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no second. A roll call vote on the main motion was taken, and it carried with five ayes <br /> (Newberg, Kealoha, Unger, Vitousek and Carr Smith), one "present" abstention (Van Pernis), no <br /> noes and one excused (Yates). <br /> [SEE HEARING TRANSCRIPT EXHIBIT AJ <br /> NEW BUSINESS <br /> 2. APPLICANT: BNP PARIBAS VPG BROOKLINE CRE, LLC (REZ 19-000238) <br /> Application for a Change of Zone from a Single-Family Residential-7,500 square feet <br /> (RS-7.5) and Multiple-Family Residential-3,500 square feet(RM-3.5)to Residential and <br /> Agriculture-3 acres (RA-3a) and Single-Family Residential-20,000 square feet(RS-20) <br /> zoning district for 29.949 acres of land. The subject property is located east and west of the <br /> La`aloa Avenue extension between La`ela`e Street and Kuakini Highway, Pahoehoe 2nd <br /> North Kona, Hawaii, TMKs (3) 7-7-008:120 and 124. <br /> The Commission took up this item at 9:49 a.m., with approximately 25 people from the public in <br /> attendance. Two public members provided testimony against this application. <br /> Action: It was moved by Commissioner Unger and seconded by Commissioner Newberg that a <br /> favorable recommendation be forwarded to the County Council on the application of Change of <br /> Zone, Docket No. REZ 19-000238, based on the Planning Director's recommendations, which <br /> shall be adopted. A roll call vote was taken, and the motion carried with six ayes (Unger, <br /> Newberg, Kealoha, Van Pernis, Vitousek and Carr Smith), no noes and one excused (Yates). <br /> [SEE HEARING TRANSCRIPT EXHIBIT BJ <br /> 3. APPLICANT: DANA KERN (SPP 19-000204) <br /> Application for a Special Permit to legitimize the conversion of an existing garden store to be <br /> used as a K-8 private school for up to 49 students on 3.281 acres of land situated within the <br /> State Land Use Agricultural District. The subject property is located at 74-4820 Mamalahoa <br /> Highway, at the intersection with Palani Road, Honok6hau 1st, North Kona, Hawaii, <br /> TMK: (3) 7-4-006:012. <br /> The Commission took up this item at 10:11 a.m., with approximately 23 people from the public <br /> in attendance. One public member provided testimony in support of this application. <br /> Action: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that <br /> the application for Special Permit, Docket No. 19-204, be approved based on the Planning <br /> Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion <br /> carried with six ayes (Vitousek, Kealoha, Newberg, Unger, Van Pernis and Carr Smith), no noes <br /> and one excused (Yates). <br /> [SEE HEARING TRANSCRIPT EXHIBIT Q <br /> At 10:20 a.m. Chair Carr Smith called a recess. The meeting was reconvened at 10:30 a.m. <br /> 2 <br />