2004-01-30 TDoutor Coffee - Laserfiche WebLink

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Permit No. 1215, which allows public tours of the existing coffee farm, proposed retail sales of non-agricultural products, and related parking area on approximately 12 acres of a 28.47 (sic) lot situated within the State Land Use Agricultural District. Are you ready, Staff? HAYASHI:Thank you, Mr. Chair. At the Planning Commission meeting on th December 4, the Commission moved to place this matter on the agenda. Basically, it would be to -, the request would be to delete Condition 5.c. of the permit that prohibited the use of large tour buses. Specifically, Condition 5.c. currently states that, and I quote, "Passenger vehicles used to transport visitors to the project site shall be limited to a capacity not to exceed 15 passengers." Since -, we received, first of all, a letter from Mark Van Pernis objecting to this request, or this motion, and all of you have a copy of that and it's made part of your packet. We also have a letter from the Planning Director addressed to Chair Galdones basically reiterating the Director's position that large tour buses be prohibited to transport visitors to the Doutor Coffee Hawaii facility, and he is recommending that the Commission deny the request to amend Condition 5.c. Also, along with that application, the Planning Director had enclosed a copy of a memorandum from the Kona zoning inspector to the Director regarding the continued use of large tour buses to transport visitors to the subject property. Are there any questions at this time? FUJIKAWA:Commissioners, any questions for the Staff? Go ahead, Commissioner Springer. SPRINGER:With regard to the information that's been forwarded to us, I'm th wondering if Deputy Corporation Counsel can comment on the January 29 letter from Ben Tsukazaki. FUJIKAWA:Corp. Counsel Pat O'Toole. SPRINGER:I'm looking in particular at the last paragraph of that letter that indicates th Doutor respectfully requests that the January 27, 2004, letter of the Planning Director be disregarded and stricken from the formal contested case record relating to Special Permit 1215, and I'm wondering if that -, how we need to treat that, or if at all. O'TOOLE:Well, I think the portion of the Director's letter where he states his objection, I think perhaps whether they have violated subsequently is not relevant, but I wouldn't strike the whole letter. I would like to discuss this matter in Executive Session at some point in time. I think at this point, we need to understand that this is on the agenda, but the motion needs to be made by a Commission member if any motion is to be made. And at that point, there will be discussion among the Commissioners, but if you wish to make a motion or not. Since it is an agenda item, though, I guess in an excess of caution we would 2