hula Ka No‘eau to use a portion of the main building for halau purposes. Did not seek board approval. See letter dated 6/22/10 Paradise Park to Sam Lemmo, OCCL.
6/22/10 Letter Paradise Park to Samuel Lemmo, Administrator, OCCL Subject: Re-opening of Paradise Park, Manoa, Oahu. Does not agree that re-opening under a Hawaiian Cultural and Natural History Theme constitutes a use that is “slightly different from the existing permit” but willing to comply with the conclusion that the proposal requires BLNR approval. Stating that due to economic constraints the project will be done in phases and that approval will be sought for each phase. Kumu Hula Michael Pili Pang is being consulted with. Paradise Park expected that DLNR/OCCL would concur that the hula group’s use would be consistent with the CDUP and so did not seek approval before entering into a one-year agreement with Halau Hula Ka No‘eau (HHKN) commencing on January 1, 2010. The Hulau Center will use a portion of the Main Building.
12/06/12 Oahu RC&D Conservation Plan, including a resource inventory listing threatened and endangered species at the Paradise Park site:
Sittings [sic] of the endangered Megalagrion Damselfly and Hawaiian Duck have been documented, while unofficial sitings [sic] of other threatened native wildlife include the Hawaiian Moorhen, Hawaiian Hoary Bat, 'Eiepaio, and 'Apapane. An endangered· soapberry plant grows on the property. Designated rare species habitats for both flora and fauna exist within 1/3-mile of the property.
02/27/13 Paradise Park submits plans for Paradise Park aka “Original Submission” referred to in October 24, 2014 modification request
2014 Legislative Session House Concurrent Resolution 70 and Senate Concurrent
Resolution 125 introduced, “Encouraging the Department of Land and Natural Resources
to Approve the Request to Reopen Paradise Park as a Hawaiian Cultural Center.” No testimony available and resolutions were not adopted. See Community Outreach, page 3 of the OCCL Memo to BLNR, October 24, 2015.
01/24/14 Letter Sam Lemmo to William Aila, Chair, BLNR. Site plan approval for the removal of invasive albizia species in Two Phases and Creation of a Managed Compost Site Located at Paradise Park, Manoa, O‘ahu, TM (1) 2-9-054:018. Applies analysis and approval for removal of logs invasive species under HAR §13-5-22 P-4 Removal of Invasive Species as an allowable use within the Conservation District. Further cites to HAR §13-5-22, P-13 Land and Resource Management (B-1) regarding composting. Because the invasive trees are in a previously disturbed area they may be considered an exempt action pursuant to HAR §11-200-8 and HAR §343. Authorization granted for removal subject to conditions.
02/05/14 Manoa Valley Neighborhood Board No. 7 Meeting draft regular meeting minutes; Napua Wong presented that there has been a plan to reopen Paradise Park under Hawaiian Cultural theme since 2008, and it would be subject to restrictions from DLNR like closing at 10:00pm and a limit to 430,000 visitors annually and 24 tour buses per day.
02/06/14 Email from Napua Wong to Jams Wong. Subject: RE: Neighborhood Board Meeting. Report back from Napua Wong on Manoa Valley Neighborhood Board No. 7 Meeting; only 6 attendees were members of community not associated with the project and not there to hear about the plan specifically; told it was not going to target “tourists”; no future updates requested by Board or other opportunities for community meeting requested; encouraged people to attend Senator Taniguchi and Representative Choy’s legislative meeting on Saturday, February 15, 2014.
02/15/14 - Manoa Valley Community Meeting with Sen. Brian Taniguchi and Rep. Isaac Choy - about 100 people in attendance, but host of issues presented; Paradise Park brought up at the end and letter indicates that only vague information was provided.
02/17/14 Letter James Boersema (Paradise Park representative) to William Kaneko, Alsto Hunt Floyd & Ing (attorneys for Paradise Park). Update on Community Meeting February 15, 2014. About 100 members from the public. Paradise Park discussed towards end of meeting, just one question about closing time for Treetops.
06/13/14 – letter from Wong via Alston, Hunt, Floyd & Ing to K. Tiger Mills, OCCL, DLNR response to OCCL letter dated September 30, 2013 describing refinements to Park’s plans; proving specific information requested in the September 30 letter from OCCL, explaining why administrative review is appropriate and sufficient. (Do not have a copy of the referenced 9/30 letter on file with author.)
08/04/14 Memo OCCL to Julie Mandanas, Alston Hunt Floyd & Ing, Representing Paradise Park. Subject: Paradise Park’s Proposed Hawaiian Cultural Center Located at Manoa Valley, O'ahu, TMK.s: (1) 2-9-054:018
08/29/14 Paradise Park Exchange LLC purchases Paradise Park Site from the Roman Catholic Church; Paradise Park Inc. is listed as Lessee. Sale is recorded on 9/4/2014
10/24/14 Memo OCCL to Board of Land and Natural Resources Re: Conservation District Use Permit OA-30 Requesting Modifications to Paradise Park; staff recommend that the Board approve the modification subject to several conditions, and that a new Conservation District Use permit and public hearing are not required.
10/24/14 BLNR Meeting Minutes Item K-1 Conservation District Use Permit (CDUP) OA-30 Requesting Modifications to Paradise Park by Paradise Park Incorporated, Located at Manoa Valley, Oahu, Tax Map Key (1) 2-9-054:018. Wong seeks approval/clarification that independent operation of Tree Tops restaurant does not fall into category of a sublease to independent entity for retail or office space. Sam Lemmo had no issue with this. Regarding the existing and proposed layout, they wanted to be sure that exhibit B-1 would apply on future changes. Unanimously approved as submitted.
11/07/14 Memo OCCL to Julie Mandanas, Alston Hunt Floyd & Ing, Representing Paradise Park. Subject: Conservation District Use Permit OA-30 Modifications to Paradise Park Located at Manoa Valley, O'ahu, TMK.s: (1) 2-9-054:018. Notification that on October 24, 2014 BLNR found the modifications to Paradise Park to create a Hawaiian Culture Center consistent and in conformance with CDUP OA-30; that all conditions imposed under CDUP OA-30, as amended, remain in effect including submitting a detailed landscaping plan to the Dept. for approval prior to the implementation of landscaping changes; submitting the existing and proposed physical layout as well as identifying specific uses within each of the structural components with a description of essential elements of the Plan; submitting an annual report due within 1.5 years of reopening Phase I of the Park that will include a discussion of community concerns, issues, challenges, and success; and applicable standard conditions of the HAR §13-5-42 Standard Conditions.
02/25/15 Letter Carty Chang, Acting Chair, BLNR to Manoa Neighborhood Board No. 7 Subject Resolution of the Manoa Neighborhood Board Requesting the State of Hawai’i Department of Land and Natural Resources (DLNR) to Reconsider Approval of Modifications to Paradise Park, Honolulu, Island of Oahu. Acknowledging the Board is in receipt of Resolution requesting BLNR to reconsider the October 24, 2014 decision regarding modifications to Paradise Park, and to operate the facility under a native Hawaiian Cultural Theme. Noting that the Board found that the theme was consistent with the CDUP OA-30 as issued in 1966; only two of three phases have been approved; there is a requirement for Paradise Park to provide a report 1.5 years after re-opening and to include community concerns. Regarding lack of adequate public notice, agency found from review of notes that representatives of Paradise Park had attended Manoa Neighborhood Board meetings frequently and that a June 1, 2011 Manoa Neighborhood Board meeting record states under a list of Board accomplishments and actions taken by the Board from July 1, 2010 to May 2011 “(1) its support for the reopening of Paradise Park to offer gardens and collaborative activities that are designed to celebrate the hula, its role in Hawaiian culture, and its relationship to the natural environment and sustainable practices.” Also, Manoa Neighborhood Board was cc’d on letter regarding the matter dated February 9, 2010; September 30, 2013; and August 4, 2014. The Manoa Neighborhood Board was also copied on the notice of the public meeting of the Board of Land and Natural Resources of October 24, 2014….Departmental records indicate no responses or comments to these correspondences.”
10/24/2015 – Permit Modification Lapses
11/24/2015 – Landscape Plans sent to the Department of Land and Natural Resources
12/11/2015 – DLNR notifies Paradise Park that modification has expired
3/28/2016 – DLNR receives request from Paradise Park for time extension, arguing that the Park’s counsel did not inform them that there was a time limit on the modifications to the permit.