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HomeMy WebLinkAboutCOM 0106.081 2004-2006 SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (608) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits E-mail: sidfuke@verizon.net • Environmental Reports February 21, 2006 RECEIVL~ Honorable Stacy Higa, Chairman 1:30 and members of the Council 3 03 o6 ~ HAWAI"I COUNTY COUNCIL ~„nh, 25 Aupuni Street Hilo, HI 96720 Dear Honorable Stacy Higa and members of the Council: Subject: Ordinance No. 05113 (Suffolk Investment, LLC) and Ordinance No. 05-115 (Fuse Development, LLC), TMK: 7-5-19:1 & 19 Condition U of Ordinance No. OS 113 and Condition V of Ordinance No. OS 115 relating to the setting aside of 5 acres of land for a school site are identical. This condifion required the applicants to solicit the input of the State Department of Education (DOE), community and County Council to determine which government agency or entity would be the recipient of this school site. Specifically, the condition reads: "As represented by the applicant, within ninety (90) days after the e~'ective date of this ordinance, the applicant shall solicit the input of the State Department of Education (DOE), community, and County Council to determine which government agency or entity, such as aDOE-certified 'public charter' school, would be the recipient of this school site. The school site and any improvements thereon shall be conveyed via lease to the identified recipient for $1.00 for the duration of the lease, with the understanding that said entity or agency would be able to secure additional 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 be terminated for any reason, the land and improvements thereon shall be conveyed in fee to the County of Hawaii at no cost within thirty (30) days of the date of fermi»atton. Within sixty (60) days of the identification of the receiving agency or entity, a draft of an agreement reflecting the terms outlined in this ordinance shall be submitted to the County Council for its review and approval. As further represented by the applicant, the applicant, successors, or assigns shall, I) prior to the issuance of a building permit for any residential or commercial structures on the subject site, a) subdivide and dedicate or cause the dedication of 5 acres of land within the T.M. K. 7-5-l7: 19 and/or T.M. K 7-5- 17: 23 for a school site to the State DOE or aDOE-certified `public charter'; and Comm. h+o. Q ~O • g I Rif. To: F, f. i"ot~ Honorable Stacy Higa, Chairman February 21, 2006 Page 2 b) provide the necessary infrastructure to the site, including vehicular access and utility systems; and 2) prior to the issuance of a Certificate of Occupancy for any residential structures on the subject site, make the necessary on-site land improvements for the school and associated playground area, as well as construct or cause the construction of up to $600, 000 of building or structural improvements as may be mutually agreed to between the applicant and the receiving agency or entity. These improvements are designed to facilitate the opening of a school prior to the occupancy of any residential structures on the subject property. Based on this condition, the applicants were required to solicit the necessary input prior to November 5, 2005. However, as noted in my letter of November 1, 2005 to the Planning Director, the applicants requested a 90-day extension until February 5, 2006 due to some issues that needed to be addressed with the State Department of Transportation. A copy of this request, which is attached, was also provided the Council. Although there may be subsequent follow up meetings, the applicants basically completed their discussions with both the State and various interested entities within the community prior to February 5, 2006. Accordingly, this letter is intended to give you a report of the applicants' efforts as well as to solicit your thoughts relative to identifying a suitable government agency or entity for this school site. Once this agency or entity is identified, the applicants are obligated to submit a draft of this conveyance agreement to the Council for its review and approval within sixty (60) days. Please be informed that over the past few months, the applicants' representative, Mr. Brian Cook, met with representatives of the State Department of Education and other potential private entities. Mr. Art Souza, West Hawaii Complex Area Superintendent, informed Mr. Cook that the DOE's land criteria is twelve (12) acres. Nonetheless, he asked Mr. Cook to follow up this matter with Mr. Nick Nichols and Ms. Heidi Meeker of the State office in Honolulu. Mr. Cook had several meetings with those individuals and was informed that Ms. Meeker would get back to him again relative to the State's official position on this matter. We may have new information to provide you with when this matter comes up for discussion by the Council. At the same time, Mr. Cook met with several entities that expressed an interest in this site. These were Montessori Education Center of Hawaii, Makua Lani Christian High School, and the Innovations Public Charter School ("Innovations"). Of these, Mr. Cook believes that Innovations best represented the objectives sought by this condition. It is a public charter school that has a high visibility and credibility within the community, factors which aze important in any fundraising effort. Honorable Stacy Higa, Chairman February 21, 2006 Page 3 The proposed program by Innovations also appeared attractive to Mr. Cook. Innovations proposes to operate a K-5, public chazter elementary school to serve up to 200 students. It also proposes to eventually incorporate a preschool program at the campus. I am enclosing a copy of its letter to you, dated January 28, 2006, which outlines its governance, financial capability, overall program, and the like. We look forwazd to your comments and further directions on this matter. Once that is done, the applicants can make their selection. Subsequently, the appropriate agreement can be prepared and submitted to the Council for its review and approval. The applicants, like the County and community, aze anxious to see this project come to fruition. Should you have any questions in the meantime, please feel free to contact me. Thank you very much. 'ncer ly, ti SIDNEY M. FUKE Planning Consultant Enclosures Copy - Mr. Brian Cook w/o enclosures I SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning • Subdivision • Land Use Permits Telephone: (808) 969-1522 • Fax: (608) 969-7996 • Environmental Repons E-mail: sidfuke@verizon.net November 1, 2005 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Zoning Time Extension - Suffolk Investment, LLC (Ord. 05 213) and 1'uaa Development, LLC (Ord. 05- 115). TMK: 7-5-17: 1 anti 19 Condition U of Ordinance No. 05 113 and Condition V of Ordinance No. OS 115 relating to the setting aside of 5 acres of land for a school site are identical. These conditions required the applicants to solicit the input of the State Department of Education (DOE), community and County Council to determine which government agency or entity would be the recipient of this school site- Asyou are aware, there are drainageways within the subject parcels as well as existing and planned drainage improvements where the subject properties abut the extension of the Queen ICa'ahumanu Highway. The location and resolution of these drainage improvements will weigh heavily on the ultimate configuration and infiastructure cost to prepare this school site. Accordingly, since passage of these ordinances, the applicants and their engineers have been working closely with Mr: Brennon Morioka (deputy director) of the State Department of Transportation (DOT) and his staff to address these issues. The applicants have already submitted its proposal to the State DOT and are awaiting its response. Hopefully, that should occur within the next month. Once there is consensus on the planned drainage improvements, the exact location and configuration of the school site can be determined. Because questions regarding the exact location and configuration of the school site and associated costs will probably come up during the required consultation process with the community and the County Council, the applicants felt it best to schedule these meetings only after the site planning issues could be answered. Hopefully, given the upcoming Holiday Season, that will occur in early January. Notwithstanding the above, however, the applicants have had a number of meetings and/or discussions with three (3) existing schools. A meeting with Ms. Linda Smith of the State DOE is also planned within the next two weeks. i 1 Mr. Christopher Yuen, Director November 1, 2005 Page 2 Based on the above and pursuant to condition Z of Ordinance No. OS 113 and condition BB or Ordinance No. OS 115, the applicants respectfully request an additional three months (February 5, 2006) to complete this consultation process: Recognizing the importance of these projects to the community particulazly from an infrastructure perspective, the applicants have every intention to fulfill this and the other conditions of approval in a timely fashion. 'thank you very much. S_incerel~ SIDNEY M. FUKE Planning Consultant Copy -Hawaii County Council Puaa Development, LLC Suffolk Development, LLC i 1 Innovations Public Charter School 78-5815 Queen Ka'ahumanu Hwy. Kailua-Kona, Hawaii 96740 Phone: 808-327-6205 Fax 808-327-6209 www.ipcs.info January 28, 2006 Deaz Council members, Brian Cook, developer of the Pualani Estates Makai project has asked Innovations Public Charter School to be the recipient of the community donation described in the Hawaii County ordinance as it pertains to TMK 7-5-17 or 23. We thank the Council for their forethought in creating this opportunity to increase access to high quality public education. It is the intention of Innovations PCS to build a K-5 public charter elementary school on this 5-acre site. An ad hoc committee consisting of educators, parents and community members has been formed to work out the details of curriculum, architectural design, and financing. The participants of this committee reflect a wide range of professional expertise. In particulaz, five of the fifteen-member committee are experienced in starting, building and administering awazd winning schools in Hawaii. Bill Woerner: Founding Director of West Hawaii Explorations Academy, IPCS Campus Project Manager, retired educator Barbara Woerner: Founding and current Director of Innovations PCS Jen Hiro: Founding and current Teachei, Innovations PCS, Cumculum Specialist Kate Jacobson: IPCS Local School Board Chair, IPCS Capital Campaign Director, Design Committee, Kona. Pacific Waldorf School (2001-2003) Rita Calvan: West Hawaii Explorations Academy, Founding Teacher of WHEA Middle School Program, Founding Teacher, Mililani Middle School, Oahu It is anticipated that the school will serve up to 200 students and consist of six learning centers, an administration building, anopen-air pavilion and a bathhouse. In total, there will be approximately 10,000 - 12,000 square feet of built space. In addition to the K-5 school, the committee hopes to eventually build a preschool program that would offer child development and pazenting classes. The ad hoc committee is dedicated to expanding educational options for the Kona community and intends to use this property to its highest potential. Admissions Policy: The school will be tuition free and enrollment will be open to all students regazdless of race, color, creed, sex, ethnicity, mental or other special needs. Governance: Innovations is governed by a Local School Board (LSB) comprised of ten members representing the following constituencies: Administration (1), Staff (1), Pazent Representatives (3), Faculty (2), and Community Representatives (3). Financial Capability: A Capital Campaign will be designed to solicit funds from a combination of sources that will include: government support, leadership donations, foundation grants, local business contributions and gifts from the private sector. The Innovations PCS Foundation, a SOlc(3) non-profit organization that provides financial support to 1PCS, recently negotiated the first commercial construction loan for a charter school facility in the State of Hawaii ` Overview of Innovations Public Charter School: Five former Department of Education (DOE) teachers created Innovations, Kona's fast and only elementary charter school, in 2001. The founders embraced the state legislature's challenge of educational reform. IPCS was designed as a research and development center modeling successful teaching methods that are transferable to other schools in the state and throughout the nation. IPCS is best known for its multi-age groupings, inquiry and project-based focus, service learning, abundant balance of art and technology, student centered learning, challenging curriculum, pazent involvement and its caring and experienced staff. Innovations is committed to collaborative decision making and creating opportunities for leadership to develop within the learning community. Students at Innovations learn how to learn -how to question, how to reseazch, how to analyze, and how to be successful working independently and with others. Out ultimate goal for students is the development of a love for learning and the ability to think critically and solve problems, with awazeness of the environment and the outside community, and with the capacity to be active productive citizens. IPCS students consistently exceed district and state averages on the Hawaii Standards Based Test and surpass the national norm on the SAT. Innovations is the proud recipient of the Hawaii Distinguished School Award in 2004. The need for this type of educational opportunity is evidenced by community demand. Presently, there are 115 students on our waitlist and 70 applications are pending the April 1 draw. Governing Documents: Documents guiding the governance of IPCS include, but aze not limited to, Acts 62 and 187, Hawaii Revised Statutes, 1999; the Detailed hnplementation Plan approved by the Hawaii Boazd of Education; wntracts between the Hawaii State Teachers Association, the State and County of Hawaii, and the LSB; federal statutes pertaining to education; federal and state health and safety laws and regulations; and contracts and Memoranda of Agreements that may from time to time be established between the school and other agencies and entities. Experience: Innovations is at the forefront of transforming the pazadigm of how educational services aze distributed to public school children. As a coalition of leaders, we value small-scale neighborhood schools where generations gather to share knowledge, where critical thinking skills are practiced with joy and where cultural and economic diversity aze considered strengths. Innovations recently partnered with a local landowner, Len Welter, and built a beautiful learning facility on a five-acre parcel in central Kona. IPCS and its supporters secured all necessary land-use and building permits and solicited financial and in-kind donations. This was accomplished in a timely and cost efficient manner and successfully involved hundreds of community members donating thousands of volunteer hours. The synergy created by an entire learning community focused on a common vision holds promise for the future of education reform. Financial: As a public chazter school, per pupil funding will come from the Hawaii Department of Education for operational expenses. Charter schools aze free public schools of choice expected to meet the same state and federal standazds as other public schools. Currently, charter schools receive only 60% of the allocations given to traditional state schools and no funding for facilities. However, charters have flexibility over spending and ate free to craft curriculum that best meets the needs of their students. There are currently several bills being considered by the Hawaii State legislature to provide facility funding for charter schools: SB3054, SB1070, and SB1644. Although equitable funding for all public schools would accelerate our capability to expand our awazd ..finning programs, we feel confident in our fundraising skills. i Innovations PCS Foundation: The Innovations PCS Foundation was formed as a 501 c3 non-profit corporation to provide organizational and financial support to IPCS. There is strong collaboration between the IPCS Local School Board and the Foundation Board. The Foundation fiilfills its mission by: • Raising awareness and funds for capital improvements • Creating opportunities for donors to participate • Maintaining governance associated with S01(c) 3 non profit tax status • Providing outreach to the greater community • Lending professional expertise and logistical oversight Timeline: Action Duration Responsible Product Fotm planning committee 0 weeks IPCS boazd Schedule Project overview 1 week K. Jacobson Overview Visioning/staff 3 weeks IPCS staff Facility preplanning sketch Cook Prelim Preliminary building 2 weeks areh/planners design design Cook Plan Grading plan/approval 4 weeks areh/planners approval Design Infrastructure 6 weeks Cook design/external areh/planners Revise DIP for Authorizer 1 week IPCS staff Revised DIP County SUP 20 weeks County/IPCS Approved board SUP Architectural plans 8 weeks IPCS/architect Plans Engineering 12 weeks IPCS/Civil Engineering Engineer plans Landscaping plan 3 weeks IPCS/Land Plan scape Arch. County plan approval 20 weeks Planning/Build Approval ing Dept. Contracts-General, 4 weeks IPCS board Contracts plumbing, electrical Infrastructure/internal 8 weeks IPCS/contractor Constmcfion 10 months IPCS/contractor Landscaping/irrigation 3 months IPCS/contractor IPCS Elementary School Project J F M A M J J A S O N D J F M A M 7 J A S O N D] F M A M] J A S O N D Action Duratio 0 0 0 6 7 8 Form planning committee 0 weeks Project overview 1 week Visioning/staff preplanning 3 weeks Preliminary building design 2 weeks Grading plan/approval 4 weeks Infrastructure design/exte 6 weeks Revise DIP for Authorizer 1 week County SPA 20 week Architectural plans 8 weeks Landscaping plan 3 weeks Engineering 12 week County plan approval 20 wee Contracts-Genera(, plumbi 4 weeks Landscaping/irrigation 3 months Infrastructure/internal 8 weeks Construction 10 months