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Ag-1 zoning right now is 45 feet. And by having this rezoning, then, of course, you have a
<br />reduction of, by 15 feet. This is not to say that that is the applicant’s plan; the applicant’s plan is to
<br />continue using it for the way it’s been using it for the last five or seven years, you know. But in the
<br />unlikely event at some point in time in the future, there is like, there are alternative uses for this
<br />area, then they are going to have to be capped at whatever the Zoning Code is, which is the 30-foot
<br />height limit.
<br />
<br />I think that’s pretty much like our portion of the presentation. So if there are any questions that the
<br />Commissioners may have, we would be more than happy to answer.
<br />
<br />BEAUDET: Commissioners, any more questions of the applicant? Okay, thank you. Since we
<br />open this part of the discussion, I have more people from the audience wishing to testify. So if I
<br />could please ask the applicant to step back, that will provide more seating. We had one more
<br />testifier signed up; Michael Richards, if you could please bring yourself to the front. So I’d like to
<br />swear in at this time Curtis Tyler and Michael Richards. Please raise your right hand, sir. Thank
<br />you. Do you swear or affirm to tell the truth now before the Leeward Planning Commission?
<br />
<br />TESTIFIERS: I do.
<br />
<br />BEAUDET: If we could just start from the far, my far left, or your far right, and, oh, okay, I’m
<br />sorry, special request for Mr. Tyler. If you could please introduce yourself, I know you’ve got some
<br />time constraints, and proceed with your testimony.
<br />
<br />TYLER: Thank you, Mr. Chairman, Members of the Hawai‘i County Leeward Planning
<br />Commission. My name is Curtis Tyler. I’m a lifetime resident of Kona, and I’m a co-owner of
<br />Parcel 13 of Kona Vistas, which is directly adjacent to and mauka of Walua, excuse me, the Old
<br />Kailua-Keauhou Road that some of us used to take to go to school in the morning when we went
<br />mauka, elementary school.
<br />
<br />I have no objection to the consolidation and rezoning. I have a very major objection to the use of,
<br />to the possible use as recommended by the Department of Public Works letter dated 8-28-14, which
<br />is in your informational packet and the background report, saying that the road would need to be
<br />widened, etc. When Orchid Isle Auto Center approached the County to purchase this one-acre
<br />property, a resolution was brought forward for that in accordance with the Hawai‘i County Code.
<br />As I recall, and I apologize that I don’t have the resolution in front of me but certainly your staff can
<br />find it, there is a provision for the use of the portion of the old road for any vehicular purpose and
<br />no access from Orchid Isle Auto Center, it is not permitted; it was a condition of the sale. And the
<br />reason for that is because this is a residential district, we don’t want a 50-foot road there, and there
<br />is a possibility, as stated in the resolution, and if you go back and look at the testimony, that this
<br />might be a continuation of the Walua Walkway Trail; it was never thought to use it as a roadway.
<br />So I would say that if that’s one of the conditions that the road be improved, I would ask the
<br />Planning Director to please go back and check with the County Council regarding the condition of
<br />purchase of the property. I also recall that there was a request, I can’t remember if it was a
<br />condition, that any moneys that were derived from the sale of the public property remain in the
<br />district in which the property was located.
<br />
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<br />EXHIBIT B
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