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CARLSMITH BALL LLP <br />A LIMITED LIABILITY LAW PARTNERSHIP <br />121 WAIANUENUEAVENUE <br />P.O. Box 686 <br />HILO, HAWAII 96721-0686 <br />TELEPHONE 808.935.6644 FAX 808.935.7975 =. <br />WWW.CARLSMITH.COM M- <br />KCARSONP, CARLSMITH.COM <br />December 16, 2024 <br />VIA E-MAIL COUNCILTESTIMONY(a,HAWAIICOUNTY.GOV <br />Ms. Heather Kimball, Chairperson <br />and members of the Committee on Legislative Approvals and Acquisitions <br />25 Aupuni Street <br />Hilo, Hawaii 96720 <br />Re: Bill No. 199 (Change of Zone Application PL-REZ-2022-000039) <br />Proposed Conditions of Approval <br />Applicant Ka`upulehu Land LLC <br />Tax Map Key No.: (3) 6-4-024-027, Waimea, South Kohala, Hawaii <br />Dear Chair Kimball and Members of the Committee on Legislative Approvals and Acquisitions: <br />The undersigned are the attorneys for the Applicant, Ka`upulehu Land LLC, who, along <br />with Land Use Planning Consultant, Daryn Arai, are assisting the Applicant with the above <br />referenced re -zoning and its companion State Land Use District Boundary Amendment (Bill <br />198). On behalf of Ka`upulehu Land LLC, we would like to offer the attached document that <br />presents proposed conditions of approval: (1) as recommended by the Planning Director (with a <br />slight modification to Condition G which was suggested by the State of Hawaii Department of <br />Transportation and approved by the Planning Department); (2) which address additional <br />dwelling units (ADU) as the County Council recently passed Bill 123 (amending the Hawaii <br />County Code relating to `Ghana Dwelling Units); and (3) which address project design <br />consistency with the Waimea Design Plan. <br />Ka`upulehu Land LLC believes that these proposed conditions, along with those <br />recommended by the Planning Director through the issuance of favorable recommendations of <br />Change of Zone (Bill No. 199) (attached) and its companion bill, the State Land Use District <br />Boundary Amendment (Bill No. 198), will provide the Committee with assurance that approval <br />of these bills will align with the policies and standards of both the General Plan and the South <br />Kohala Community Development Plan. <br />HONOLULU HILO KONA <br />MAUI <br />