2011-06-06 WINDWARD TRANSCRIPT ANDERSON

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by the Commission under that special permit as they apply to factual situations presented by the petitioner. Okay, so that’s kind of a summary of what the declaratory ruling is and is not. Any questions on that before we continue? KERN: Yes, I have a quick question. So in our decision-making processes it’s, one, of either granting the petitioner what they’re asking for or, two, on the contrary to that, would be to deny that, and then that would be the end of -? MECKLENBURG: Right, you can deny the petition outright or you can issue a declaratory order, making a decision on the issues raised. KERN: Got it. Thank you. Any other questions? Seeing none, thank you, Julie. Jeff, staff presentation. DARROW: Thank you, Mr. Chairman. KERN: Thank you. DARROW: Good morning, Members of the Planning Commission. I hope all is well today. As mentioned, our first item on the agenda is a request for a declaratory ruling. And what I'll do is I'll just give a brief history, background, and share the location of the original application. The original application was submitted by Gregory Mooers who was representing Mr. Anderson back in 2009. The special permit application number was 09-95. The location of the application or the subject property is within the Hamakua District of the Big Island. More specifically we're looking at Highway 19 running through the middle of the map. This is the Lakeland Subdivision just coming into Waimea. So this is just on the east side of Waimea within the Hamakua District. The subject property is identified with the black outline. The zoning is Agricultural 40 acres. At the same time that the application was filed we had a request for a petition of standing in a contested case hearing by Joanne Frederick who resides on this particular property near the subject application. She was granted standing and then subsequently after discussions with the applicant withdrew the contested case petition. This is an aerial photo, again, showing the subject property in this area and then the location of the Frederick’s property. This is a site plan showing the highway on the left side of the map and the covered arena, and again the area of the Frederick’s property. Here are some site photos. This is looking from the Highway towards the equestrian center. This is looking from the equestrian center towards the Highway. And this is the Highway looking towards the East, and towards the West. And this is the entrance to the Waimea Country Club which is just west of the subject property. The special permit request was to allow the operation of a weekly country market and occasional special events for nonprofit agencies within an existing covered equestrian arena. This was approved by the Planning Commission with conditions on April 1, 2010. Condition 6 stated “Special events are intended for community gatherings, meetings or events with the use or proceeds benefiting a charity, nonprofit organization, social or political fund-raiser or a worthwhile community case. No concerts or tourism related activities are permitted.” The request for a declaratory ruling was, is within the background information with a letter dated March 11, 2011 from Brian Anderson. And within that request he asks, he seeks assistance of the Planning Commission to clarify Condition No. 6, that a concert be defined as a music event that is promoted by a company, group, or individual that does not donate a minimum of 20% of gate proceeds to a 501(C)(3) Hawai‘i State nonprofit or local family in need. If 20% or more is donated to a 2 EXHIBIT A