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<br /> <br /> <br /> <br /> <br /> CARLSMITH BALL LLP <br /> <br /> A LIMITED LIABILITY LAW PARTNERSHIP <br /> 121 WALINUENUE AVENUE <br /> P.O. Box 686 <br /> HILO, HAWAII 96721-0686 <br /> TELEPHONE 808.935.6644 FAx808.935.7975 <br /> W W W.CARLSMITH.COM <br /> <br /> SLIMC.CARLSMITH.COM OUR REFERENCE NO.: <br /> 058825-1 <br /> N <br /> February 27, 2008 co <br /> ^_n <br /> T <br /> ZC m rA <br /> N` <br /> Pete Hoffmann, Chairman VIA EMAIL AND U.S. MAC' pp <br /> Hawaii County Council PHOFFMANN@CO.HAWAII.'HI.US <br /> Angel Pilago, Chairman VIA EMAIL AND U.S. MAIL qp <br /> Committee on Planning KAPILAGO@CO.HAWAL H11 ti <br /> 25 Aupuni Street, Suite 209 s <br /> Hilo, Hawaii 96720 <br /> Re: Communication 998, Bill 237 <br /> REZ 07-000067/REZ 866: (1) Planning Director Initiated Change of Zone <br /> for 37.88 Acres of Land From Single-Family Residential 15,000-Square Foot <br /> RS-15) to a Residential and Agricultural 5-acre (RA-5a) District; and <br /> (2) Repeal of Ordinance No. 97-102, Which Rezoned 37.88 Acres of <br /> Land From an Agricultural 5-acre (A-5a) to a <br /> Single-Family Residential 15.000-Square Foot (RS-15) District <br /> Dear Chairman Hoffmann, Chairman Pilago and Members of the Hawaii County Council: <br /> <br /> We represent Kohala LLC ("Kohala"), the owner of approximately 37.88 acres of <br /> land located at Tax Map Key (3) 5-9-001: 008 (the "Subject Property"). Very soon the Hawaii <br /> County Council will be presented with the Planning Commission's unfavorable recommendation <br /> on the Planning Director's proposed repeal of Ord. No. 97-102 and downzoning of the Subject <br /> Property. The Planning Director failed to get Planning Commission support for the proposed <br /> downzoning, so it will be sent to Council with an unfavorable recommendation. Kohala urges <br /> the Council to vote against the Planning Director's proposed downzoning, which has the <br /> ignominious distinction of being the only downzoning pursued by the Director in the face of <br /> vigorous landowner opposition. <br /> <br /> Not only would the enactment of the proposed downzoning violate Kohala's rights <br /> of substantive due process and equal protection under the laws, Council consideration of these <br /> Director-initiated zoning amendments is premature. The Planning Director's proposed change of <br /> zone and repeal of Ord. No. 97-102 are among the five zoning and Special Management Area <br /> related amendments that have been before the Planning Commission since July 2007, three of <br /> <br /> 0061tnc W q 9 2?• 2- <br /> Ref To: <br /> Ref, Date FEB 9. R 7= <br />