03-29-2008, 04:59 PM
People like Bob Ortz don't get it because they haven't been through the process. Let me try to walk you through the process. First you need to find a site. In Hawaii, it needs to have commercial zoning or you need to get a special use permit. No problem. There really are no suitable commercial zoned lots that are vacant. So let's assume you are going to go the special use permit route. Okay, first you need a site. The landowner has to agree to lease the site too you as schools can't buy the lot. Now you must get the landowner to file all the documents and the landowner has to be willing to wait 8 to 9 months to see if they are able to actually lease the school the property. Remember they have to have the permit first and it's a 8 to 9 month process. The landowner also has to be willing to be dragged to through the mud in the press and testify in public at the County Council meeting. Usually, when the landowners find out what they got themselves into they flee, as expected. But you are lucky and you found a landowner who will endure all the negative press and the contest that comes from all the surrounding neighbors. You say rightfully so and okay the neighbors get their say.
Now to file the special permit before all this takes place, the fee is only $100 to file and that's no problem. However you need to have all of the following reports:
1. An archaeological inventory report
2. Floral and Faunal Resources study
3. Valued Cultural Resources that identifies any traditional customary native Hawaiian rights that are exercised in the area.
4. Traffic analysis and access study
5. Availability of utilities: Water, telephone, electricity, sewage disposal.
6. Discussion of how the request will promote the effectiveness of Hawaii Revised Statues Chapter 205 and is not contrary to Chapter 205A, Coastal Zone Management. (Chapter 205 regards land use in State Agricultural Lands, which does not permit schools within State Agricultural land) Chapter 205A requires Coastal Zone impacts and discussion along with Mountain access.
7. You must demonstrate the desired use shall not adversely affect the surrounding properties.
8. You must demonstrate such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection.
9. You must demonstrate the proposed use will not substantially alter or change the essential character of the land and the present use.
10. The proposed use will not be contrary to the goals, policies and standards of the General Plan and other applicable documents such as community development plans and design plans
11. You must show the proposed use is an unusual and reasonable use of land, which would not be contrary to the objectives to be sought by the Land Use Law and Regulations.
12. You must list the names and send notices at specific times to all owners within 300’ of the site boundaries, who will more than likely take issue with several items if not the use itself.
13. Finally, you must attend hearings where the above will be debated, the press and your neighbors will vilify you.
The above studies can run you significant amounts of money, especially if you have a suitable lot for a school. For WOL’s 20 Acres we are talking around $100,000. For a 1-acre lot in Hawaiian Paradise Park, maybe $15,000 will get it. I know because I’ve paid for them on both sizes. Now a start up charter school has no money for this, and even less before they are a school. They are not allowed to be shelling out $15,000 or more for such studies, and the it’s the landowner who has to file. So the landowner has to be willing to spend this money upfront hoping that in 8 to 9 months they will be able to lease their site to a school. Schools don’t even lease the land for that kind of money.
Now if the above seems like a lot. It’s only the first step. The above only gets you through the Planning Department’s Special Use Permit Process, maybe. You still need to have health and safety requirements met by Building Division along with Fire Department, Water Department and State Health and Safety requirements. The Building Division requires the school or landowner to hire an engineer familiar with commercial educational codes to put together all their requirements. They won’t even look at plans unless they have a commercial engineer’s stamp. Were not talking residential here and there’s a big difference. The Building Department won’t even talk to you or me about what’s necessary. To get through the Building Division process, you again can’t be operating a school or you face $1,000 a day fine plus a year in jail – that’s what shuts them down. So the landowner has to be willing to invest another $15,000 or so to meet Building Division’s requirements. And to be honest $30,000 would be cheap to meet it all. I’ve spent $58,000 for the first study on a 5-acre site and still don’t know if it’s going to happen. But again, there is no money for a charter school to spend on any of this because they are barred from doing so.
This is the reason, Bob the federal law was written to give the charter schools their autonomy. Did you ever wonder why it takes 20 years and 18 million of your taxpayer dollars to start a DOE public school?
-Puna Haku
Now to file the special permit before all this takes place, the fee is only $100 to file and that's no problem. However you need to have all of the following reports:
1. An archaeological inventory report
2. Floral and Faunal Resources study
3. Valued Cultural Resources that identifies any traditional customary native Hawaiian rights that are exercised in the area.
4. Traffic analysis and access study
5. Availability of utilities: Water, telephone, electricity, sewage disposal.
6. Discussion of how the request will promote the effectiveness of Hawaii Revised Statues Chapter 205 and is not contrary to Chapter 205A, Coastal Zone Management. (Chapter 205 regards land use in State Agricultural Lands, which does not permit schools within State Agricultural land) Chapter 205A requires Coastal Zone impacts and discussion along with Mountain access.
7. You must demonstrate the desired use shall not adversely affect the surrounding properties.
8. You must demonstrate such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection.
9. You must demonstrate the proposed use will not substantially alter or change the essential character of the land and the present use.
10. The proposed use will not be contrary to the goals, policies and standards of the General Plan and other applicable documents such as community development plans and design plans
11. You must show the proposed use is an unusual and reasonable use of land, which would not be contrary to the objectives to be sought by the Land Use Law and Regulations.
12. You must list the names and send notices at specific times to all owners within 300’ of the site boundaries, who will more than likely take issue with several items if not the use itself.
13. Finally, you must attend hearings where the above will be debated, the press and your neighbors will vilify you.
The above studies can run you significant amounts of money, especially if you have a suitable lot for a school. For WOL’s 20 Acres we are talking around $100,000. For a 1-acre lot in Hawaiian Paradise Park, maybe $15,000 will get it. I know because I’ve paid for them on both sizes. Now a start up charter school has no money for this, and even less before they are a school. They are not allowed to be shelling out $15,000 or more for such studies, and the it’s the landowner who has to file. So the landowner has to be willing to spend this money upfront hoping that in 8 to 9 months they will be able to lease their site to a school. Schools don’t even lease the land for that kind of money.
Now if the above seems like a lot. It’s only the first step. The above only gets you through the Planning Department’s Special Use Permit Process, maybe. You still need to have health and safety requirements met by Building Division along with Fire Department, Water Department and State Health and Safety requirements. The Building Division requires the school or landowner to hire an engineer familiar with commercial educational codes to put together all their requirements. They won’t even look at plans unless they have a commercial engineer’s stamp. Were not talking residential here and there’s a big difference. The Building Department won’t even talk to you or me about what’s necessary. To get through the Building Division process, you again can’t be operating a school or you face $1,000 a day fine plus a year in jail – that’s what shuts them down. So the landowner has to be willing to invest another $15,000 or so to meet Building Division’s requirements. And to be honest $30,000 would be cheap to meet it all. I’ve spent $58,000 for the first study on a 5-acre site and still don’t know if it’s going to happen. But again, there is no money for a charter school to spend on any of this because they are barred from doing so.
This is the reason, Bob the federal law was written to give the charter schools their autonomy. Did you ever wonder why it takes 20 years and 18 million of your taxpayer dollars to start a DOE public school?
-Puna Haku
-Puna Haku