2026-01-26 Proposed Amended FOF, COL, D&O (PL-BOA-2024-000105)

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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 the 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. 11. Planning Director testified, and his testimony was consistent with the contents of his Order. Planning Director testified he exercised discretion in not answering some questions posed by the petitions. 12. Planning Director correctly identified questions that sought an interpretation of a development agreement in his Order. Planning Director's discussion of the development agreement in the Order was only background, and was labeled as such. 13. Planning Director discussion as to the effect of a variance on existing law and authority of other county entities in his Order was not a sua sponte ruling. Planning Director's discussion pertained to the applicability of Chapter 23 within the larger context provided by Appellant. Planning Director did not petition for his own declaratory ruling. 4