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Communication 107 <br /> BiII 32 <br /> Page 6 <br /> "(n lieu ofpaying the Jair share conlrihullon, the applicant mcry contribute land and/or construe! <br /> improvements/facilities related to purks and recreation, fire, police, solid waste disposal facilities and <br /> roads irithdn the region impacted by the proposed development, subject to the review and <br /> recommendation of the Planning Director, upon consultation with the appropriate agencies and <br /> approral of the County Council Improvements to the drainage as it croeses under Kuakini Highway <br /> ~n~++'J the road improvements al the Kualdni Highway intersection and the mauka/makai spine road <br /> up to entrance ofthe prnnosed rental howang project shall be credited again.rl the roacf,jair share. <br /> Relative to the requirements fur the school as outlined in Condition U the value ofland -which shall <br /> he based on the per acre purchase cost ofthe ~lacant - the cost oflhe infrastructure (road and <br /> utili ~ to the subiect rile and the cost ofsitepreparation /i~r the school and playground area shall be <br /> credited against the park and recreation air share. The construction ofany structures on the subject <br /> site shall be credited agains! the balance if any of the park and recreation fair share ofthis <br /> ordinance and/or any future pork and recreation fair share reyulremen( (i~r T.M. K. 7-5-17: 23 and <br /> 26- " <br /> 8. Re-letter Conditions "W to BB" to "X to CC" <br /> After much discussion, Your Committee further amended Bill 32 to draft 3 as follows: <br /> 1. Amend New Condition V: <br /> "As represented by the applicant, within ninety(90) days after the effective date ofthis ordinance, the <br /> applicant shall solicit the input of the State, Department of Education (DOE), community, and County <br /> Council to determine which government agency or entity, such as aDOE-certified "public charter" <br /> school, would be the recipient ofthis school site. The school site and any improvements thereon shall <br /> be conveyed via lease [~-fee] to the identified recipient for $ I.00 with the understanding that said <br /> entity or agency would be able to secure additional funds as may be necessary to have a school opened <br /> prior to or in conjunction with the issuanca of a residential occupancy permit on the subject property. <br /> Further, should the school use he terminated for any reason, the land and improvements thereon shall <br /> be conveyed to the County of I lawai`i at no cost. <br /> Within sixty (60) days of the identification of the receiving agency or entity, a draft of an agreement <br /> reflecting the terms outlined in this ordinance, shall be submitted to the County Council for its review <br /> has-teeensistemsy] and approval." <br /> <br /> 'there was discussion regarding adding a condition requiring a school in the subject project. Council Member <br /> Virginia Isbell noted that the Council should have been doing this type of sensitivity planning years ago. She <br /> <br /> stated that all aspects of the infrastructure connected with a particular development should be considered and <br /> <br /> shortfalls addressed. Planning Committee Co-Chair Pete Hoffmann emphasized that with this effort the <br /> <br /> Council has an opportunity to set a significant precedent and truly make a difference. The developers have <br /> <br /> sought to respond to community and Council concerns regarding various infrastructure shortfalls, particularly <br /> <br /> schools. 'T'his co-operation marks a noteworthy change in how these issues will be considered in the future. <br /> Furthermore, Planning Director Chris Yuen noted that the developer shall be entitled to excess credits pursuant <br /> <br /> to Chapter 11 of the Hawaii County Code should this new condition be added. <br /> <br /> Council Chair Stacy Higa suggested a gym or a park on the donated five acres might be more appropriate, <br /> <br /> especially since the cost of the site preparation for the school and playground area would be credited against <br /> <br /> the parks and recreation fair share that the developers have [o pay. Council Member James Arakaki suggested <br /> <br /> that an amendment be made to include a County Agency as the recipient of the five acres if the State <br /> Department of I~:ducation could not do the project. <br /> PC REPORT NO. 27 <br /> <br />