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- - CARLSMITH BALL LLD A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUEIYUEAVENUE ~V6J~ FEB 1 PM 2 45 P.O. Box 686 ~v HILO, HAWAII 96721-0686 COU",, TELEPHONE808.935.6644 FAx8Q8.935.7975 r0W', ?°},iNr+U W W W.CARLSMrrFi.COM SLIMSCARLSMITH.COM OUR REFERENCE NO.: 056825.1 February 1, 2008 Casey Jarman Hawaii County Council-Clerk 25 Aupuni Street, Hilo, Hawaii 96720 Re: Planning Director (REZ 07-000067/REZ 866): (1) Planning Director Initiated Change of Zone for 37.88 Acres of Land From Single-Family Residential 15,000-Square Foot (RS-15) to a Residential and Agricultural 5-acre (RA-5a) District; and (2) Repeal of Ordinance No. 97-102, Which Rezoned 37.88 Acres of Land From an Agricultural 5-acre (A-5a) to a Single-Family Residential 15.000-Square Foot (RS-15 District Dear Ms. Jarman: We represent Kohala LLC ("Kohala"), the owner of approximately 37.88 acres of land located at Tax Map Key (3) 5-9-001: 008 (the "Subject Pioperty"). In connection with the Planning Commission's ("Commission") hearings on the above referenced Planning Director initiated proposed repeal of Ord. No. 97-102 and downzoning of the Subject Property (collectively the "Downzoning"),1 am writing to inform you of deficiencies in the public notice required under Hawaii County Code, § 25-2-43 (c). In addition to public notice defects, Kohala was not properly noticed on all Commission hearings, as required by Haw. Ct. Code § 25-2-43 (d). Finally, Kohala is not aware of any sign posting for the proposed Downzoning, as required by Haw. Ct. Code § 25-2-12 and Planning Commission Rule 11-4. As a result of these defects, the Downzoning cannot now be heard by the Hawaii County Council. Instead, the Downzoning must be returned to the Commission for further hearings, which will have to be properly noticed. Kohala recognizes that these jurisdictional Gomm. Mo q - Ref. To: Ref. Date 2Q0