REP PC 027 06/14/2005 2004-2006 - Laserfiche WebLink

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Communication 107 Bill 32 Page 5 2) The applicant has to make necessary on-site improvements for the school site and playground area, as well as up to $600,000 of building or structural improvements, as may be mutually agreed ro between the entity and the applicant. These improvements have to be completed prior to issuance of occupancy permit for any portion of the rezoned area; 3) The selected entity has to commit. to finding additional funds as may be necessary to be able to open up the school prior to or in conjunction with the issuance of a residential occupancy permit; and 4) If for any reason the school use is terminated, the land and improvements thereon would be conveyed to the County of Hawaii. The County, in turn, would be in a position to use the property for another school or for some other public purpose as it deems appropriate. "As renresen~ed b ~ [he ap~licun( within ninely(90) da sy ~ after the effective date ofthis ordinance the applicant shall solicit the input o(the Stale Department of Education jDOE) community and County Council m de/ermine which eoyernmenl agency or entity such as aDOE-certified "public charter" school would be the recipient o this school site. The school sire and any improvements thereon shall be conv_eyed via lease or ee to the identi red recipient for $1.00 with the understanding that said colt ~ nr aeeney would he able to secure culditional funds as may he necessary to have a school opened prior [o nr in conjunction wish the issuance ofa residenlia! occupancy permit on the .cubiec't ro er Further should the school use be terminated for any reason the land and improvements [hereon shall be con_v~ed to the County ofKawai `i at no cos7. Within sixty 1601 dais ofthe identi tcatiaet ofthe receiving ueency or entity a dr~i of an at~rcemeni renectinx [he terms oudr'ned in this ordinan_~e shall be submitted to the County Coiencil for its review as to consistencV~ As lurther represented by the applicanu, the applicant, successors, ar assigns shall l1 prior to the issuance ofa buildingpermit far any residential or commercial structures on the suhiect .rite a/ subdivide and dedicate or cause the dedication of5 acres ofland within the T.M.K. 7-5-17: 19 and/or T. M K _?-5-1 23 for a school .cite to the ,State DOE or aDOE-certified "public charter"~ and hl proti~ide the necessary inh-artructure to the site, including vehicular access and utilit~ystems ~ ands prior, tq the issuance afu Certificate ofOccupancyjor any residential structures on the subiecl sits make lee necesrary on_site land improvements for the school and associated pdayyrnund area as well us consn~uct or cause the construction oTto $600 000 o(buildinp or structural improvements ar mcrv he muneaii ~ u reed to between the applicant and the receivinQ~ency or entity. These improvements are desirnaed ro facilitate the o Benin o a school prior to the occupanc~ofany residential struc[m~es nra the e'ub ~ect r~erty_ " 7. Amend Condition W (formerly Condition "V") This provision makes clear that certain off-site road work, because they have broader public benefit. will be credited against the applicant's fair share road requirement. Furthermore, since the school and its park area may also be used for public recreational and related purposes, the applicant's park and recreation fair share is being credited. To also increase the potential for making more improvements to this site, including the construction of school structures on the site, the value of the land will he determined using the applicant's purchase price and not at the time of conveyance when improvements and/or price escalation have occurred. Furthermore, since a maximum of $600,000 of structural improvements for the school site are being required of the applicant to facilitate the construction of a school, future fair share credit for the balance of the applicant's undeveloped properties would be given. PC REPORT NO. '7