2024-10-04 Planning Director Pre-Hearing Brief (PL-BOA-2024-000104 & 105)

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Declaratory Rulings in both PL-BOA-2024-000104 and PL-BOA-2024-000105. The resulting Declaratory Orders, Docket Nos. 24-0001 and 24-0002, should be affirmed. II. BACKGROUND FACTS A. Brief Summary of the Project Hokuli`a is a master-planned community located in Kealakekua, Hawaii ("Project") originally developed by 1250 Oceanside Partners ("Original Developer"). On January 15, 1996, the Original Developer obtained two ordinances, County of Hawaii Ordinance Nos. 96-7 and 96-8 (collectively, "Ordinances"), for the rezoning of 1550 acres to allow for the development of the Project. The Ordinances rezoned the Project property to Agricultural 1-acre, subject to various conditions, some of which are the focus of these appeals. Following enactment of the Ordinances on January 15, 1996, the Original Developer entered into a Development Agreement with the County, dated April 20, 1998 ("Development Agreement"). It set forth, inter alia,requirements relating to the acquisition of land,the construction of a bypass road,the development of a shoreline park, and the donation of a permanent right-of-way to the park. In consideration, the Original Developer was granted the right to develop the Project in accordance with the Ordinances and other approvals in force as of the date of the Development Agreement. In other words, the Ordinances and other land use regulations applicable to the Project were "locked in" as of the date of the Development Agreement for a period of thirty years. As permitted by Hawaii County Code ("HCC") § 23-81 (1983), the Ordinances allowed the Original Developer to enter into an agreement with the County assuring the County the improvements would be constructed, provided the Original Developer post an appropriate bond, surety or other security deemed acceptable to the County. Upon the execution of such agreement and the deposit of the security with the County, final subdivision approval would be granted prior to 2