HomeMy WebLinkAboutCOM 0485.017 2012-2014 COUNTY CLERK
COUNTY OF HAWAII
RECEIVED
Time "1--: By ,
Date 2-11.1s-1 t4-
HAWAII COUNTY COUNCIL HEARING —WEST HAWAII CIVIC CENTER
Tuesday, February 18, 2014 @ 1:45 pm
Re: Hualalai Partners, LLP,
Rezoning Request from Agriculture to Urban R-15
I addressed the Council on December 3, 2013 regarding this
application, having focused my remarks on issues of public safety. Today
I speak in support of Councilwoman Ford's proposed Amendments to Bill
No. 144, dated January 23, 2014. More, particularly, the subject of
developer responsibility for providing completion bonding for the project's
infrastructure and access to and from Hualalai Road.
Given the County's recent experience with Hokulia and involving so
called "experienced" and "responsible" developers with a history or track
record of successful development, I find this applicant's resistance to a
bonding requirement(see Mr. Lim's letter of February 11, 2014) to
speak volumes in terms of its bona fides, let alone its ability to complete
the project as currently proposed including any amendments the Council
deems appropriate.
Counsel for applicant's characterization of Ms. Ford's bonding
amendment as "not [contained] in the bonding requirements of HCC
Chapter 23 (Subdivisions)" is not only questionable (see HCC §§ 23-82;
23-83), it is quite beside the point since counsel does not, and perhaps
cannot, cite any law which precludes the County from imposing such a
requirement.
Comm. No. q 8 r• ,r7
Ref. To: FG
Ref. Date Ftld 1 8 2014
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HAWAII COUNTY COUNCIL
FEBRUARY 18, 2014
PAGE TWO
Given the applicant's apparent lack of development experience in a
project of this nature or magnitude — community members pointedly asked
applicant at a neighborhood meeting to describe similar development
experience; none was forthcoming — upon what assurances can this
Council rely on applicant's representations that this project will be
completed as approved once concessions sought have been granted?
Certainly, a completion bond sufficient to ensure proper infrastructure
(roads, water, drainage, etc.) should be a baseline requirement.
While bonding is a cost factor which developers may wish to avoid,
does the absence of same in this case serve county and community
interests, particularly in view of the three (3) other proposed developments
contiguous to Hualalai Partners' project? (See former planning director
Chris Yuen's letter to the Leeward Planning Commission dated
September 23, 2013).
Other important amendments contained in Ms. Ford's proposal
have met with similar resistance by applicant's counsel. The County
should obtain an unbiased legal opinion regarding Ms. Ford's proposed
amendments before rejecting them.
A I
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Edward H. Schulman (808-326-200 •
rezoning.8 P.O. Box 1750, Kailua-Kona, Hawaii •6745