2024-12-18 Findings of Fact, Conclusions of Law, Decision and Order (PL-BOA-2024-000105)

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2. On April 29, 2024, the Planning Director issued Zendo Kern, Planning Director, County of Hawaii's Declaratory Order In the Matter of C1250 Oceanside, LLC, Petitioner, Docket No. 24-0002 ("Order") in response to the Petition. 3. On May 28, 2024, Appellant filed its General Petition for Appeal of Decisions by Planning Director or Public Works Director("Appeal") with the Board of Appeals, County of Hawai'i ("Board") appealing the Planning Director's issuance of the Order. 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, C&J Coupe Family Limited Partnership ("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 ofNo 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. 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 Member 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, Hawai'i County Planning Director, and E. Britt 2