HomeMy WebLinkAboutCOM 0759.010 1996-1998
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BOBBY JEAN LEITHEAD-TODD
Couneihnember . ti1X: (811~) 0h 09
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COUNTY COUNCIL
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Hilo, Hawaii 96720 Count' Council
March 31, 1998
TO: James Y. Arakaki, Chair
and Members of the Hawaii County Council
FROM: Bobby Jean Leithead-Todd, Chair 1
Committee on Planning l
Re: Proposed Resolution No. 244, Draft 3 (Development Agreement)
Applicant: 1250 Oceanside Partners
Attached for your favorable consideration is proposed Resolution No. 244, Draft 3 with the
following modifications to the Development Agreement as of April 1, 1998:
1. To be consistent with the definitions listed in the agreement, the tern "Seller(s)"
was converted to "Person(s)" throughout the agreement.
2. The word "Density" was added to the definitions list.
3. Section "1 lc" was deleted, so section "1 Id" became the new "1 lc".
4. Section "12c" was amended as follows:
"The County shall impose no additional fair share assessments or any impact fee
ordinance requirements relating to regional highway impacts on Persons whose
lands have been donated to the County or sold for the Right-of-Way and who
develop their lands in conformance with existing zoning."
5. Section 15(c) adds the clause "in accordance with Council policy".
6. Section "15c (1) (b)" replaces "South Point" with "Milolii".
7. Section "15c (4)" replaces the first word of the paragraph "So" with "As", and
adds the clause "in accordance with Council policy".
8. Section "15d" replaces "Hawaiian Ocean View Estates" with "Milolii"
9. Section 15d(1) adds "*In recognition of the existing Keauhou road and traffic
improvements, any "Fair Share" contribution, impact fee or similar fee assessed
on new rezonings by the County Council in the Keauhou Area may be satisfied in
the form of cash, land and/or facilities, or any combination thereof acceptable to
the director" as an explanation for Keauhou's 25%.
10. The signature page replaces "OCEANSIDE 1250" with "1250 OCEANSIDE 759 !D
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PARTNERS".
11. Exhibit "P" was amended as discussed.
Resolution No. 244, Draft 3 includes the addition of the final "Whereas" and references
to the modified Development Agreement.