2005-06-17 KPC REZ04-033 SMA04-009

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YUEN:The eventual height is measured from the finished grade- the height of the building. The disagreement in brief the disagreement between us and the Applicant is whether you- they are proposing to bank essentially bank some land against one side of the building and then measure it from that raised embankment. We disagree with that as a basis for measuring the height of the building. GALDONES:Any further questions? Commissioner Graham? GRAHAM:One more plan issue. In the new Hawai i County General Plan that just came out in the land use element for North and South Kona. If I look in the Resort section since were looking at a rezoning for resort here under courses of action it says a) discourage strip resort development along Alii Drive. So that sounds a little contrary to what were doing here to me. Do you see it differently? YUEN:Iwouldsaythisis,thisjustbuildsontheexistingresortarea.Andits, you know in the end youre back dealing with the fact that you have a piece of property thats zoned for an RM building. That if you though were calling this its the resort zoning that theyre getting enables them to have some commercial activity on the- to have a larger commercial area on the ground level and slightly more units, multi-family units. So in essence what youre doing, were allow- although its a V zone were simply allowing a slightly larger multi-family building with some commercial. GALDONES:Commissioner Graham? GRAHAM:Didnt you just say like a half, you know right before lunch or something that essentially when you grant the zoning you grant all the rights within the zoning? Like when we were talking about the Kawaihae project so that even though a particular project gets a rezoning with a particular representation you were indicating that they have the full rights for the rezoning. So theyd presumably have the full rights for the resort rezoning in the long term over here also. Is that not right? YUEN:Thats correct. But at this, this also is within the SMA. So they have a SMA permit application for a residential building with some commercial so they would have to conform to the specifics of the SMA permit. In other words if they, if for example they wanted to convert this whole thing into a shopping center wed be, they still would have to come back with the SMA. GRAHAM:Right and we did go through that also earlier today about how the SMA has a limited range in which we can apply our criteria correct? YUEN:Right thats true. Its- my point was in describing in practical terms what were doing here. As what we have before us is an RM zoned property thats likely to be replaced by a similar building but with some commercial on the ground floor and a few more units. EXHIBIT E 8