2004-12-17 TNani MauO - Laserfiche WebLink

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This particular Special Permit, and I just wanted to clarify theres also some reference to this particular permit being Special Permit No. 247. Special Permit No. 247 is the Countys identification of this particular permit. The official permit number is SP 73-159, inasmuch as this permit is issued by the State Land Use Commission. The permit was granted initially back in 1973 and there have been several amendments over the years. At one time the permit, the Special Permit covered an area of approximately 58 acres, that includes this blue area as well as this area that is shaded in yellow. Within the blue area, there is the botanical garden which would be on the east side of the property. And for those of you who have been to the Nani Mau Gardens, there is a restaurant which also has a gift shop in there. There also is a building here which has the Nani Mau Salon and Spa; and in the back there is a small office building on the mound that is the Nani Mau Inc.s administrative office building. There also is a maintenance building that is situated at the west side of the property. This particular area indicated in, outlined in yellow is currently approximately 30 acres; and that particularpermit,thisparticularareawasdeletedfromtheSpecialPermitbackin1994.There were some uses that were proposed as part of that amendment back in 19-, which the Commission, within the area that included an equestrian trail, some expansion of the retail services. Those uses were since deleted from the permit. At that time that these uses were included, however, the retail, additional retail services, a condition was imposed. That was Condition No. 7; and that was recommended by the State Department of Transportation. The condition that was adopted by both or recommended for approval by the Planning Commission and subsequently adopted by the Land Use Commission indicated basically three improvements at the Makalika Street/ State, Hawaii Belt Road intersection. One of the improvements would have been to construct an acceleration lane along the, I believe its Highway 11, if I have that correct, or the State Highway. They were also required to construct a deceleration lane that would come into Makalika Street. And the third improvement would have been to provide a street light, for additional street lights at that intersection. These improvements, as evidenced by the maps or the photographs that were circulated, have not been provided, except for the street light which was provided by the Applicant. Since the Applicant is not proposing to do the additional improvements that were granted, that warranted the imposition of Condition No. 7, they are now requesting that that particular condition be deleted. The Planning Director is recommending that, he concurs with the Applicants justification, reasons for the deletion of that particular condition, and is recommending approval. The State Department of Transportation also provided comments and indicated that they are agreeable to deleting those conditions. We also received a, comments from the State Land Use Commission. There are two conditions in the permit that they indicated should be amended or cleaned out for housekeeping purposes; and these are Conditions 4 and 5 with reference to those retail uses, and equestrian trails, so forth -. If you look at the Staffs Recommendation, that would be on pages 4 and 5 of the Staffs 2