2012-05-03 Windward Transcript Circus

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Kehena Beach Estates, the Puna Palisades Beach Estates. The outline is the subject properties which are located in the rear portion of the Sea View Estates Subdivision. This is a closer view. Again, we have the subject properties identified with a black outline. The color on the map represents the zoning, which is all identified as Agricultural - 3 Acres. Access to the property currently is from Mapuana Avenue up to Pohakupele Place or Loop, and then access through this small portion, small parcel in this location to the 10.3-acre property. On September 21, 2001, Special Permit No. 1122 was approved. This was approved to Volcano, Hawai‘i’s Volcano Circus or HVC who was represented by Graham Ellis. This was to allow the establishment of a performing arts educational center on a 2.5-acre portion of a larger 10.3-acre site situated within the State Land Use Agricultural District. There were a total of nine conditions attached to the Permit. The proposed development was represented to include: The construction of an administrative building/pavilion approximately 7,920 square feet in size for rehearsals and training to promote the healthy development of children and the community, using the skills and fun of the circus. The facility would include an area divided into a rehearsal and training area, two offices, costume and prop storage, workshops, lanais, certified kitchen, bathrooms, showers, equipment storage and vehicle parking. Overnight shelter for resident participants attending the circus camps would consist of tents in the area adjacent to the center. The proposed development was represented that: The number of people using the facility would vary during the year. Weekly classes, workshops and rehearsals would involve approximately 25 people, approximately six (6) times a week between the hours of 10:00 a.m. and 9:00 p.m. Most students would be transported in the company vans, and some would arrive on foot, by bicycle, and a few in cars. The maximum number of people using the facility would be during the workshops and the annual winter and summer camps with about 40 student participants and ten staff. January 11, 2010: The Planning Department received a complaint which was signed by eleven, correction, seven complainants. Since January of 2010 until the present, the Planning Department has received numerous complaints from several complainants. A summary of the different types of complaints submitted to the Planning Department are listed under No. 8, identified as Chronological Timeline of Complaints Received, within the Background report, and as identified as Planning Department Exhibit 7. Complaints were related to the performance of, performances open to the public held on the subject property, loud noise, traffic, on-street parking, public safety, unpermitted structures, hours of operation, non-compliance with conditions of the Special Permit, and other complaints. Condition No. 8 of Special Permit No. 1122 states the following: “If the Applicant fails to comply with the conditions of approval or causes complaint(s) relating to any interference or nuisance and is unable to resolve them with the surrounding community, the Planning Director shall investigate and, if necessary, suspend the permit. The Planning Director shall then refer the matter to the Planning Commission to revoke the permit. Upon appropriate findings by the Planning Commission, if the Applicant fails to comply with the conditions of approval or has caused any unreasonable interference or nuisance on the surrounding community, the permit may be revoked.” 3 EXHIBIT B