2024-10-11 Exh B Transcript 1250 OCEANSIDE LLC (PL-BOA-2024-000104 & 105)

Home

number of problems, lawsuits, other issues, including the lawsuit by Mr. Kelly that you heard him speak about earlier. Ultimately, that entity ended up defaulting on its loans and losing control of the project in 2007. Our client stepped in, in 2014 and really got the project back on track. I know they take a great bit of pride in doing so. I think that their number one priority when they came in was to repair the relationship with the community and the stakeholders. I think you heard that from Mr. Mederios. I think your heard that from Mr. Kelly. It's really allowed the project to go forward in the best possible way. A big piece of that was completing all the archaeological mitigation. This site has, I don't know if it's hundreds or thousands of archaeological sites, but they're significant and they're all over and so that's all been completed. Oceanside donated twenty million dollars towards completion of the bypass, which is of course now open to the public. It completed extensive improvements for the beach park and also dedicated some land for the Kona Scenic Park, just located up the hill from the project. I want to talk briefly about the intervenor because there's some history and context here. You heard some comments earlier, there was prior litigation involving the intervenor over the bypass. It went on for about ten years, it resulted in two Hawai`i Supreme Court opinions and an attempt to get reviewed by the United States Supreme Court. All this is to say, I think if you read the hearing brief from the intervenor, there's a lot of animosity there and frankly I think my client thinks that's both misplaced and unnecessary. They're really focused on going forward in the most cooperative and collaborative way possible, but unfortunately, we find ourselves here today. I think that's frozen. Okay, so there's really four big entitlements or approvals that you'll hear us discussing today, I just want to run over those real quick. There's two rezoning ordinances from 1996, there's a development agreement from 1998, and a variance that was approved by the Planning Department in January of 2011, provide relief from certain requirements for roadways. You also heard Mr. Kelly testify to that earlier. Okay, the roads we're really going to be focused on, there's three of them. There's the—what we call the Mauka Halekii extension, that essentially extends Halekii up from the intersection of the bypass and Hokuli`a to the Kona Scenic Subdivision right there by the park. That roadway was dedicated to the County in 2012, has been open to the public ever since. We have what we call the Makai Halekii Extension that—that's an extension of Halekii into Hokuli`a, and then we have this connector road. It's basically a road that runs parallel to the coast north and south, terminates at the north and south boundaries of Hokuli`a and I believe that's the road that you heard Mr. Medeiros speaking about earlier. All right, here's a little visual,just to give you the lay of the land a little reference. You can see the Mamalahoa bypass there in orange. To the right of that in purple you can see that Mauka extension going up the hill to the subdivision. Pink, you can see Halekii is extends down into the project and then again that connector road in blue extending north and south and you can see it at dead ends at the boundaries of Hokuli`a. There's currently no other roads for it to connect to. Here's a couple of close-ups, I can just skip through these. Here's the connector road to the south where it terminates at intervenors property, again nothing for it to connect to at this time. Here's a photograph of that same spot where it terminates to the south, and you can see the tree line there EXHIBIT B Page 4