HomeMy WebLinkAbout2024-06-29 Email Katherine Garson Kapulehu Land SLU App (Inadvertently not given to LPC) From: Katherine A.Garson
To: Jackson. Maiia
Cc: Andrews.Jessica; Kern.Zendo; Darrow.Jeff;Chang. Kelsie;Onaona P.Thoene; LPCtestimonv
Subject: RE: Kaupulehu Land LLC State Land Use Boundary Amendment application
Date: Saturday,June 29,2024 4:06:45 PM
Importance: High
Maija,
Thank you for the information. Given the below, the Applicant requests that the PL-REZ-2022-
000039 ("Rezoning Application") also be placed on the July 18, 2024 agenda such that the
unfavorable recommendation taken at the June 20, 2024 meeting on the Rezoning Application could
be rescinded if the Commission so decides.
As you know the 3-3 vote on PL-SLU-2022-000008 resulted in the subsequent unfavorable motion
and vote on the Rezoning Application. Commissioner Dean Au specifically said that he did not
support the unfavorable recommendation on the Rezoning Application but stated that he would
vote "yes" on the unfavorable recommendation to move it forward to the County Council (the
Commissioners were informed that the lack of a majority vote on PL-SLU-2022-000008 meant that it
would be forwarded to the County Council as an unfavorable recommendation but without
comment). Thus, it would be patently unfair for the Applicant if the motion on the Rezoning
Application was not also agendized for possible rescission/reconsideration. To the extent that the
Applicant needs to consent to the extension of time for the Rezoning Application to be properly
acted upon, the Applicant provides its consent.
As we discussed, Rule 1-5 of the County of Hawaii Planning Commission Rules states that the
parliamentary procedure to be utilized by the Commission in the conduct of its own meeting shall be
based on the current edition of Roberts Rules of Order. Section 35 of the 12th Edition of Roberts
Rules of Order provides for motions to rescind. There is no time limit on the making of the motion
after the adoption of the measure to which they are applied.
Regardless of whether a motion to rescind or some other motion is made, if the Rezoning
Application is not agendized with the PL-SLU-2022-00008, then the Leeward Planning
Commissioners will be denied the opportunity to fairly consider PL-SLU-2022-00008 as the request
for the SLU District Boundary Amendment is part of the same project request as is the Rezoning
Application.
Thank you for your consideration.
Kathy
KATHERINE A. GARSON
Partner I Carlsmith Ball LLP
Carlsmith Ball
A UlAtTE6 UA&iLJV LA"PARTN"E45HIF
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Hilo, HI 96720
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Honolulu - Hilo - Kona - Maui
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From: Jackson, Maija [mai Ito:Maija.Jackson@hawaiicounty.gov]
Sent: Friday, June 28, 2024 3:20 PM
To: Katherine A. Garson
Cc: Andrews, Jessica; Kern, Zendo; Darrow, Jeff; Chang, Kelsie
Subject: Kaupulehu Land LLC State Land Use Boundary Amendment application
CAUTION:This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Aloha Kathy,
As we discussed on the phone earlier today, PL-SLU-2022-000008
will be placed on the July 18, 2024 Leeward Planning Commission
agenda because the commission did not make a decision at the
June 20, 2024 meeting and PC Rule 13-6(b)(5) and HCC Section 28-
5(b) require the commission recommend approval or denial of the
proposed amendment to the County Council. The official hearing
notification letter and agenda will be sent to you next week and the
Department will provide notice to surrounding property owners of
the hearing.
Feel free to contact me if you have any questions.
Thank you,
Maija Jackson, Planning Program Manager
Leeward and Windward Planning Commissions and Special
ManagementArea (SMA)/Shoreline Permitting
County of Hawaii Planning Department
808-961-8159