COM 0759.011 1996-1998 - Laserfiche WebLink

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B. The Hawaii State Legislature, under Development Agreement Statute section 46-123, granted authorization to the COUNTY to enact an ordinance authorizing the executive branch of the COUNTY to enter into a development agreement with any person having a legal or equitable interest in real property, for the development of such property; C. The County Council enacted Ordinance No. 93-37 pursuant to Development Agreement Statute section 46-123, which ordinance was passed into law on April 27, 1993. D. Pursuant to the Development Agreement Statute and the Development Agreement Code, the COUNTY adopted rules governing Development Agreements on May 16, 1995. E. The Development Agreement Code and the Development Agreement rules establish the procedures and requirements for the consideration of development agreements upon application by or on behalf of persons having a legal or equitable interest in property. F. OCEANSIDE is the owner in fee simple of a portion of the Property, and Lessee of the remainder of the Property. A map describing that portion of the Property owned by OCEANSIDE in fee simple and that portion that is leased is attached hereto and identified as Exhibit "A". G. OCEANSIDE or its related entity, affiliate or subsidiary plans to develop the Project on the Property. H. The Project will require a major investment by OCEANSIDE, for example, in public facilities and on- and off site improvements, to make the Project feasible. 1. The Project was reviewed and planned according to the Land Use Regulations. J. OCEANSIDE has applied for and the COUNTY has granted a number of Approvals for the Project. K. As part of OCEANS] DE's applications for Approvals from the COUNTY: 1. The COUNTY has examined the Project's impacts on vehicular traffic conditions, and has determined that construction of the Bypass Highway will not only offset traffic impacts caused by the Project, it will also provide a public purpose by improving existing traffic conditions in the region. 2. The COUNTY has determined that the construction and development of a Coastline Park will be an asset to the COUNTY and the public by providing coastal recreational opportunities, preserving open space and archaeological sites within the Project, as well as meeting the Project's park requirements pursuant to Ordinance No. 96-7, Ordinance No. 96-8 and Special Management Area ("SMA") Permit No. 345. L. The COUNTY has concluded that development of the Project will provide many public benefits to the COUNTY through the zoning, the SMA conditions of approval, and the imposition of on- 2