2013-02-21 Leeward Exh A - Director Initiated Amend re PUD

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us, you know, when we look at it, if the ownership is not 100 percent, then we process them separately, because they are separate owners, they are separate entities. MADSON: But if title changes to all those parcels all on the same day, and two of them happen to be a father and a son, you know their whole intent of this is to defeat the intent of the Land Use Commission. LEITHEAD TODD: I can’t look at what people’s intent is; I can look at what the paper is in front of me, and if the ownership is separate, then we process it. And -. MADSON: Okay, and you approve it. Is that automatic -? LEITHEAD TODD: And the zonings, the four that you are speaking about, we recommended denial of two, but not based on ownership; we recommended denial of two based on the community development plan. The four parcels that we are alluding to, we recommended denial. We recommended that the state land use classification should go to Urban, because given the area and with the fact that it was within the Kona Urban Area, we said that the classification should be Urban. But we recommended denial of the rezoning, because it was not consistent with the community development plan, on the bottom two 15-acre parcels. MADSON: Okay -. GIFFIN: Mr. Madson, does that conclude your questioning -? MADSON: I’m sorry it doesn’t. My next question has to do with any studies that are done and reviewed by the Planning Department or the Council about height limitations that affect visibility and the adequacy of the entrance and exit and traffic on – since we are talking about the four parcels – on Hualālai Road, because I know that in one intersection where I turn down the street to go down to my house, if the weeds are over five feet tall, it’s like cross yourself before you make a left turn. There’s no Stop signs. I mean it’s a shot in the dark, and people are coming down the road at 35 miles an hour, and it takes you, you know, 15 seconds to get across the lane, and you just pray there is no one coming. So if there is any high building that obstructs your visibility -. And I know (indecipherable) the proposed road is supposed to enter onto Hualālai Road, you know. I just want to know what kind of analysis has been done to analyze that. LEITHEAD TODD: Well, not that it’s germane to this specific bill, but when plans come in, they are reviewed by DPW for sight distance, and they are supposed to be looking at where the roads should go, and they typically have to -. If it’s a state highway, the state has to approve the intersection. If it’s a county highway, then the county Department of Public Works has to approve where the road is. And we try to maintain the weeds within our right-of-way. Unfortunately, we can’t do a lot for privately owned land, if the brush goes up. But, typically, the right-of-way should have enough of a design and we should be taking care of the weeds within the right-of-way so that you have some visibility. And if there is a problem within the county right-of-way or visibility, I would suggest reporting it so we can try and address it, if you have a concern specifically -. MADSON: You mean after the fact? After a house is built that obstructs visibility? LEITHEAD TODD: Well, houses have setbacks, you know, and -. 18 EXHIBIT A