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2003-10-22 Amended Findings of Fact Conclusions of Law Order Regarding Trial on Count IV of the Fifth Amended Complaint
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2003-10-22 Amended Findings of Fact Conclusions of Law Order Regarding Trial on Count IV of the Fifth Amended Complaint
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45. The State Department of Agriculture("DOA') commented that the proposed <br /> agricultural uses of the Hokuli'a property neither provided"any specific crop recommendations nor <br /> any evidence that agricultural use of the proposed lots will be implemented and continued."F.xh. <br /> PKO-571, Ltr.from Y. Kitagawa to Y. Goldstein (7 112193). <br /> 46. Commenting on Oceanside's application for rezoning its mauka portion of its <br /> property from Ag-5a and Unplanned to Ag-la,the DOA noted that the smaller size lots"will <br /> seriously limit range of economically viable uses of property."Exh. PKO-571, Ltr.from Y. <br /> Kitagawa to R. Frye (7112193)p. 2. <br /> 47. Oceanside did not adequately address this concern nor establish to any satisfactory <br /> extent that it will in fact implement a "bona fide agricultural use."Exh. PKO-573, Ltr.from Y. <br /> Kitagawa to V. Goldstein (812193); see, Exh. PKO-575, 816193 Ltr.from J. Leonard to Y. <br /> Kitagawa; see also, Exh. PKO 579, 9110193 Ltr.from J. Leonard to Y. Kitagawa. <br /> 48. In 1993,the Office of State Planning("OSP')informed Oceanside that its <br /> planned Villages at Hokukano appeared to be a"small resort," Exh. PKO--568, Ltr.from H. <br /> Masumoto to V. Goldstein (613193). Director Harold Masumoto noted that OSP's West Hawaii <br /> Regional Plan did not"encourage resort development at the project site." Id <br /> 49. Oceanside responded to Mr. Masumoto that there was no intent to include a <br /> "resort"as part of the project. See, Exk PKO-576, Ltr. of J. Leonard to H. Masumoto (819193). <br /> 50. The County Planning Director Virginia Goldstein very early in the review of the <br /> Villages at Hokukano project cautioned that the law requires that the project be viewed"in its <br /> entirety to properly assess the project against the guidelines for approval of the various amendments <br /> to the land use designation and permits."Exh. PKO-569, Lir.from V Goldstein to R. Frye (619193). <br /> 51. Ms. Goldstein never retracted this statement in writing, which constitutes the <br /> official position of the County of Hawaii. Test. V. Goldstein, (7122103). <br /> 10 <br />
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