Dear Mr. Parkinson,
Thank you for your letter that was hand-delivered to my office on 23 April 2012. While your letter did not provide many details, it is my understanding that Freedom Academy's plan is to construct a high school for grades 9 through 12, which will eventually add an additional 400 students to the existing 690-student elementary school campus.
To have a school with well over 1,000 students and staff in a residential area on such a small site, where much of it is unbuildable, presents many life safety issues for Provo City. As you well know your current enrollment has taxed the infrastructure of this neighborhood far beyond the original intention of its design. I know of no other use with similar demands that would have been permitted in this location. I was disappointed to read that the Freedom Academy Board has already decided to continue the exploration of this expansion in the face of overwhelming request from the neighbors and City to slow down. It is my impression that we have no idea the impacts this premature decision will create. While I recognize that state law gives Freedom Academy the ability to begin moving forward, I respectfully ask that you proceed in a manner that is not only consistent with state law but also in a way that considers how your decisions will impact the safety, quality of life, property values and well-being of hundreds of Provo residents. State law requires Provo City to ensure that this expansion complies with all applicable state and city codes to ensure the health, safety and welfare of not just the residents of Provo City, but also Freedom Academy’s students, staff and parents. Just as you expect Provo City to deal fairly, reasonably and pursuant to law with Freedom Academy, we expect Freedom Academy to reciprocate by providing the various City departments the information and cooperation they need to evaluate fully all relevant issues.
State Code 53A-20-108 requires Freedom Academy to formally notify Provo City without delay of its intent to construct. We accept your hand delivered letter of 23 April 2012 as that notification. However, 53A-20-108 requires Freedom Academy and Provo City to meet as soon as possible after delivery of your notice to discuss impacts and site safety, the availability of infrastructure for the site and the fees that will be charged. We do not consider your letter, nor our meeting 5 April 2012, as fulfilling this requirement. Section 53A-20-108 requires much more detailed plans, drawings, and consultation be provided to Provo City by Freedom Academy than has been provided to date.
We understand that Freedom Academy has an extremely aggressive construction time frame. However, please keep in mind that Provo City is currently dealing with a record number of construction projects in our City. First and foremost we must insure that all life and safety issues be satisfactorily addressed prior to the City’s issuing applicable permits and providing utility connections to City infrastructure.
State Code 10-9a-305 subjects charter schools to a municipality's code requirements. Except for landscaping, fencing, aesthetic considerations, construction methods, building codes and location of temporary classroom facilities on your property, Freedom-Academy will need to comply with Provo City development standards. Freedom Academy should pay particular attention to setback, height, bulk and massing regulations, off-site parking standards, location of curb cuts, traffic circulation for pedestrians and vehicles both on site and off site and submit a traffic circulation study and a plan for construction staging and phasing. These issues need to be addressed in enough detail so that appropriate impact fees can be assessed. If these issues are not adequately addressed, Provo City may deny or withhold its approval. If any construction begins without appropriate permits, Provo City will undertake legal action to protect the publíc’s interest.
In order for the mandatory consultation meeting to be productive, Freedom Academy should initiate a land use application with the Provo City Community Development Department, submit all the materials required and pay the appropriate application fee. The more detailed the information you provide, the sooner departments will be able to undertake the necessary review process. Though Freedom Academy may intend to phase this project over several years, the City will need Freedom Academy to address the entire plan for the expansion and not just one phase at a time. Without a detailed understanding of the entire plan, it is difficult for City departments to assess the ultimate infrastructure needs and capacity.
Please feel free to Contact Brent Wilde at (801) 852-6400 in the City’s Community Development Department should you have questions or concerns.
Regards,
John R. Curtis
Mayor
Great letter. Thank you, Mayor, for respectfully reminding Freedom Academy's Board of their responsibilities to the city and to the neighborhoods they will be impacting.
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