2026-01-23 Proposed Amended FOF, COL, D&O (PL-BOA-2024-000104)

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DPW and are covered by the Variance, and(2)the Planning Director lacks authority to rule upon the sufficiency of the roadway for dedication. 4. Appellant's Appeal sought to modify the Order or have the Order remanded to the Planning Director to correct alleged errors. 5. On July 3, 2024, Intervenor filed its Petition to Intervene in General Petition for Appeal of Decision by the Planning Director("Petition to Intervene"). 6. On July 15, 2024, Appellant filed its Position Statement on Petition to Intervene in General Petition for Appeal of Decision by Planning Director, dated July 3, 2024. 7. On July 17, 2024, the County filed its County ofHawai`i Planning Director's Statement of No Position to Petition to Intervene in General Petition for Appeal of Decision of Planning Director, dated July 3, 2024. 8. A hearing on the Petition to Intervene was held on August 9, 2024, at which the Board approved the Petition to Intervene. 9. On October 11, 2024, the Board heard oral arguments and presentation of evidence, including exhibits, and testimony on the Appeal at the West Hawaii Civic Center with all Board Members present in person. Michael Kaleihoku Vitousek, Manager of Land and Development of 1250 Oceanside, LLC, Derek B. Simon, Esq., and Ian R. Wesley-Smith, Esq. appeared on behalf of Appellant. Zendo Kern, Hawaii County Planning Director and E. Britt Bailey, Deputy Corporation Counsel, appeared on behalf of the Planning Department. Charles Coupe of C&J Coupe Family Limited Partnership, Kenneth R. Kupchak, Esq., and Mark M. Murakami, Esq. appeared on behalf of Intervenor. 10. Appellant's witness, Michael Kaleihoku Vitousek, testified that Planning Director's declaratory order did not provide enough or specific information for Appellant to understand how to comply with its compliance obligations under Ord. 96-7 and Ord. 96-8. 3