2003-09-11 Planning Commission Minutes

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Commission first, noting the neighbors will also confirm that the applicants continue to do tours on a regular basis. He questioned why the Commission was making the neighbors spend their time, money and effort to enforce a special permit. He said he purchased his property for ag uses and not to be located next to a commercial tourist trap where hundreds of people are making noise and there is serving of food. He noted the applicant is asking for vague conditions so i would be very difficult to enforce any conditions, such as if th double up the next day or does it mean they have to count to ensure there are no more than 80 passengers. Stephen E. Heiman, adjoining property owner on the north said the issue is one of reasonableness and fairness to people who purchased their agricultural property with the expectation that they would have more privacy than having hundreds of people standing at a gazebo that overlooks his property, there would not be loud noise or amplified sound for music or entertainment, which he considers commercial in nature. Diane S. Heiman said she has witnessed buses unloading and loading clients on the highway and echoed her husbandÓs concerns. She said the facility should be located in an area where people can enter and exit in a manner that is safe for them and for those who have to traverse on the highway, and in a manner that does not disturb their neighbors. Curtis Tyler apologized for his unsolicited comments but noted he wanted to make sure no laws were broken and to ensure that the County does not end up in litigation. He said Mr. Tsukazaki opened the door to this discussion and said loading and unloading people on the highway is an unsafe situation for all the people that live and traverse that area. He said the CommissionÓs counsel has said that the Commission cannot reconsider its decision and noted the Commission is having a verbal protracted discussion about something that is not on the floor, which cannot be done unless there is a motion. He said all the Commission has t seconded and vote on the motion unanimously since there are only five members currently in attendance. For the CommissionÓs information, Mr. Tyler said Commissioner KubotaÓs request for an executive session was a legitimate request, but there was not the required six votes. He said the Commission cannot continue the hearing just because they do not like how the vote might turn out, referring to a Board of Land and Natural Resources case that has been in the court 10-15 years. Mr. Krueger said he believes the wording of one of the conditions allows the applicant to conduct other things on the property, like craft fairs; however, he would like to rescind that wording and limit that language to just the Kona Coffee Festival, if necessary. He added he believes a wording of one of the condition excludes a 55 decibel reading of music at the barbeque area, which he would like to have included. In response to the testimony of Mr. Van Pernis, Mr. Tsukazaki said he has in his possession evidence contrary to Mr. Van PernisÓ statement that his client is the only tour operating facility that uses buses, noting the evidence in this case shows the area where the large bus parks is out 9