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Design Commission and the County of Hawaii in regulating development <br /> in the Kailua Village Special District' and to "guide private sector <br /> investment and development in the Kailua-Kona area, as well as <br /> revitalization efforts in Kailua town. " Whereas the boundary of the 1976 <br /> Plan was limited to the core of Kailua Village, the 1994 Plan covered the <br /> boundaries of the entire Special District. <br /> The 1994 Plan identifies this general area for Resort/Commercial Mixed <br /> Use (Figure 4). While it does not have any identifiable use of the subject <br /> site, the area south of the "public use" parking area has been identified for <br /> a parking structure. (Figure 5) <br /> The author of this report is unsure whether 1994 plan was formally <br /> adopted by the County Planning Commission or County Council. <br /> IV. NATURE OF REQUEST <br /> The project already meets the parking requirement of the Zoning Code. <br /> As such, the public use parking stalls would be over and beyond the <br /> required parking. Notwithstanding that situation, the applicant has no <br /> intention of abrogating the public use parking condition of the SMA Permit. <br /> To that extent, the twenty (20) "public use" parking stalls have and will <br /> continue not to be counted as part of the project's basic parking <br /> requirement. <br /> However, because of the abuse of their usage and the need to assure <br /> greater public safety and their maintenance, as will be explained in detail <br /> below, the applicant wants the ability to exercise some measure of control <br /> over this parking area. <br /> While the language of the existing condition would suggest the applicant's <br /> ability to do so, to assure transparency and not be accused of violating the <br /> terms of the condition, the applicant proposes to have the condition <br /> amended as follows: <br /> "That the parking stalls on the makai side of the proposed building shall be <br /> clearly identified as being for eg neral public use. Appropriate controls, <br /> which maV include fees, to address public safety, enforcement, and its <br /> maintenance may be instituted by the owner and/or operator of_this <br /> parkinq area." <br /> V. JUSTIFICATION OF REQUEST <br /> There are essentially three (3) supportive reasons which justify this <br /> request. First and most important one is that its uncontrolled use breeds <br /> abuse, safety, and maintenance issues for the owner/operator of this <br />