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Gregory Mooers representing the applicant noted that the Department of Public Works <br />changed its position from a no access point off of Kaloko Drive <br />light of the fact that there would be considerable disruption of the forest to have both lots <br />access off Kapehe Street. <br />LunakanawaiÓs testimony was submitted into the record (See Exhibit A). <br />There was no one from the testifying on the application. <br />It was moved by Commissioner Kubota and seconded by Commissioner Mina that the <br />public hearing be closed. Motion was unanimously carried by a voice vote of all <br />Commissioners in attendance. <br />It was moved by Commissioner Kubota and seconded by Commissioner Mina to send a <br />favorable recommendation to the County Council based on and incorporating the <br />Planning DepartmentÓs recommendation, with Condition E amended to read, ÐRestrictive <br />covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall <br />specify and uphold the easements and setbacks set forth in Condition D. The restrictive <br />covenant(s) shall also specify that, including the area comprising the forest reserve <br />easements described in Condition D, no less than eighty percent (80%) of the entire lot <br />area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with <br />the Bureau of Conveyances shall be submitted to the Planning Director for review and <br />approval prior to the issuance of Final Subdivision Approval. A copy of the approved <br />covenant(s) shall be recited in an instrument executed by the applicant and the County <br />and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision <br />Approval;Ñ Condition I deleted; subsequent conditions realphabetized accordingly; and <br />changing any reference of 50 percent to 80 percent of the lot area to be retained in <br />forestry. A roll call vote was taken and motion carried with seven ayes (Kubota, Mina, <br />Smith Thibadeau, Graham, McCall, and Springer) and two absent and excused (Fujikawa <br />and Galdones). <br />SLU 03-007/REZ 03-018The Commission took this item up at 10:10 a.m. with <br />NANI KONA AINA, LLC.approximately 40 people from the public in attendance. <br />HIENALOLI, <br />NORTH KONA <br />APPLICANT: NANI KONA AINA, LLC (SLU 03-007/REZ 03-018) <br /> <br />a.State Land Use Boundary Amendment for 14.533 acres from the Agri <br />the Urban district. <br /> <br />b.Change of Zone for 14.533 acres from the Agricultural 5-acre (A-5a) to the Single <br />Family Residential Î 10,000 square foot (RS-10) district. <br />The property is located along the west (makai) side of Hienaloli Î Kahului Road, adjacent <br />to and north of the Kona Heights Subdivision Î Unit II, Hienaloli, North Kona, Hawaii, <br />TMK: 7-5-10:66. <br />(SEE EXHIBIT B) <br />5 <br /> <br />