HomeMy WebLinkAboutCOM 0485.012 2012-2014 Page 101 pe
Murashige, Laura
From: Jason K. Knable [jknable @carlsmith.com] NN« EP ( I P4 Ii: 27
Sent: Tuesday, February 11, 2014 3:30 PM
To: 'counciltestimony @co.hawaii.hi.us'
Cc: dkauka @co.hawaii.hi.us
Subject: Hualalai Partners-Testimony on Bills 143 and 144; opposition to Comm. 485.9, Comm 485.10,
and Comm 485.11
Attachments: Hualalai Partners-Testimony on Ford proposed amendments to Bill 144.pdf
Jason K. Knable
Paralegal I Carlsmith Ball LLP
121 WAIANUENUE AVENUE,HILO,HI 96720
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2/11/2014
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058108-00002
February 11, 2014
The Honorable J Yoshimoto, Chair and
Members of the Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Chair Zendo Kern
and Members of the Hawaii County Committee on Planning
25 Aupuni Street
Hilo, Hawaii 96720
Council Member Brenda Ford
West Hawai`i Civic Center, Bldg. A
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai`i 96740
Re: Hualalai Partners LLC Proposal re:
Proposed Amendment to Bill 144-Change of Zone Application(REZ 13-
000164), Request: A-5a to RS-15
Applicant: Hualalai Partners of Kona, LLC
Tax Map Key: (3) 7-5-017:043: Puapua'a 1st. North Kona District, Hawaii
Dear Chair Yoshimoto, Chair Kern and Members of the Committee on Planning, and Ms. Ford:
On behalf of the Applicant, Hualalai Partners of Kona, LLC ("HPK") we respectfully
request that the County Council reject the proposed amendments to Bill 144 proposed by
Councilwoman Brenda Ford. As of this date,we understand that Ms. Ford has submitted a series
of Communications (Comm. Nos. 485.9, 485.10 and 485.11), all with proposed amendments to
Bill 144. We may not have received all of Ms. Ford's Communications at this time, but our
objections below apply to all.
First, Ms. Ford's proposed revisions to Bill 144 are neither reflective of any previous
discussions concerning the proposed change of zone application to this Project, nor do they
address the suggestion from Council members to the applicant at the last Planning Committee
meeting to find a way to implement road safety improvements to the entire length of Hualalai
Road fronting its Project, including the offsite Parcels 11 and 30 which abut the Project.
HONOLULU • HILO KONA MAUI • GUAM • Los ANGELES
4835-4841-8072.4.058108-00002
The Honorable J Yoshimoto, Chair
February 11,2014
Page 2
Second,the proposed revisions by Ms. Ford do not comply with the legal requirements
for amendments to the Hawaii County Zoning Code and Subdivision Code. The proposed
amendment to Condition C to require the applicant to provide a performance bond with
escalation provisions is not in the bonding requirements of HCC Chapter 23 (Subdivision). The
proposed amendment to Condition G regarding road improvements is contrary to the law
because it is unconstitutionally vague and unclear as to what the requirements consist of, which
violates the applicant's due process rights. The proposed amendment to Condition L regarding
imposing a "100-year flood control system" at the Project is inconsistent with HCC Chapter 27
(Floodplain Management). The proposed amendment to Condition new R is inconsistent with
HCC Chapter 25 (Zoning), as it proposes lots of 5,000 square feet within RS-15 zoned land,
without a PUD approval. The proposed amendments to new Condition S are inconsistent with
HCC Chapter 11 (Housing), as they reallocate the responsibility for administering affordable
housing from the County Office of Housing and Community Development to the Council.
Lastly, the revisions by Ms. Ford to Condition C which require personal guarantees and payment
of all legal fees by the applicant are contrary to the Hawai`i County Charter and Hawaii County
Code.
For the above reasons, the applicant Hualalai Partners of Kona, LLC, respectfully
requests that the County Council reject the proposed amendments by Ms. Ford as noted above.
If you have any questions please feel free to contact me.
Sincerely,
en S.C. Lim
cc: Hualalai Partners of Kona, LLC
4835-4841-8072.4.058108-00002