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CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE - _ P.O. Box 686 ~ HILO, HAWAII 96721-0686 TELEPHONE (808) 935-6644 FAX (808) 935-7975 W W W.CARLSMITH.COM D[RECT DIAL NO. OUR REFERENCE NO. (808)935-664 054151-00003 July 26, 2002 HAND DELIVERY County Council Christopher Yuen County of Hawaii Planning Director 25 Aupuni Street, Room 209 County of Hawaii Hilo, Hawaii 96720 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attn: Norman Hayashi Re: Bill No. 163 (Comm. 493) -Proposed Ordinance Adopting the County of Hawaii General Plan and Repealing~Ordinance No. 89-142, As Amended Dear Councilmembers and Mr. Yuen: On behalf of our client, Continental Pacific, LLC, we object to one of the revisions to the County of Hawaii General Plan proposed in the above-referenced Bill that is currently under consideration by the County Council. The Bill would change an area in the vicinity of Pepeekeo at TMK (3) 2-8-007: 053 from "Intensive Agricultural" and "Extensive Agricultural" to "Industrial" on the General Plan Land Use Pattern Allocation Guide ("LUPAG") Map. This proposed revision is labeled "B-2" on the attached LUPAG Map. As you may be aware, Continental Pacific's plans for developing the area into agricultural and residential lots are already established and in process, pursuant to the Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC Lands dated April 12, 2002, by and between Continental Pacific and the County of Hawaii. Tentative approval of Continental Pacific's preliminary plat map for SUB 2002- 0043, the Pepeekeo Makai Lands, was granted on July 22, 2002. In addition, Continental Pacific will soon be submitting applications to rezone a portion of TMK (3) 2-8-0~0~7~: 053 i~~o HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C: MExlco ,It1L ~ :r ~s