Laserfiche WebLink
5. At issue here, Ordinances No. 96-8 and 96-7 required Oceanside, at its sole <br /> expense, to design and build, to the dedicable County standards specified under Chapter 23 of <br /> the Hawaii County Code, three roadways as located on Exhibit "B" to Ordinance 96-8, attached <br /> hereto and incorporated herein, as Appendix "A": <br /> a. a North-South Connector Road(the "Connector Road"), <br /> b. an extension of the Halekii Street from the end of the then public portion thereof <br /> to the Mauka side of Mamalahoa By-Pass ("Mauka Halekii Extension"); and <br /> c. a continuation of Halekii Street Makai of the Mamalahoa By-Pass ("Makai <br /> Halekii Extension"). <br /> 6. All three of these roadways (collectively "Required Public Roads") are expressly <br /> required, under the Development Agreement and Ordinances No. 96-8 and 96-7, to be dedicated <br /> to County. <br /> 7. In order to accommodate for the impact of Hokulia and its anticipated influence <br /> on the population of Kona, County required the dedication of Required Public Roads as <br /> important public infrastructure; and, Oceanside, anticipating a significant development <br /> timeframe and a lengthy absorption period for sale of the luxury residences to be developed on <br /> Hokulia Lands, sought to freeze the zoning obtained in Ordinance 96-8 and 96-7, to ensure their <br /> would-be purchasers that the zoning would remain intact. <br /> 8. State law (see Haw. Rev. Stat. § 46-121) offers a legal tool which can toll a <br /> county's rezoning hand, often referred to as a development agreement. In order to justify the <br /> staying of government action under a development agreement, a county is to receive material <br /> consideration often including developers creating public infrastructure which inter alia, might <br /> help to defray the burden imposed on the county to ameliorate changes in the community <br /> influenced by the contemplated development. <br /> 3 <br /> 710088 <br />