REP PC 089 06/20/2006 2004-2006 - Laserfiche WebLink

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_ REPORT OF THE COMMITTEE ON PLANNING DATE: June 20, 2006 Re: Comm. No. 106.83 PLACE: Sheraton Keauhou Bay Resort and Spa Kailas-Kona, Hawaii TIME: 10:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii Your Committee on Planning, to which was referred Communication No. 106.83, reports as follows: As part of conditions of rezoning TMK No. 7-5-17: 19 and TMK 7-5-17:23 owned by applicant Puaa Development, LLC and Suffolk Investment, LLC, Ordinance Number OS 113 and OS 115 imposed conditions outlining a process for the development and use of approximately 5 acres of land for a school. At the Mazch 21, 2006 meeting of the Planning Committee, Applicant reported that following solicitation and receipt of public input, Innovations Public Charter School Foundation was selected and recommended to be the recipient of the 5-acre school site. There was no opposition to the selection and recommendation of Innovations Public Charter School Foundation as the recipient of the school site. At its June 20, 2006 meeting, the Planning Committee considered Communication No. 106.83 transmitted by Planning Consultant, Sidney Fuke, dated May 17, 2006. Attached to Communication No. 106.83 was a draft Conveyance Agreement between Innovations Public Charter School Foundation as "Buyer", and Puaa Development, LLC and Suffolk Investment, LLC, collectively, as Seller, and included a request that the agreement be reviewed and submitted to the Council for approval. At this Planning Committee meeting, Mr. Brian Cook and representatives of Innovations Public Charter School were present. Committee Vice Chair Pete Hoffmann stated his concern of how to ensure the initial intent that the 5-acre parcel be used specifically for a school is maintained, should Innovations Public Charter School cease to operate at some time in the future. Mr. Hoffmann stated although this was his main concern, it was probably something that the Council would have to track. Council Vice Chair Virginia Isbell asked Usha Coffer of Jung & Vassar, attorney for Innovations Public Charter School, to explain the school's position and clarify terms of the agreement. Ms. Coffer stated the agreement specifically tracked provisions of the County Ordinances requiring that the land revert back to the county if Innovations school ceases to operate. Ms. Cotner stated that the county could request to include a provision within the agreement stating the property has to be used solely for school purposes if Innovations ceases to operate, or, it can amend the Ordinances to so provide. Ms. Kate Jacobson, local school board chairperson and Innovation Foundation boazd member thanked Mr. Cook for providing the needed infrastructure for the school and thanked the council for its innovative way in resolving this matter in a win-win situation for all. Committee Chair Pilago confirmed that all parties were in agreement with the proposal before the Committee. PC REPORT NO. 89