2010-04-01 TMOOERS - Laserfiche WebLink

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charitable causes that are operated by 501(c)(3).I worked on this quite a bit. I talked to the Hawaii Community Foundation. I asked if they would be willing to give the stamp of approval to private charitable causes, a family has a child that has to have surgery or needs a bone marrow transplant, they’re not a 501(c)(3), they want to raise money. Do we want to allow that to happen? You bet we do. We don’t have a problem with that. But it’s a simple thing to have an existing 501(c)(3) organization say this is a valid charitable cause. I don’t think a reputable 501(c)(3) is going to tell you that a wedding or a private birthday party is a charitable cause. So we could live with that. And under those circumstances we would not object to liquor being sold. But if the Commissioners are not inclined to narrow the special event candidates, then we would ask that you follow the Police Department’s recommendation and say no liquor. Moving on, No. D - Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established, that hasn’t been met. There’s nothing that’s changed that I’m aware of that would make it reasonable for this use in this location since these districts were established. The land upon which the proposed use is sought is unsuited for the uses permitted within the district - This is just flat wrong. This land is very well suited for grazing. There’s grazing going on all around it. And the actual arena itself, it’s a beautiful facility well suited for ropings, and team sorting, and team penning and equestrian events. It’s not that they don’t have use for their land. They do have use for their land within the confines of the zoning. F, the proposed use will not substantially alter or change the essential character of the land and the present use - I mean that’s the one that’s the real tough one. This is going to change the character of that property dramatically. And the last, it will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans - the Commission, I’m sure, is more familiar with those than I. I did have a long conversation, two conversations with Christian Kay about the development plan that he’s working on. This is my sense, I’m not quoting Mr. Kay, but it is my sense that the development plan for this area will be consistent with the other development plans and call for segregation of uses and be sensitive to this idea of distance from urban cores. I, it is my sense that that will be a consistent principle in the new development plan. Again, I think this particular area where it’s located so far from the urban core is not reasonable for this use. Thank you. WOODWARD: All right, thank you. Do we have any questions for Mr. Higgins? GONZALEZ: I do. WOODWARD: Oh, Mr. Gonzalez, our Corporation Counsel, had a question for you. GONZALEZ: Okay, the Commission has received the proposed conditions from both the applicant and your client. And so what I’m trying to get at is, so the Commission can know what are the parties’s understanding of the term “concert” and “special events”. Because it’s not defined anywhere. And so I think it’s important for the Commission to know what the parties’s understandings are of that term. Cause it’s listed in Condition No. 6. Right, no concerts? HIGGINS: The language that the applicant has proposed, the last sentence of Condition 6 reads, “No concerts or tourism related activities are permitted.” I think we could, and we agree with that. We have suggested adding “weddings, private parties.” So ours, if you look at the document that has the numbers on the left lower corner, 738823, it reads, “No concerts, weddings, private parties, or tourism related activities are permitted.” I think with respect to concerts, I would be happy to try to work with Mr. Mooers on something that better defines it. I 10 EXHIBIT D