2005-04-01_Defendant-Appellant-Cross_Appellees_County_of_Hawaiis_Amended_Opening_Brief

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Land Study Bureau as Class"C,""D" and`B"soils except for 8 acres in class`B"in the far mauka/south corner. Villages of Hokukano Final EIS,p. 37,Figure 11, R: Exhibit PKO-679. The initial 1993 Hokuli'a concept included 1,073 residential units in the state Urban land use district in its makai portion. Exhibit PKO-679. After holding community meetings, Oceanside voluntarily reduced density, in response to Kona community sentiment against redistricting to Urban. The 1,073 Urban units were eliminated, in favor of more 1 to 3- acre "farm dwelling"lots in the state Agricultural district. Exhibit DO-1225, at CO-00097. 2. Administrative Practice and Interpretation of HRS Chapter 205. Residences are permitted within the agricultural district as "farm dwellings"under HRS §205-4.5(a)(4). "Farm dwellings"are defined therein as "a single family dwelling located on and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." (Bold italics added). Prior to this case, the"farm dwelling"requirement was applied simply and literally. Ms. Virginia Goldstein was the Hawaii County Planning Director from 1992 through 2000, the period in which Hokuli'a was conceived, permitted and construction begun. R. Tr. July 22, 2003,p.m.,p. 43. Ms. Goldstein met with the representatives of 1250 Oceanside Partners regarding the Villages of Hokukano and Hokuli'a projects. This included in 1994 when the project was changed to 1-acre agricultural lots. Tr. July 22, 2003,p.m.,pp. 44-46. Ms. Goldstein did not advise Oceanside that it needed to get a state land use district boundary amendment for the entire project,because except for the lodge, it was all going to be in Agriculture 1-acre zoning. Tr. July 22, 2003,p.m.,pp 46-47, 94-95. Ms. Goldstein also determined,using site inspections,that the proposed Hokuli'a agriculture uses met the HRS Chapter 205 requirements. Tr. July 22, 2003,p.m.,p. 69, 77. The proposed agricultural uses appeared to be more intensive than the former seasonal grazing uses. Tr. July 22, 2003,p.m.,pp. 69-70. Agricultural uses in compliance with HRS Chapter 205 were also a condition of rezoning. Tr. July 22, 2003,p.m.,pp. 76-77. R.,Exhibit DO-1234. The agricultural easement would also be on the subdivision map. R. Tr. July 22,2003,p.m.,p. 106-107. Ms. Goldstein testified that in relation to her tenure as Planning Director,there were four other approvals of projects in the County situated in the state agricultural district which contained agricultural subdivisions and a lodge and a golf course. None of these were required to 3