2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)

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I. INTRODUCTION Appellant 1250 Oceanside, LLC ("Oceanside")1 is the current developer of the master- planned community known as Hokuli`a("Hokuli`a") located on the Kona Coast in Kealakekua, Hawai`i. Hokuli`a is being developed pursuant to a number entitlements issued by the County of Hawaii ("County"), including rezoning Ordinances No. 96-7 ("Ordinance No. 96-7") and No. 96-8 ("Ordinance No. 96-8"; together, the "Ordinances"). The Ordinances, as well as other entitlements, were later incorporated into a Development Agreement, dated April 20, 1998 (the "Development Agreement"), between the County and Oceanside's predecessor-in-interest. In connection with the development of Hokuli`a, Oceanside (and its predecessor)has responsibly partnered with the County to contribute acres of land and tens of millions of dollars to the development of a major highway,roadways, and infrastructure, and to restore, conserve, and provide public access to culturally important shoreline areas. In doing so, Oceanside has at every step proceeded in good faith and secured the necessary governmental approvals. Relevant to the present appeals, the Ordinances required the construction of the following roadways: • An extension of Ali`i Drive/the Mamalahoa By-Pass ("Bypass Extension"), increasing connectivity between Kailua-Kona and Captain Cook; • An extension of Haleki`i Street to the mauka side of the Bypass Extension ("Mauka Haleki`i Extension"); • A continuation of Haleki`i Street makai of the Bypass Extension ("Makai Haleki`i Extension"); and • A"stub"road running north-south laterally from the Makai Haleki`i Extension to the boundaries with the adjoining properties ("Connector Road"). Oceanside contributed approximately $20 million dollars towards the completion of the Bypass Oceanside is mindful that Rule 3-14 of the Board of Appeals ("BOA") Rules of Practice and Procedures ("BOA Rules") limits briefs to 20 pages. However, because the case presentations in these appeals have been consolidated, Oceanside files this single Consolidated Hearing Brief that slightly exceeds the page limitation, rather than filing two separate briefs of up to 20 pages each. 4881-6366-3335.6.051730-00058 1