HomeMy WebLinkAboutREP PC 089 06/20/2006 2004-2006 _
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
Communication 106.83
Page 2 of 2
Council Chair Higa inquired whether the conveyance to Innovations in fee simple would allow it to
mortgage the property. Mr. Cook responded that under the terms of the agreement, Innovations
would be able to mortgage the property but that he would be monitoring the situation and submitting
annual reports. He stated that in the event Innovations Public Charter School ceased its operation, his
group would work closely with Innovations and insure that any debt or obligation that has been
incurred by Innovations is satisfied prior to transferring the property back to the County. Mr. Cook
further stated the developer itself would clear all outstanding debts or obligations before transferring
the land back to the County.
Chair Higa inquired who would ensure that Mr. Cook's group would be around years down the line.
Ms. Jacobson stated in addition to Mr. Cook's assurances, the Foundation has a provision that should
Innovations Public Charter School cease, its operation must pass to another similar foundation.
Your Committee on Planning is in accord with the provisions of the Agreement between Puaa
Development, LLC and Suffolk Investment, LLC, "Seller" and Innovations Public Charter School
Foundation, "Buyer", and recommends approval of the Conveyance Agreement.
and
Ares Noss nas sx Respectfully submitted,
ARAICAHI X
HICA x COMMITTEE ON PLANNING
HOFFMANN X
HoLSCxoH x lv
H~nA x
ISBELL X K. Angel Pilago, Chair
JACOBSON X
PII,AGO X
sAFARIIC x PC REPORT NO. 89
ADOPTED: ,IUL 0 j 10Qfi