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GENERAL PETITION FOR APPEAL OF DECISION OF THE PLANNING DIRECTOR <br /> Pursuant to Rule 2-4 and Part 8 of the Rules of Practice and Procedure ("BOA Rules") <br /> for the Hawai`i County Board of Appeals ("BOA"), 1250 Oceanside, LLC ("Oceanside"), by <br /> and through its counsel, Carlsmith Ball LLP,hereby appeals the Declaratory Order issued by <br /> County of Hawai`i ("County") Planning Director Zendo Kern ("Planning Director") in Docket <br /> No. 24-0001 on April 29, 2024 (the "Declaratory Order"). Exhibit 1. The Declaratory Order <br /> relates to a Petition for Declaratory Ruling dated February 7, 2024 ("Initial Petition"), and <br /> Supplement to Petition for Declaratory Ruling dated March 27, 2024 ("Supplemental Petition"; <br /> together, "Coupe's Petitions"), both filed by C &J Coupe Family Limited Partnership <br /> ("Coupe") pursuant to Haw. Rev. Stat. § 91-8 and Rule 3 of the County of Hawai`i Planning <br /> Department Rules of Practice and Procedure ("PD Rules"). Exhibit 2; Exhibit 3. <br /> I. INTRODUCTION <br /> Oceanside is the current developer of the master-planned residential community known <br /> as Hokuli`a("Hokuli`a") located on the Kona Coast in Kealakekua, Hawai`i. Hokuli`a is being <br /> developed pursuant to a number entitlements issued by the County, including rezoning <br /> Ordinance No. 96-7 ("Ordinance No. 96-7") and rezoning Ordinance No. 96-8 ("Ordinance <br /> No. 96-8"; together, the "Ordinances"). Exhibit 4; Exhibit 5. The Ordinances, as well as other <br /> entitlements, were later incorporated into a Development Agreement, dated April 20, 1998 (the <br /> "Development Agreement"), between the County and Oceanside's predecessor-in-interest. <br /> Exhibit 6. <br /> In connection with the development of Hokuli`a, Oceanside (and its predecessor)has <br /> responsibly partnered with the County to contribute acres of land and tens of millions of dollars <br /> to the development of a major highway, roadways, and infrastructure, and to restore, conserve, <br /> and provide public access to culturally important shoreline areas. In doing so, Oceanside has at <br /> 2 <br /> 4896-1786-4893.1.051730-00058 <br />