COM 0106.071 2004-2006 - Laserfiche WebLink

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June 28, ?005 Page 2 It would be possible for the land to be deeded directly to the County, who, in turn, could lease it to the DOE or the designated entity. However, it was felt that having the developer, rather than the County, directly enter into a lease would be more expedient at this stage. Furthermore, the County would still have the ability to make changes or impose protective restrictions, as it must still review and approve of the lease agreement between the landowner and the selected entity. J. ~!s represented by the applicant within ninety (90) days after the effective dare of this ordinance, the applicant shall solicit the input of the State Department of Education (DOE), community, and County Council to determine which government agency or entity, such as a DOE-test Pied "public charter"school, would be the recipient of this school site. The school site and arty improvements thereon shall be conveyed via lease [or feel to the identified recipient for x'1.00 or the duration of the lease with the unders7anding that card entity or agency would be ahle ro secure additional funds as may be necessary to have a school opened prior to or in conjunction with the Issuance of u residential occupancy perrni[ on the subject property. Furthest should the school ore be terminated for mry reason, the land and improvements (hereon shall be conveyed in ee to the County ufHawai'i a/ no cast x~ithin shirty (30/ da~~~he date o tennirration. Within sixty (60/ days of the identification of the receiving agency ar entity, a draft of an agreement reflecting the terms outlined in this ordinance, shall be submitted to the County Council for Its review f~=F~eenses~eneyf and approval. As further represented b}'the applicant, the applicant successors, ur assigns shall. l) prior to the issuance of a building perrni! for any residential or commercial structures on the subject sire, a) subdivide and dedicate or cause the dedication of 5 acres of7and within the ZMK ,'-i-17: 19 and/or T.MK 7-5-17: 23.for a school site to the State DOE or a DOE- certified "public charter and b) provide the necessctrv infrastructure to the .rite, including rehicuhrr uccess~ and utility systems' and 2) prior to the issuance of a Certificate of Uccupancy for uny residential structures an the subjec/ silo, nrake the necessary on-site land improvements for the school and associated playground area, as well as construct or cause the construction of ~ to X600, 000 of building or .rfruc[urai improvements as may he mutually agreed to between the applicant and the receiving agency or entity. There irnprovenrents are designed to foci/state Oze opening of u school prior to the occupancy of any residential structures on the subject property. " 3. An editorial chance to Condition "V": V.... Jn lieu of guying the Jbir share contribution, the applicant mcry contribute land and/or construct improvements/facilities related to parrs and recreation, fire, police, solid waste disposal facilities' and roads within the region impacted by the proposed development, subjec! to the review and recommendation of the Planning Director, upon consultation wish the uppropriate agencies and approva/ of the County Council. Improvements to the drainage as it crosses under Kuakini Hrghway, the road improvements at the Kuakini Highway inlerrection, and the maukahnakai spine road up to the entrance of the proposed rental housing project shall be credited against the road fair share. Relative /o the reyuirements.fortbe school as outlined in Condition U, the value of the land - which shall be haled on the per acre purchase cost of the applicant the cost of the infrastructure (road and utility) to 6he subjec[ site, and the cost of site preparation for [he school and piavgruund area shall be credited against the park and recreation fair share. The con.rtruclion of any straeclures on the subjec! site shall be credited against the balance, if any,