REP PC 101 03/17/1998 1996-1998 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON PLANNING DATE: Mazch 17, 1998 Re: C-759/Res No. 244 PLACE: Councilroom TIME: 1:38 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Resolution No. 244, transmitted by Planning Director, Virginia Goldstein, Designated Representative for Mayor Stephen K. Yamashiro per Communication No. 759, dated March 9, 1998, regazding the Oceanside 1250 Development Agreement, reports as follows: Resolution No. 244 authorizes the County of Hawaii to enter into a development agreement with 1250 Oceanside Partners. Pursuant to Section 46-123, Hawaii Revised Statutes, the Hawaii State Legislature granted authorization to the County of Hawaii to enact an ordinance authorizing the executive branch of the County of Hawaii to enter in a development agreement with any person having a legal or equitable interest in real property for the development of such property. The Hawaii County Council enacted Ordinance No. 93-37 (Chapter 30, Hawaii County Code) establishing the requirements for Development Agreements, which became official on Apri127, 1993. Pursuant to Chapter 30, and Section 46-123, HRS, the (:ounty adopted rules governing Development Agreements on May 16, 1995. 1250 Oceanside Partners, a Hawaii limited partnership doing business as Oceanside 1250 is proposing to develop its lands in North and South Kona, Hawaii and submitted a Development Agreement application to the Office of the Mayor, who pursuant to Section 30-4(b), Hawaii County Code, may enter into development agreements on behalf of the County. Resolution No. 244, Draft 2 amended the original document with the following underscored language: I . In the second whereas: WHEREAS, pursuant to 46-123, Hawaii Revised Statutes, the Hawaii County Council enacted Ordinance No. 93-37 (Chapter 30, Hawaii County Code) establishing the requirements for Development Agreements, which ordinance was passed into law on Apri127, 1993; and 2. In the fourth whereas: WHEREAS, 1250 Oceanside Partners, a Hawaii limited partnership, dba Oceanside 1250 (Oceanside) is the owner in fee simple and lessee of certain lands situated in North and South Kona, Hawaii County, Hawaii, TMK: (317-9-12:03, (3) 7-9-12:04, (3)7-9-12:11 and (3)8-1-04-03 (porl ("Pro~rtv"1 and more particularly described in Exhibit "A" of the Development Agreement (Oceanside Development Agreementl, which is attached here to and incorporated herein; and 3. Add the fifth whereas: WHEREAS. Oceanside or its related entity. affiliate or subsidiary, plans to develop the Property and has submitted a development