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Home My WebLink AboutCOM 0759.009 1996-1998 09:9148 16:19 FAN 808 626 7718 OCEAASID6' 1250 Q onl 4 FACSIMILE T R AN S M I TT A L to: Councilman James Arakai C-1 tax: 969-3291 re: Development Agreement date: 31 March 1998 pages: Please copy and distibute the letter attached hereto to each of the Council members. Thank you. Rotwt A, 5tuit Director or Planning Oceanside 1250 74-W20 A Palani Road, Suite 200 Kailua-Kona, Hawaii 95740 ^7 Telephone' 808.328-2966 / C ~1, O Electron c M mile58C~ 126• n13 PUG x Ncc/l"v ad. 4bt ftf. 09131'96 16:20 FAX 808 326 7719 I OCEANSIDE 1250 00' OCEANSIDE 12 60 March 31, 1998 Honorable James Arakaki, Chairman and Members of the County Council Hawaii County Council 25 Aupuru Street Hilo, Hawaii 96720 Subject: Development Agreement, Oceanside 1250 Dear Chairman Arakalti and members of the County Council Attached hereto is a paragraph from Section 15(d)(1) of the Development Agreement between Oceanside 1250 and Hawaii County, with revised language to clarify the 25% assessment mechanism in the Keauhou area. In addition, I have attached a few pages with other suggested changes for clarification purposes. As you know, there were other changes that were presented and discussed during the hearing last night in Kona, and we assume you have these on the record To update you on the discussions between ourselves and the landowners between KIC and the Oceanside property, all of the parties have agreed to the various issues. The terms of such agreement will subject to the finalization of a written agreement between the parties. 74.5620 A Palam Road Should you have any questions regarding these matters, please give me a call at Suiw zoo 326-2966 Hailuu-Rona. Hmwwf 967401625 - aanager KProjw Tel: eo6-326-2966 BOR-3267713 CC' Barbara Hashimoto Virginia Goldstein S. Yamashiro Kamehameha Investment Company Paris & Smith Interests Allen Wall Kona Trust Attachment 07 91'98 16:20 FAX 808 326 7713 I OCEANSIDE 1250 Z003 date the bond is issued, unless otherwise extended by the mutual agreement of the Director of the COUNTY Department of Public Works and OCEANSIDE in writing. f. BYPASS HIGHWAY. "Bypass Highway" shall mean that bypass highway between the approximate vicinity of Keauhou and Captain Cook, consisting of two (2) lanes with a sufficient Right-of-Way for a total of four (4) lanes required in part to satisfy the conditions of Approvals and to alleviate traffic congestion on the Mamalahoa Highway that has existed for many years. This Bypass Highway is also referred to as the "Mamalahoa Highway Bypass" under Ordinance Nos. 96-7, 96-8 and 97-36 attached hereto as Exhibits "C", "B" and "G", respectively. Further detail and description of the Bypass Highway is attached hereto as Exhibit "H" and incorporated herein by this reference. g. COASTLINE PA". "Coastline Park" shall mean that coastline park required by the COUNTY to be established under Conditions 8 and 10 of SMA Permit No. 345, Condition H of Ordinance No. 96-8, and Condition K of Ordinance No. 96-7, and subject to the terms and conditions as set forth in this Agreement. h. COUNTY. "COUNTY" shall mean the County of Hawaii, municipal corporation, and where applicable, the appropriate departments and agencies but does not include the County Council. 1. COUNTY COUNcm. "County Council" shall mean the County of Hawaii County Council. DENSITY °DensitX" shall have the meaning given such term in he Zoning Code. 8 031,311,98 18:20 FAX 808 328 7713 OCEANSIDE 1250 Z004 total value of the Segment(s) for Right-of-Way divided by the per lot fair share assessment or impact fee requirement to mitigate road impacts for each $3,101.68 value of land contributed. The total value of the Segment(s) for Right-of-Way shall be based on the appraised value of the Segment(s) at the time the person dedicates and/or donates the Segment(s) to OCEANSIDE as determined by the Appraiser selected using the procedures outlined in subparagraph (10.b). b. The COUNTY shall grant a density credit to Persons whose lands are donated for the Segment(s) of the Right-of-Way. The density credit is equal to the area of land that is utilized. The density credit shall be added to the Person's remaining property at the time the Person obtains land use approvals from the COUNTY. The density credit allows the Person to develop the total number of units that would be permitted under the applicable zoning at the time the Person obtains land use approvals as if the person had not contributed land for the Right- of-way C. The COUNTY shall impose no additional fair share assessments or impact fee ardin n r requirements relating t on Persons whose lands have been donated to the Q 1N'?TY or _sold for the Right of ' prior h ling of ask condemnation action and who develop their lands in conformance with existing zoning or rezoning that does not increase the aggagate21]owable Density on cum chlandc- 13. CONSTRUCTION OF THE BYPASS HIGHWAY. The Bypass Highway shall consist of two (2) lanes with sufficient Right-of-Way for a total of four (4) lanes. The Bypass Highway shall be constructed to standards set forth by the Department of Public Works with such modifications as may be deemed necessary by the Department of Public works; provided, however, that the expansion of the Bypass Highway from two (2) to four (4) lanes shall not be the responsibility of OCEANSIDE, 19 09.91.98 18:21 FAT 808 328 7710 OCEANSIDE 1250 , , _ _ 000 b. Adoption of a Impact Fee Ordinance. Should the County Council adopt a Impact Fee Ordinance, OCEANSIDE shall receive one (1) unit of credit for every 53,101.68 it has spent toward the construction of the Bypass Highway and the Haleld'i Street intersection improvements. The credits may be applied toward the requirements of an Impact Fee Ordinance. C. Funds for Reimbursement. During the course of this Agreement, if the COUNTY approves new rezonings which increase tl±e aggregate allowable DensitX of developments under common ownership of each landowner in the vicinity of Mamalahoa Highway, then the COUNTY shall assess those new developments a "Fair Share" contribution, or similar fee, to address the regional impacts the aggleegate increased (not h .original) Density of their development on road facilities. In the event that the COUNTY collects funds for such "Fair Sharp" contributions, or similar fees, as may be allowed by the rezoning ordinances, and as identified in Paragraphs (15.c.1. and 15.c.2. herein) from developers and landowners whom the County has determined as benefitting from the Bypass Highway, the COUNTY shall reimburse OCEANSIDE from such funds as they are collected. (1) Funds to reimburse OCEANSIDE shall be from, but not limited to, the following sources: (a) "Fair Share" contributions paid to the COUNTY to address potential regional impacts of their development on road facilities; (b) Upon the adoption of a Impact Fee Ordinance that assesses or imposes an impact fee either for the COUNTY as a whole or for the region extending from Keauhou to South Point, that portion of the impact fee necessary to address potential regional impacts on road facilities; 23 09.91,98 16:21 FAX 808 926 7719 OCEANSIDE 1250 Z006 (c) Any other monetary contribution paid to the COUNTY from developers or land owners, whom the COUNTY determines as benefiting from the Bypass Highway, to address potential regional impacts of such developer's or land owner's development on road facilities; (2) In addition to the reimbursement funds identified in Paragraph (15.c.1), OCEANSIDE shall be entitled to "Fair Share" contributions in the amount of $3.6 million, as may be adjusted from time to time, paid to the COUNTY by Kealakekua Development Corporation or its successors to address potential regional impacts of Kealakekua Development Corporation's project, less 51.3 million representing contributions toward Mamalahoa Highway Improvements and improvements to Greenwell Park as required by Conditions K and N(2), respectively, of Ordinance 95-70, as may be amended. (3) Should the COUNTY Council adopt an impact Fee Ordinance, developers and land owners whom the COUNTY determined as benefitting from the Bypass Highway shall receive Highway Credits to be applied toward the requirements of a Impact Fee Ordinance. (4) So long as the COUNTY shall assess those new rezonings 3yhich increase the allowable Density of develonmenta under common owne1chin o. f each landowner in the vicinity of Mamalahoa Highway a fair share contribution, or if adopted, an impact fee, to address the regional impacts of the aggregate in rc eaCPrl not h o 'gln 1 Density gL their developments on road facilities, OCEANSIDE acknowledges and understands that should any funds or options identified in the preceding sections 15.b and c. fail to materialize or fail to meet the remainder of the total cost of the Bypass Highway, the COUNTY shall not be held responsible for any reimbursements. 24 03-1311,98 16:22 FAX 808 326 7713 OCEANSIDE 1230 PO' d. "Benefit' to Other Developments. The COUNTY finds that certain geographic portions of Mamalahoa Highway are currently congested and that any new development is severely restricted because of traffic considerations. Developments within the geographic region extending from Keauhou to the north and to Hawaiian Ocean View Estates to the south will benefit in varying degrees from the construction of the Bypass Highway. This benefit is based on the congestion relief provided by the Bypass Highway to Mamalahoa Highway/Kuakini highway as well as by providing direct access to the land along the Bypass Highway corridor. Accordingly, the amount of the 'benefit" of the bypass Highway will vary by geographic region. (1) Amount of Reimbursement to OCEANSIDE. The amount of the COUNTY's reimbursement to OCEANSIDE shall be based on a percentage of those income sources identified in subparagraph (15.c) which are collected or assessed by the COUNTY from other developers and land owners whom the COUNTY has determined as benefitting from the Bypass Highway. The percentage paid shall be in accordance with the geographic areas as described below, and as more particularly shown on Exhibit "P". Alta D==M m P .r n a 1. Keauhou 25% 2. Honalo-Captain Cook- Existing Mamalahoa Hwy Corridor 80% 3. Honalo-Captain Cook - Mauka Area 100% 4. Honalo-Captain Cook - Makai Area 10070 5. Captain Cook to Milolii 65% In recognition of the existing Keaiftu egad and traffic mprovem~en_ t% an-,Eair~Share" consthction im2act fee or similar fee ass csed on neti r >nnipgs by Lhe County council in the Keauhou Area may b satisfied in the form of cash land and/or facilities or any combination thereof acceptable to the Director. 223