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application quite a while ago. We voted, at that time, a denial of this application. That vote was appealed by the applicant to the Circuit Court; and the Circuit Court has remanded it back to us; and maybe I’ll leave it to Mr. Torigoe when he wants to explain a little more clearly the basis for the remand. This did come up to us on a prior agenda item recently, but because we didn’t have all the final court documents that sort of made it right for us to proceed with it, we’ve continued it till today. So that’s the general background. Jeff, could you give us a little more, please. DARROW: Thank you, Mr. Chairman. You covered the majority of it but if I can just give a brief presentation. If I can direct the Commission’s attention to our location map. The area of this application is within the North Kona District. More specifically, we’re looking at Alii Drive, running in a north-south direction. We have the proposed Keauhou to Kahului Parkway or the Alii Parkway running through the middle of the map. And on the top we have Kuakini Highway, again, all running parallel in a north-south direction. The red line through Kuakini Highway is the Special Management Area line. The application is located makai of that line and is within the Special Management Area. The area of the application is identified with a blue dot. This is in between Alii Drive and the Keauhou to Kahului Parkway. This is located mauka of the Kona Magic Sands Condominium, just south of the Magic White Sands Beach; and, again, it’s identified with a blue dot. The brown on the map illustrates the zoning for this property, which is Multiple Family Residential 3,500 square feet. The applicant in this case, D-Bar Ranch, or D-Bar LLC, is requesting a Special Management Area Use Permit to allow 120 condominium units. These will be proposed 15 two-story structures identified in yellow on the applicant’s plot plan. The applicant is proposing to have a height limit of 35 feet. This will also include related uses such as parking and other infrastructure uses. Access at this time is proposed from Alii Drive identified on the lower portion of the map. On the upper portion of the map you do see the proposed Kahului to Keauhou or Keauhou to Kahului Parkway. That’s just above this project. Again, as the Chairman had mentioned, on August 25, 2006 the Planning Commission had denied the applicant’s request for a Special Management Area Use Permit. The applicant had appealed that decision to the Third Circuit Court, and it has been remanded back to the Planning Commission for further proceedings. The applicant has, since the Third Circuit Court appeal, the applicant has submitted a cultural impact assessment study. This is dated April 24, 2007. Additionally, there is a memorandum to Sidney Fuke from Tom Nance. The subject is “Adverse Impact of the Proposed White Sands Project on Nearshore Water Quality,” this is dated June 25, 2007. And, lastly, we have a Traffic Impact Analysis Report that is dated June 2007. Lastly, our last Planning Commission hearing on this matter was continued because the Planning Commission did not receive the Findings of Fact, Conclusions of Law and Order reversing the decision; and since our last hearing we have received a copy of that. That is, the file date on this is August 24, 2007; and that should have been distributed to the Planning Commission Thank you, Mr. Chairman. Are there any questions? EXHIBIT B 2