HomeMy WebLinkAboutCOM 0107.003 2004-2006 Pete Hq~Jinann ,,.+os,, K Angel Pilaga
Courrcilnaerraber 8,~.~'~~'~ ~ CaAncilmember
District 9 - Norll~ and South Koha[a District 8 - ,north Kana
Phone No.: (808) 887-2043 Phone No.: (808)327-364?
Fax No.: (808) 887-207? o.•A.+~~ Fax No.: (808) 329-4786
E-Mail: phoffmann~~co.hawaii.hi.us E-Mail: kapilago~ilco.hawaii.hi.us
HAWAII COUNTY COUNCIL
Courtry of Hawai `i
,tune 28, 2005
TO: Stacy K. Higa, Chair, and Counci Members
PROM: Pete I loffmann, Co-Chairman -
Committee on Planning "
K. Angel Pilago, CaChairman~
Committee on Planning 3F~
RE: Proposed Bill No. 33. Draft 3 - Puaa Development, LLC
This is to transmit Bill 32, Draft 3, which is the result ofthe discussion at the Planning Committee meeting of
tune 14, 2005, arnendmcnts as follows:
I . Amend New Condition "V":
As discussed at the Planning Committee, this amendment is designed to
a) clarify that the land and all improvements thereon would be deeded to the County within 30 days
of termination of the school use. This would be done by having the land leased, and not
conveyed, in fee to the State DOE or the designated entity for $1 for the life of the lease; and
further, upon termination of the school use, the landowner would dedicate this land and any
improvements thereon to the County of Hawaii;
b) expand the potential use ofthe 5-acre land to also include recreational and other County activities;
and
c) make clear that the Council must approve o1 the agreement between the landowner and the DOE
or the selected entity.
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 agreement between the landowner and the selected entity.
V. As repre.cenled ht' the applicant, within ninety (90) days after the effective dale of this ordinance,
the applicant sha11 solid! the input gj7he State Department gfEducation (DOEJ, communi[v, and
('aunty Council to determine which governnaent agency or entity, such as a DO&certiJied "public
charter" school, would he the recipirn! of this school cite. %he school site and any impruvernrnts
/hereon shall he convened via lease [rot~eeJ to the identified recipient for $L00 /or the duration n
the lease, with the artderstanding [hut said entity or agency would he able to secure additional
/ Comm. No. 07'3
\ 3 ~Q
Q 3:~ , 1~~ 3 ~ Ref. To: ~reseatro.d
Ref. Uate ,IUN 1 4
Hnwai'i County /s An Equuf Opportunlly Provider And Employer
June 28, 2005
Page 2
funds as may be necessary to have a .school opened prior to or in conjunction with the issuance of
a residential occupancy permit on the subject property. Further, should the school use he
terminated fir any reason, the land oral improvements (hereon shall be conveyed in ee m the
County ajhawaii at no cost within shirt 3U) days ofthe date ofterminntion.
LVithin sixty (60) days of the identification ofthe receiving agency or entity, a draft of an
agreement reflecting the terms outlined in this ordinance, shall he suhmitted to the Coun[V
Gannett for its revieH~ lets-r~wJ and approval.
As further represented by the applicant, the applicant, succese~or,r, or assigns shall, I) prior ro the
issuance ofa building permit for any residential or commercial structures nn the suhjec[ site,
a) subdivide and dedicate or cause the dedication of5 acres of land within the ZMK 7-~-17: 19
nncL'or T M K 7-5-17 Z3 Jnr a school site to the State DOF. or aDOE-certified "public charter":
and h provide the necessary infrastructure mthe sire, including vehicular access and utility
systems; and 2) prior to the issuance ofa Certificate gfOccupancyJbr any residential structures
nn the subject site, make die nece,csarv on-site Land improvements for the school and ass~ocia[ed
playground area, as well ns' construct or cause the enn.clruetion qf~ [o $60Q000 gfhuilding or
structural improvements a.c may be mutually agreed [o between the applicant and the receiving
uger¢cy or colts t~. These inrpro vements are designed to,facilita[e the opening ofa school prior [o
the occupancy many residential structures' nn the sahjcct properly-
2. An editorial change to Condition "W":
W /n lieu gJpaying the fair share contribution, doe applicant may contribute land andior construct
improvemere[s/facilities related to parks and recreation, fire, police, solid waste disposal,faci[ities
and roods within the region impacted by the proposed development, subject to the review and
recommendatinrt of [he Planning Director, upon consultation with the appropriate agencies oral
approval of7he County Council. Imp~~ovemenls to [he drainage as it crosses under Kuakini
highway, the road improvements ai doe Kuakini highwcry intersection, and the mauka/makai
spine road up to the entrance of the proposed rental housing project shall be credited against die
road fan' share-
Relative rothe rc yuirernents fbr the school as outlined in Condition U, the value of the land
whid7 shall be haled on the per acre purchase cost of the uppG~canl the cos[ of the
infrastructure (road and utlity) to the subject site, and the cost ofsite preparation for the school
and playground urea shall be credited against the park and recreation fair share. The
construc/ran of any structures on the subject site shall he credited againe~t [he balance, if any, of
the park and recreation fair share of this ordinance and/or any,future park and recreation fair
share requiremeru for T.M.K. 7-5-17' 23 and 26-"
ICyou have any questions, regarding this measure, please do not hesitate to contact one of us.
Att.
PH/KAP/smc