HomeMy WebLinkAbout11-02-2021 Applicants' Proposed Amendment to Draft FOF, COL, DO November 2, 2021
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1 / Hon. John R. Replogle
Chair
Windward Planning Commission
Aupuni Center
101 Pauahi Street, Suite 3
TED H.S.HONG Hilo, Hawaii 96720
ATTORNEY AT LAW,Luc RE: Remand of SPP 12-000138 to the Windward Planning
Commission
EMPLOYMENT, Applicant: Connections New Century Public Charter
WORKPLACE LAW&LITIGATION
School/Community Based Education Support
Services (CBESS)
P.O.Box 4217,HILL,HI 96720 Tax Map Key: 2-5-006:141
TELEPHONE: (808)933-1919
FAX: (808)935-8281 Proposed Amendment to the DRAFT County of Hawaii,
Windward Planning Commission's Proposed Findings
of Fact, Conclusions of Law, Decision and Order.
Dear Chairperson Replogle and Windward Planning Commission
Members:
Thank you for allowing my clients to review the DRAFT County of
Hawaii, Windward Planning Commission's Proposed Findings of Fact.
Conclusions of Law, Decision and Order in the above entitled matter.
On behalf of CBESS, my client would like to propose the following
amendment to paragraph 24:
Current Draft: CBESS, Proposed Amendment:
24. The Development would 24. The Development would
relocate and expand the existing relocate the existing charter school
charter school which is presently in phases as appropriate, with the
operating from two separate high school as the first phase. All
campuses. The elementary and students K-12 would utilize the
middle schools are in the Kress site for agricultural and other trade
Building on Kamehameha Avenue, education.
in downtown Hilo, and the high
school is in leased facilities at the
Nani Mau Gardens,just outside of
Hilo town.
P.O.BOX 4217,HILO,HI 96720 Connections, due to circumstances, had to give up its lease of the Nani
TELEPHONE: (808)9331919 Mau Gardens and is only operating from the Kress Building.
FAX: (808)935-8281
WEB:TEDHONGLAW.cOM
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Current Draft: CBESS, Proposed Amendment:
�y 66. * * * This paragraph should be stricken
f because it expands the application
` The proposed Development is of the "Public Trust Doctrine" and
State Land and therefore is will have an effect on future
considered a public trust resource. projects.
The proposed use is not contrary
to the public trust doctrine because The "Public Trust Doctrine"
the Applicants intend to use the protects forests, water resources
land for educational purposes that and prime agricultural lands from
will benefit our present and future unnecessary urbanization. Kauai
generations. Further, on the lower Springs, Inc. v. Planning Comm'n
campus, the Applicants intend to of Cnty. of Kauai, 130 Hawai'i
develop an agricultural program, 407, 426, 312 P.3d 283, 299 (Ct.
which would have cultivated App. 2013) cert. granted sub nom.
gardens to teach children how to Kauai Springs, Inc. v. Planning
grow food. On the upper campus, Comm'n of Cnty. of Kauai, No.
the Applicants intend to create a SCWC 29440, 2013 WL
forestry/conservation program, 4779589 (Haw. Sept. 4, 2013) and
which will focus on forest affd, 133 Haw. 141, 324 P.3d 951
resource management and (2014).
conservation and forest ecosystem
restoration. Both programs are in The property which was the
line with the public trust subject of the Special Permit
doctrine's goal to promote the Application is not classified as
furtherance of a self-sufficient "important" by the State
State. There are few higher uses of Department of Agriculture, but
land than to educate our keiki on instead, classified as "D" or
how to cultivate, manage and "Poor" for agricultural activity by
restore the land so that the land the State Land Study Bureau.
may be preserved for future
generations
CBESS does not have any additional proposed amendments for the
Commission's consideration. Thank you for your kind attention to this
matter.
Reslectfull ,
�d�S. on 6-3(
Attorney at Law
Attorney for Petitioner
Community Based Education Support Services (CBESS)
cc: All parties and counsel
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