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BEFORE THE PLANNING DIRECTOR <br /> PLANNING DEPARTMENT <br /> COUNTY OF HAWAII <br /> STATE OF HAWAII <br /> In the Matter of DOCKET NO. 24-0002 <br /> DECLARATORY ORDER; EXHIBITS <br /> «A»_«C,, <br /> 1250 OCEANSIDE, LLC, <br /> Petitioner <br /> ZENDO KERN, PLANNING DIRECTOR, <br /> COUNTY OF HAWAI`I'S DECLARATORY ORDER <br /> I. BACKGROUND <br /> Hokuli`a is a master-planned community located in Kealakekua, Hawaii ("Project") <br /> originally developed by 1250 Oceanside Partners (the "Original Developer"). On January 15, <br /> 1996, the Original Developer obtained two ordinances to rezone the property comprising the <br /> Project: County of Hawai`i ("County") Ordinance No. 96-7 and 96-8 (collectively <br /> "Ordinances"), among other approvals. Together, the Ordinances rezoned the Project property to <br /> Agricultural 1-acre, subject to various conditions. Following the Ordinances' enactment, the <br /> Original Developer entered into a Development Agreement with the County, dated April 20, <br /> 1998, which set forth, inter alia, requirements relating to the acquisition of land for and the <br /> construction of a bypass road, the development of a shoreline park, and the donation of a right- <br /> of-way to the park ("Development Agreement"). In consideration, the Original Developer was <br /> granted the right to develop the Project in accordance with the Ordinances and other approvals in <br /> force as of the date of the Development Agreement. In other words, the Ordinances and other <br /> 1 <br /> EXHIBIT 1 <br />