2024-06-20 PL-BOA-2024-000105 1250 OCEANSIDE, LLC. vs Planning Director PL-INT-2024-007099 Record on Appeal

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I. INTRODUCTION. Petitioner is the current developer of the master-planned residential community known as Hokuli`a ("Hokuli`a") located on the Kona Coast in Kealakekua,Hawaii. Hokuli`a is being developed pursuant to a number entitlements issued by the County, including rezoning Ordinance No. 96-7 ("Ordinance No.96-7") and rezoning Ordinance No. 96-8 ("Ordinance No. 96-8"; together,the "Ordinances"). Exhibit A; Exhibit B. 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 Petitioner's predecessor-in-interest. Exhibit C. The Development Agreement effectively "froze"the entitlements for Hokuli`a for a period of thirty years, until April 1, 2028. In connection with the development of Hokuli`a, Petitioner(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, Petitioner has at every step proceeded in good faith and secured the necessary governmental approvals. Relevant here, the Ordinances required the construction of the following roadways: • An extension of the Mamalahoa By-Pass/Ali`i Drive ("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"). Petitioner contributed approximately$20 million dollars towards the completion of the Bypass Extension. which was dedicated to the County in 2012 and subsequently opened to the public in 4862-5574-8005,3.051730-00058 -2 6