2007-08-31 TALIIGARDENS - Laserfiche WebLink

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Alii Drive within the Special Management Area. The zoning for the property is identified as Agricultural 5-Acre. State Land Use is Urban designation. This is very near to our application earlier, the Association of Apartment of Owners for Hale Kai O‘Kona. Just mauka of this development is the Kahakai Estates, and to the north we have the recent SunStone development located in this particular area. The applicant before us is Alii Gardens Marketplace, and they are requesting a time extension to Condition 5 of both the Use Permit 142 and the Special Management Area Use Permit 358. Both of these Permits were originally approved on December 14, 1995 to allow the development of an open-air marketplace, parking area, and related improvements. The applicant has submitted to the Planning Department a kind of a sketch of what’s on the ground, and this was submitted on March 13, 2004. So this is pretty close to what’s on the ground now; there may be some minor changes. We have Alii Drive running on the lower portion of the map. Identified on the map we have approximately 40 kiosks, and these are permanent structures in which the open-air marketplace is occurring. Additionally, we have the parking area identified in this area. And this area here is mainly the area for Phase I. Phase II is identified in the upper portion of the map, which hasn’t been constructed; and that’s the reason before us today the applicant is requesting a 5-year time extension to complete construction of Phase II and Phase III, which hasn’t been completed at this date. This situation is unique.In reviewing this request from the applicant, it has been determined that the original request to allow the open-air marketplace within the State Land Use Urban District, as well as within the Agricultural 5-Acres, is not allowed through the Use Permit process. In the Zoning Code, an open-air marketplace is not listed as a use that can be permitted through a Use Permit. The Planning Department did advise the applicant to proceed for applying for a Use Permit to allow this to become a permitted use, and the applicant proceeded with the information given to him from the Planning Department, and the two Permits were approved. And since then, since 1995, there’s been numerous actions that have occurred between the applicant and the Planning Department, including three Plan Approvals, an amendment to the Permit for Condition 12, additionally a 5-year administrative time extension. In review the Planning Director came to the conclusion that based on this information – the fact that there are no options as far as permitting this through the Use Permit option – he is stating that he is advising the Planning Commission that the time extension cannot be legally granted and that the Planning Commission, therefore, should deny the request. If I could also just read a portion of the Recommendation; it says, “The question before the Planning Commission is how to proceed with the knowledge that the use was permitted through a mistaken reading of the Zoning Code. There appears to be no options to grant the time extension requested for Phases II and III legally without continuing the mistaken reading of the Zoning Code to accommodate the desired result. The Planning Department would allow the operation of Alii Gardens Marketplace first phase as approved and as it has been established up to this date without the temporary structures which are no longer allowed, but we cannot support the proposed time extension request for Phases II and III.” Additionally, since the Planning Department sent the Background and Recommendation to the Planning Commission, we have received comment letters from the Department of Health and the Department of Public Works. And additionally, we have received a letter dated August 27 from the applicant’s representative detailing their objections to the recommendation. Are there any questions? EXHIBIT I 2