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HomeMy WebLinkAboutCOM 0759.002 1996-1998 Oceanside 1250 & Hawaii County - Development Agreement RECEIVED 14 Summary of Development Agreement Provisions a Relation to Conditions of Approval pate March 1998 County Council Title Conditions of Approval No. Development Agreement Provision Administration 1. Incorporated recitals by reference. 2. Defines terms. Term 3 Development Agreement shall be for a term of 30 years. Affected Land 4. Describes the Project Area. Permitted Ord. 96-7 B: S.' Permitted uses are those established by Chapter 205, Uses Oceanside is responsible for complying with HRS (Land Use) and the Zoning Code (Chapter 25, all requirements of Chapter 205. HCC). Density of Use Ord. 96-8 Q: 6. Permits one dwelling unit per building site. Permits one dwelling unit per building site. Maximum 7. Maximum height shall that allowed by the Zoning Height Code. Maximum Size 8. Size of buildings shall be limited by the restriction of of Buildings the Zoning Code. Benefits 9. County acknowledges that Oceanside is providing Benefits to the County and Community. Bypass Ord. 96-8 L Ord 96-7 M. Ord 97-36 K: 10. Establishes requirement that Oceanside acquire ROW Right of Way Requires require acquisition of ROW for the for Bypass. Sets procedures and conditions when Bypass, condemnation of ROW would be required. Provides that in lieu of Oceanside acquiring 11. Establishes responsibility of and procedures for ROW, County shall agree to condemn those condemnation of ROW by the County & Oceanside's segments, provided Oceanside reimburses the reimbursement to County for cost of condemnation. County for the costs of condemnation. Creates incentives for the donation of ROW for the 12. Bypass. Bypass Ord. 96-81., Ord 96-7 M, Ord 97-36 K: 13. Requires construction of the entire Bypass. Construction Requires construct the Bypass, consisting of 2 lanes with ROW for 4 lanes. a. Requires 2-lane Bypass to be constructed in accordance with requirements of DPW, including Requires Bypass between Keauhou and provision of landscape buffers. Halekii Street to be completed prior to b. Requires posting of bond, acquisition of ROW for occupancy of any dwelling unit. 4 lanes. c. Prior to occupancy of lodge or first dwelling, - Provide a landscape buffer along Bypass requires complete construction of Bypass section within 500 feet of any dwelling as required by from Keauhou to Halekii Street extension. DPW. d. Requires completion of entire Bypass within 5 years. Dedication 14. Requires that Oceanside will dedicate Bypass upon completion (may be in phases) and that County shall accept dedication if all requirements are met. n ' u /o15v - argss~t pc • , fi~f~R:.'E .1998 . Oceanside 1250 & Hawaii County - Development Agreement Summary of Development Agreement Provisions Relation to Conditions of Approval March 1998 Title Conditions of Approval No. Development Agreement Provision Reimbursement Ord. 96-81., and Ord 96-7 M: 15. a. Provides that Oceanside will be responsible for of Construction entire cost of developing Bypass. Establishes cost of Bypass Oceanside shall enter a reimbursement that Oceanside pro rata share is 38% of project agreement with the County which sets forth cost. the terms and conditions of reimbursement. Provides that the amount of reimbursement shall County shall reimburse Oceanside for costs be balance of total cost after deducting incurred for the construction, land acquisition Oceanside's pro rata share and Kealakekua and design of the Bypass. Development Corporation share. Reimbursements funds shall be from funds b. Provides that should an Impact fee ordinance be paid by other developers/land owners who the adopted, Oceanside shall receive credit for county may determine benefits from Bypass. roadway improvement costs. The total amount of reimbursement shall not c. Provides that funds for reimbursement shall be exceed the total project cost less the pro rata from the following sources: portion attributed to the Hokukano Project. o Fair share contributions. o Road impact fees, should an Impact Fee Ordinance be adopted. o Other monetary contributions paid to the County to address potential regional road impacts. o KDC's fair share contribution less S 1.3 million for Mamalahoa Highway improvements and improvements to Greenwell Park. r d. Determines that the benefit district for the Bypass Q'7' 7 extends from Keauhou to Hawaiian Ocean Yew Estates. Provides that reimbursement shall be a percentage of those income sources received from each geographic district: o Keauhou 25% o Honalo-Capt. Cook (Mam. Hwy.) 80% o Honalo-Capt. Cook Mauka 1000/0 o Honalo-Capt. Cook Makai 1000/0 o Capt.Cook-Milolii 65% Other Roads Ord. 97-8 L, O, Ord 96-7 M, N & Ord 97-36 K, L: Requires Construction or Bonding of 13 U Requires bonding of Mamalahoa Highway-Halekii Mamalahoa Highway-Halekii Street Street intersection prior to first small lot subdivision Intersection. approval. Requires extension of Halekii Street, in phases Requires bonding of phases of extension of Halekii and other provisions allow for bonding of 13 b.3 Street. improvements. Requires stub-outs to the northern boundary Requires that Oceanside will provide road stub outs as well as southern project boundary. 16' to the north and south project boundaries. Public Access Ord. 96-8 J, Ord 96-7 K, SMA 345 (9): 17. Plan Requires that Oceanside develop a public Requires that Oceanside develop a public access plan access plan prior to final subdivision approval prior to final subdivision approval of the first small of the first small lot subdivision. lot subdivision. o Plan shall be developed in consultation a. Plan shall be developed in consultation with with DLNR and include mauka-makai and DLNR and include mauka-makai and shoreline shoreline accesses, parking, restrooms and accesses, parking, restrooms and other other improvements. improvements. o Plan shall be a roved b Director. b. Plan shall be approved b Director. Oceanside 1250 & Hawaii County - Development Agreement Summary of Development Agreement Provisions Relation to Conditions of Approval March 1998 Title Conditions of Approval No. Development Agreement Provision Coastline Park Ord. 97-8 H,1; Ord 967 K, L; 18. SMA 345 (10): Requires development of coastline park. Requires development of coastline park. o Oceanside shall be responsible for all costs a. Oceanside shall be responsible for all costs associated with construction and associated with construction and operation of the operation of the park. park. o Construction of the park shall be b. Construction of the park shall be completed completed phases roughly proportional to phases roughly proportional to the Project's the Project's development. Initial phase development. Initial phase shall comprise of shall comprise of 25% of park area and 25% of park area and shall be developed within 5 shall be developed within 5 years of final years of final subdivision approval of first small subdivision approval of first small lot lot subdivision. subdivision. c. Draft covenants shall be submitted to the o Draft covenants shall be submitted to the Planning Director for approval and recordation. Planning Director for approval and d. Perpetual easement to county for recreation shall recordation. be granted. o Perpetual easement to county for e. Oceanside or Assigns shall retain fee ownership recreation shall be granted. of park. o Oceanside or Assign shall retain fee ownership of park. Guest Houses Ord. 968 Q: 19. The Condition does not preclude the The Development Agreement does not prohibit construction of a guest house in accordance construction of a guest house in accordance with with requirements of the Zoning Code. requirements of the Zoning Code. General 20. Oceanside has right to develop project, Bypass and Development Coastline park in accordance with terms and of Project conditions. Subsequent 21. Provides that subsequent land use changes which Land Use alters or amends Land Use Regulations shall not Changes apply to the property, subject to certain limitations. Necessary 22. With respect to required County approvals, the County County shall expeditiously process such applications. Approvals The County further agrees to not impact with further exactions or requirements. Conformance 23. Determines that the Development Agreement is with General consistent with the County General Plan, as amended. Plan Annual Ord 968 V; Ord. 967 R; 24. Review SMA 345 (15); SMA 356 (13): Provides for an annual review of compliance Provides for an annual review of compliance with with conditions of approval. terms and conditions of the Development Agreement. Various 25- Various provisions to provide clarification and 57, enforcement of the terms and conditions of the Development Agreement.