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about 1,400 feet north of the Queen Ka`ahumanu Highway - Kuakini Highway intersection, <br />Puapuaaiki 1St and Puapuaanui 1St, North Kona, Hawai `i, TMK: (3) 7-5-017:001. <br />Secretary's Note: "- - -" indicates that there were technical and/or internet difficulties, which made <br />the conversation inaudible. <br />CARR SMITH: We are moving on to Agenda Items 4 and 5 of which I will read into the record. <br />We know these are long: <br />Agenda Item No. 4, the applicant is Suffolk Investment LLC. It's AMEND REZ 2004-000024. <br />This is a continued hearing on the application to amend Condition B, Time to Pay Water Deposit; <br />Condition C, Time to Complete Construction; Amend Condition D, Delete Rental Housing <br />Restriction; Amend Condition E, Delete Requirement for- Supplemental TIR, TIAR; Amend <br />Condition F, Roadway Improvements; Condition H, -Location of -Spine Road within the Project Site; <br />Condition I, Kuakini Highway Improvements; Condition U, Requirement of a 5 -acre School Site and <br />Improvements; Condition V, Fair Share; Condition X, Affordable Housing Requirement and Change <br />Housing Program Approving Authority; and, Condition Z. Administrative Time Extension. This is <br />all of Ordinance No. 05-113, which reclassified the -14.872 -acre .property from Agricultural -5 acres <br />to Multi -Family Residential -2,500 square feet in 2005: 'Subject,property is located, west of Queen <br />Ka`ahumanu Highway and east of Kuakini_.Highway aiid-the Kahakai Estates Subdivision, <br />approximately 2,200 feet north of the Queen Ka`ahumanu-Highway-Kuakini Highway intersection, <br />Puapuaaiki 1St, North Kona, Hawaii. TMK is (3) -7--5-017:0'19. <br />Agenda 5, the item agenda No.- 5 -is the applicant Puaa Development.LLC. This is AMEND REZ, <br />Rezone, 2004-000025-: This is a .continued hearing .on an application to amend Condition B, Time to <br />Pay Water Deposit; Condition C, Time to Complete" Construction; Condition E, Delete Requirement <br />for Supplemental Traffic Study; Condition F, Roadway Improvements; Condition H, Location of <br />Spine Road; Condition I, Kuakini Highway --Improvements; Condition V, Requirement for a 5 -Acre <br />School Site and Improvements;:.Condition W,- Fair Share Contribution; Condition Y, Affordable <br />Housing Timing; Condition. Z, Housing; and, Condition BB, Administrative Time Extension, of <br />Ordinance No. 05-115. This"'ordinanc-6 .reclassified the 14.973 -acre property from Ag -5 to <br />Neighborhood -Commercial -2,000 [20;000.] square feet in 2005. Subject property is located west of <br />Queen Ka` ahumanu Highway and_ the Pualani Estates Subdivision, and about 1,400 feet north of the <br />4, <br />Queen Ka`ahumanirHighway-Kuakini Highway intersection, Puapuaaiki 1St, North Kona, Hawaii. <br />TMK is (3) 7-5-017:001;. <br />Okay. Before we get into,the staff presentation, I want to take a moment to mention a concern that I <br />have; we received written testimony from Commissioner Van Pernis that caused me to think that the <br />Commissioner could have a conflict of interest in this case. Mr. Van Pernis, do you feel that you can <br />be fair and impartial in this case? <br />VAN PERNIS: I don't know what conflict of interest you are referring to. I'm sure I could be fair <br />and impartial. If you are referring to the deposition of Mr. Cook that I took, I took that on behalf of <br />[inaudible] Watson. I did not represent Mr. Cook, would not represent Mr. Cook. I saw first <br />Mr. Cook at that time. That was five or ten years ago. So, I, there's certainly no conflict of interest <br />here. <br />2 <br />