{"id":16450,"date":"2025-04-02T13:06:37","date_gmt":"2025-04-02T23:06:37","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=16450"},"modified":"2026-01-23T15:04:52","modified_gmt":"2026-01-24T01:04:52","slug":"nani-mau-gardens-half-a-century-of-special-permit-amendments","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=16450","title":{"rendered":"Nani Mau Gardens: Half a Century Of Special Permit Amendments"},"content":{"rendered":"\n

In October 1973, the state Land Use Commission approved a special permit allowing for a commercial arboretum on about 23 acres of land in the state Agricultural District in the Panaewa area about three miles south of Hilo, on the eastern coast of Hawai\u02bbi Island.<\/p>\n\n\n\n

More than 50 years later, the LUC is questioning the extent to which the series of garden owners have complied with conditions attached to the permit. It has asked for a status update from the latest owners at the commission\u2019s scheduled April 23 meeting.<\/p>\n\n\n\n

At the time the LUC issued the first permit, the arboretum had already been developed but a special permit was needed since what was being proposed was a commercial activity not specifically allowed under the state land use law, Chapter 205 of Hawai\u02bbi Revised Statutes. The owner, Makoto Nitahara, wanted to charge admission to the arboretum and also sell agricultural products on site.<\/p>\n\n\n\n

The county Planning Commission had already given its approval to the request but had imposed a condition limiting sales to agricultural products only. <\/p>\n\n\n\n

Nine years later, Nitahara, operating his arboretum as Nani Mau Gardens, sought to amend the special permit in order to have \u201cindividual shops for the sale of locally produced agriculturally-oriented products, a small gift shop, and a snack shop.\u201d This, Nitahara said, would \u201cprovide an outlet for the display and sale of handiwork of local craftsmen, and provide a central location in which tourists can observe various local products.\u201d At the time, the only structures identified on the property were a single-family house, a garage, and a 3,840-square-foot metal building that housed the arboretum office.<\/p>\n\n\n\n

The LUC approved the requested amendment but specified that \u201ccooking food on premises and unrestricted sale of tourist items are not reasonable and unusual uses of the Agricultural District\u201d and would not be allowed under the special permit.<\/p>\n\n\n\n

That was the camel\u2019s nose under the tent. <\/p>\n\n\n\n

In 1987, Toyoma Garden Hawai\u02bbi Corporation, the new owner of Nani Mau Gardens, came in with another amendment request. Somehow, the metal building had grown to 5,000 square feet, which the owner was seeking permission to increase to 10,360 square feet, including a second floor, and the number of garages had doubled to two.<\/p>\n\n\n\n

Also included in the permit amendment request were conditions allowing the sale of \u201climited types of cooked or processed food on the premises\u2026similar to the type of cooked and\/or processed food offered at a \u20187 Eleven\u2019 store.\u201d<\/p>\n\n\n\n

The county Planning Commission recommended approval of the amendment.  On February 18, 1988, the LUC issued its approval of the amendment. A \u201csnack facility\u201d may be operated during business hours \u2013 but not a kitchen or restaurant \u2013 so long as the owner \u201csatisfies all applicable county and state sewage, health, drainage, water, and building requirements.\u201d In addition, the owner was to provide the state and county with annual progress reports \u201cuntil all of the conditions of approval have been complied with.\u201d<\/p>\n\n\n\n

The very next year, the county and state were presented with yet another request to amend the special permit \u2013 this time by adding some 33 acres to the operation. The expansion area would include an equestrian trail and horse stables, a museum, a new pavilion, an area for picnics and barbecues, and an area where produce would be sold. The owner also wanted to delete the restrictions on food sales and to be allowed to open a restaurant on the second floor of the expanded main building, which was under construction at the time.<\/p>\n\n\n\n

The restaurant, seating up to 120 guests, would be an extension of the current operations of the garden, which, the owner said, included \u201cspecial ceremonious functions like a wedding.\u201d The dining facility would be available for \u201cpost-ceremonial gatherings.\u201d \u201cLocal patrons\u201d would not be excluded, the application stated, but \u201cit should be emphasized that the principal market of this restaurant is group tours.\u201d<\/p>\n\n\n\n

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A non-working fountain and pool.<\/figcaption><\/figure>\n\n\n\n

Hours of operation for all the facilities would remain unchanged: 8 a.m. to 7 p.m.<\/p>\n\n\n\n

In anticipation of increased traffic, the owner was required to improve the intersection of Makalika Street and the Belt Highway.<\/p>\n\n\n\n

On October 31, 1989, this third amendment to the original special permit was approved by the LUC.<\/p>\n\n\n\n

Throughout the 1990s and into the 2000s, the amendments continued to come:<\/p>\n\n\n\n