HomeMy WebLinkAboutREP PC 101 03/17/1998 1996-1998 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
i ~
agreement and application to the office of the Mavor• and
Planning Director V irginia Goldstein explained the context of the development agreement and
provided the attached handout which summarized the development agreement provisions in
relation to the conditions of approval.
Pursuant to Section 30-5(f), Hawaii County Code, "a public hearing on the proposed
development agreement shall be held in the council district where the subject property and
development requirements are located. In the event that the location of either the subject
property or the proposed development requirements set forth in the development agreement are
located in more than one council district, the public hearing shall be held in the council district
most affected by the proposed development as determined by the County." Your Committee
announced that the subject public hearing will be held on Wednesday, March 18, 1998, at 7:00
P.M. at the Kona Surf Resort and Country Club.
Your Committee on Planning concurs with the intent and purpose of Resolution No. 244, Draft
2, and recommends its adoption.
Bh
AYES NOE A&E EX Respectfully submitted
LEITHEAD-TODD X COMMITTEE ON PLANNING ~
TYLER X '
c_f~~ ~ ~°y
aEVNOLDS X BOA JEAN LEITHEAD-TODD, CHAIR
SANTANGELO
sMiTx x PC REPORT NO. 101
YAGONG X
ARAKAK~ e.o.na. ADOPTED: APR 0 1 1996