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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9. In 1994, Oceanside changed the concept of the project such that the project, now called the Hokuli'a project,consisted entirely of one-acre Ag-la lots. Test. R Stuit(7 123103). 10. In order to subdivide the property into one to three-acre lots for residences, Oceanside needed to change the minimum lot size requirement. On June 24, 1994, the Hawaii County Council approved Ordinance No. 94-73, which changed the county zoning of approximately 684 acres of land in the mauka portion of the property(Phase 1) to Agriculture one-acre minimum lots•See,Exh. PKO-670, Hrg. Tr. before HI County Planning Comm n (515100)P. 6_7. 11. On January 15, 1996, Hawaii County Council passed: (a) Ordinance No. 96-7, which changed the zoning of 756 acres of land in the makai portion of the property(Phase 2)to Agriculture one-acre minimum lots.Exh. DO-1234, Ord No. 96.7; and(b) Ordinance No. 96-8, which amended and deleted certain provisions of Ordinance No. 94-73 to address the Mamalahoa Highway Bypass Road. Erk DO-1247, Ord No. 96-8 12. In order to move forward with construction of an 80-unit members, guest lodge in the"retreat resort"portion of the Hokuli'a project, Oceanside requested that the County reclassify sify a 14.854-acre area from Agriculture to Urban. 13. To do so,on March 13, 1997, the County first amended the County General plan through Ordinance No. 97-34, which re-designated approximately 25+-acs of the Hokuli'a project area from"Orchards"to"Retreat Resort."Erh. DO-1282, Ord. No. 97-34. 14. The same day the General plan amendment was passed, the Council passed two additional ordinances affecting a smaller parcel within the 25+-acre parcel: 1) Ordinance No. 97- 35, amending the land use classification for a 14.854-acre parcel, located within the larger 25+-acre parcel, from Agricultural to Urban, and 2) Ordinance No. 97-36, rezoning the same 14.854-acre parcel from Agricultural (A-la)to Resort Hotel (V-6.0). Exh DO-1283, Ord No. 97-35;Exh. DO- 1284, Ord No. 97-36;See also, Exh. DO-1260, Plann. Dept. Rec, Change of Zone App. 96-18. 4