2011-06-06 WINDWARD TRANSCRIPT ANDERSON

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intended for them only. It is intended for the general public. So I think in that regard you cannot label that as a tourist-oriented function. KERN: Yeah, I think that most of the beginning statements sounded really good as far as helping define what it is. I can’t repeat it exactly but it sounded really good. You want to make a comment, Jeff? DARROW: I was just going to, generally it sounded like what Commissioner Domingo was saying, an event that brings tourists together such as a luau, something simple. LEITHEAD TODD: I think it was more the idea that it was an event that was designed and marketed to bring tourists to the site, and luau with Polynesian shows is an example of something. But it really has to do more with, I think, the way an event is organized and marketed. And I think what we were trying to prevent is something that would create lots of traffic. Because part of this was not just the concerns raised by Ms. Frederick, it was concerns raised by the police department, as well as DOT, as to how much traffic would be generated on the streets. And the concern was that something like a luau show or a concert was going to generate more traffic at a specific time than, you know, as a country market, when people come in and out at various times. You know, if the country market is open from eight to two o'clock it isn’t that everybody shows up at eight. But if you have something that is, you know, larger and has a specific time -. You know, we never discussed the time element. But I’m thinking that it’s kind of what you’re thinking of, is that it generates traffic at a specific time that is larger. And so I think that is what we were concerned about. But the entire representation during the application was that this was community based and it was special events for the community, and that there was no intent to do anything that was targeted or promoted to tourists. And I think that is why that limitation is in there, because of the presentation to the Commission that, one, they wanted to have the country markets, and we had specific time limits on that, and then they were allowed to have a certain number of special events, and they have to, you know, give us some advanced notice of those events; and those events were supposed to be geared towards the community, to fund-raising and -. But I think maybe in hindsight the next time something like this comes along maybe we need to look at the number of people you can have at any one time. You know, it’s easier to enforce specific numbers that are black and white, or -. You know like, I know that you have to stop an event by 10 o'clock, that’s definite, it’s a break line. If you know that you can’t start before a certain hour, that’s definite, that’s a break line. But the difficulty I think in some of the language that we employ, and it’s something that our department and our staff will have to take a look at when we make recommendations, is that if there is too much ambiguity it is difficult for us to enforce, it is difficult to the neighbors to know what they can anticipate, and it is difficult for the applicant who gets the permit to know what the parameters of what he can do are. But I think that as it stands the idea that it is something that is designed and marketed to bring tourists to the site kind of explains what a tourism related event is. KERN: Julie. Thank you, Madam Director. MECKLENBURG: So I think what I am hearing, and please correct me if I am wrong, is that you wanted, you intend to make a motion that the Planning Commission issue a declaratory ruling 13 EXHIBIT A