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go through a state land use district amendment for areas over 15 acres. Tr. July 22, 2003,p.m.,
<br /> pp. 70-74. (The County has exclusive jurisdiction over district amendments for up to 15 acres.
<br /> HRS §205-3.1(c)).
<br /> Given the elimination of the proposed urban residential component, Ms. Goldstein did
<br /> not see a need for the project to obtain additional State Land Use Commission("LUC") approval.
<br /> Transcript,July 22, 2003,p.m.,p. 60. Former LUC Executive Director Esther Ueda agreed.
<br /> Transcript,July 22, 2003,p.m.,p.13.
<br /> Neither did LUC Executive Director Esther Ueda have any specific concern about the
<br /> County's redistricting of the sub-15 acre lodge parcel from the Agricultural to the Urban district.
<br /> Transcript,July 22, 2003,p.m., p. 19. Actually, Ms Ueda explained her general concerns
<br /> regarding"parceling"or piecemeal urbanization, and how Hokuli'a simply did not involve such
<br /> concerns. R. Transcript, July 22, 2003,p.m.,p.13. (Portions of Goldstein and Ueda transcripts
<br /> attached as Appendix "A".)
<br /> The County and Oceanside also signed a Development Agreement requiring HRS
<br /> Chapter 205 compliance,pursuant to HRS Chapter 146, Part VII, §§ 46-121 through 132. See
<br /> attached Appendix`B". The County agreed, inter alia,that Oceanside could develop Hokuli'a
<br /> in accordance with the laws,permits, zonings and other approvals granted to date. Oceanside
<br /> would contribute public benefits, including a bypass highway between Keauhou and Captain
<br /> Cook, and a 140-acre shoreline park. All was to be done in compliance with applicable laws,
<br /> including HRS Chapter 205. See Development Agreement,paragraphs 5(p.10); 20(p. 19); 22a(p.
<br /> 19-20). Oceanside believed no further discretionary permits were needed. Test. Richard Frye,
<br /> Tr. July 9, 2003,p.m.,p. 60-61.
<br /> The Development Agreement does not avoid HRS Chapter 205,but expressly requires
<br /> compliance with it. The Circuit Court itself so held. AMENDED FINDINGS OF FACT,
<br /> CONCLUSIONS OF LAW; ORDER REGARDING TRIAL ON COUNT IV OF THE FIFTH
<br /> AMENDED COMPLAINT, filed October 22, 2003 ("Count IV Order", attached as Appendix
<br /> "C"), COL No. 50. (Bold Italics added).
<br /> 3. The Hokuli'a Agricultural Plan for HRS Chapter 205 Compliance.
<br /> Given the known restrictions of HRS Chapter 205, Oceanside had consulted with
<br /> multiple land use counsel to ensure legality of Hokuli'a within the State agricultural district. R,
<br /> Exhibit PKO-195. Oceanside's planners thought from the beginning, that to be safe, they should
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