2012-03-01 Windward Transcript Graphic Images

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Corporation Counsels met to discuss this and came up with a solution, and then Mr. Yeh submitted a st letter on February 21 which you should have. So as part of that solution the Planning Director would like to suggest a change or revision to the Ordinance. You should have a yellow sheet that I just passed out to you. You’ll see that the heading on the Ordinance refers to all five properties, because those were all covered under the original rezone. And then if you read Section 2 it says the “The following amendments to Ordinance No. 99 116 shall apply only to TMKs 31, 32, 35 and 37.” So you’ll notice that Lot 3 would not be affected by any recommendation and bill that you forward up to the County Council. What this does is it allows the applicant to proceed with their request for their property, but it preserves the rights and entitlements for the owner of Lot 3 so that if a successor/trustee is ever identified they have those preserved rights in place for their property. So if the Commission is comfortable with proceeding with this application, with the proposed revision to the Ordinance, I can either answer questions or I can do another presentation to refresh your memory on the property. KERN: Okay, any questions for staff regarding this? Does anyone desire to go through a more formal presentation? Looks like not. Thank you, Maija. What we’ll do is maybe give each, the applicant and the testifier’s representative, Sandy, a quick chance to go over kind of how it was worked out; and then we’ll move into the formal process. So we’ll start with the applicant’s representative. YEH: Thank you, Mr. Chairman, Members of the Commission. Basically staff, Maija, did a great job in summarizing what the context of the discussion was. What we did is we did provide that letter to the Commission just so you can understand some of the legal context pursuant to which this proposed condition has now been circulated. So I didn’t want to go further than that cause I think we just wanted to provide the Commission with some background on what the ordinance and the statutes allow the Commission to do, so it felt had a certain comfortable level, so to speak, with what has now been proposed by staff. So from a procedural perspective we’re fine with what has been submitted. KERN: Okay. A little housekeeping here. I’ll swear you in real quick. YEH: Oh, thank you. Sorry. KERN: Raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? YEH: Yes, and I did so far also. KERN: I bet you did. Thank you very much. Great. And then I’ll call you back up when we actually get to the formal application. Sandy, would you like to, a chance to come to speak to that? This is kind of separate than the public testimony side of it which I have at the beginning of the meeting. I’ll limit it to three minutes, being that I thought there would be a lot more testimony with the lengthy agenda that we have. So this is just talking about the process in which -. Do you swear to tell the -? 2 EXHIBIT E