2007-07-20 TKOHALA - Laserfiche WebLink

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to Jeff is a May 19, 2006 SHPD letter to Paul Rosendahl, April 28, 2006 SHPD letter to Paul Rosendahl, May 8, 2005 PHRI letter to SHPD, May 3, 2005 PHRI letter to SHPD. And to give some context in terms of the general area, this is property that is located just immediately makai of the Kohala Ranch project. We believe it is consistent with the General Plan and the Special Management Area Regulations in the area. In fact, when the project first came through the Planning Commission and the Planning Department, the County of Hawaii Planning Department’s recommendations stated the development will not have any significant adverse environmental or ecological effect. They also stated in that recommendation and report that “Although there will be a diminution of open space and alteration of the existing coastal viewplane the project as proposed would have no adverse impact to recreational and visual resources, access to and along the shoreline, nor coastal ecosystems”. The report went on to conclude that “The proposed development is consistent with the objectives and policies as provided by Chapter 205A, HRS, and Special Management Area Guidelines contained in Rule 9 of the Planning Commission Rules of Practice and Procedure.” It is our position that the Planning Director’s effort to down zone the private property without the fee owner’s consent in this case is not supported by law, nor procedure, nor the County General Plan. As you can see from the graphic up there on the site plan that the Planning Department staff has posted, it’s in an area of development very close to a Multi-Family Residential zoned area and immediately makai of something in the neighborhood of 800 acres of State Land Use Urban which is that yellow that you see, which is zoned for potential density of approximately 1490 residential units and a golf course. Whether they actually developed that project or not, I don’t know; but it has been zoned for about the same period of time. We don’t think that the proposed zoning or SMA permit for this particular project is out of line. We think it’s consistent with that area of North Kohala. In fact, this property is about 38 acres, round numbers. At RS- 15 zoning the total maximum density is something in the neighborhood of 110 lots. What we have the Special Management Area Permit for is only 50 lots. This particular client, Kohala LLC, has been in the process over the past year or so trying to determine, once we get the SHPD clearance for the archaeological sites and the burials as to where these preserved sites would be, it’s to then figure out what size of project he wants to do. We’re looking currently at something less than the 50 acres (sic) but we’re not sure yet. So I can’t any make commitments with that regard. But while we are essentially under attack on the entitlements, we really can’t move forward any further. Thus far we’ve secured water and an indication that the utility duct lines for the electrical have already been constructed under the Akoni Pule Highway to the project. We’ve recently made a request of the Kohala Ranch Water Company, which is a private water company servicing this area under, there’s an agreement between the surrounding properties, we’ve made a request for the water meters. And what happens after that is they will then send us what they call a “will serve” letter from the public utility company that basically says “We will service your project if you will build these certain water infrastructure improvements.” The Condition L of Ordinance No. 97-102 has already been satisfied by the submittal of the February 5, 1998 agreement to the County. We’ve satisfied the affordable housing requirements of Condition L. Condition M of the Rezoning Ordinance related to submittal of a data recovery plan for the archaeological issues, we’ve just recently completed all of the work for that. So now EXHIBIT A 7