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HomeMy WebLinkAboutCOM 0998.016 2006-2008CARLSMITH BALL LLP A LIMCIED LIABILITY LAW PARTNERSHIP .~ j{r'i"~' ;1 ! i _ 1~~ Sgt WAIANUENUE AVENUE P.O.BOx686 ?ppg SEP 9 APl 11 26 Hao, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 ~.,iJU:'I' ` r~-~~`~~~~' WWW.CARLSMTCH.COM I:,OUN-f`: ~ ~~= y;'n{rill SLIM~CARLSMITH.COM September 9, 2008 HAND DELIVERY Pete Hoffmann, Chairman Hawaii County Council K. Angel Pilago, Chairman Hawaii County Council Committee on Planning 333 Kilauea Avenue, 2nd Floor Hilo, Hawaii 96720 Re: Kohala LLC -Bill No. 237 (Draft 2); Communication 988.13 Tax Map Key (3) 5-9-01:008 (37.88± acres) at North Kohala, Hawaii Planning Director Initiated Repeal of Ordinance No. 97-102 and Downzoing From RS-15 District to RA-15a District• and Repeal of Ordinance No 97-102 Dear Chairman Hoffmann and Chairman Pilago: On September 8, 2008, on behalf of the Applicant Kohala LLC we transmitted to the Hawaii County Council our position regazding the numerous legal defects with Bi11237 Draft 2 During the course of discussion related to this Bill and recommendations provided by the Planning Director in Communication 998.13, we understand that the Council may contemplate taking action in Bi11237 Draft 1 (its original RA-Sa version). This possible course of action would add the following legal defects to Bi11237: Bi11237 in its original Draft 1 version is not an agenda item and therefore cannot be considered at the September 10, 2008 meeting. Consideration of Bill 237 Draft 1 would require additional review by the Planning Commission. Comm Na ~J' , /(. Ref. To: ~~• Ref, Date P 1_ 0_ Z~~ HONOLULU ~ KAPOLEI ~ HILO ~ KONA ~ MAUI GUAM ~ $AIPAN ~ COS ANGELES Pete Hoffmann, Chairman September 9, 2008 Page 2 Due to unavoidable commitments off-island, I will be unable to attend the Hawaii County Council hearing on September 10, 2008 and again request that the County Council take these additional serious legal issues into consideration and vote against Bill 237 Draft 2. Sincerely, SSLslkl Steven S. C i asia-sazo-vaio. i.osaszs-ooooi