2012-57 SPACE SPP 1122 Amend - Laserfiche WebLink

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STATEMENT OF OBJECTIVE AND REASONS FOR THE REQUEST This amendment has been prepared to comply with the Planning Commission May 3, 2412 action to defer revocation proceedings to allow the Hawaii Volcano Circus, hereinafter "Applicant" an opportunity to submit an amendment to Special Permit No. 1122, hereinafter, "SPP to allow the establishment of a performing arts educational center on 2.5 acres of land within a larger 10- acres. In addition, this amendment has been prepared to address the following 1) redefine and the performing arts educational center to a Self - Sustainable Community Arts and Educational Center Demonstration Model, hereinafter, "HVC Center;" 2} reestablish and further define the land area that shall be utilized for the HVC Center; 3) legitimize the Planning Directors allowance of a farmer's market on Saturdays at the HVC Center and establish guidelines and operational hours related to the farmer's market; 4) establish guidelines for performances related to charter school students at HVC Center; 5) establish guidelines for public/fundraiser performance at HVC Center f) allow the establishment of a certified kitchen not to exceed 1 ,500 square feet; 7) amend the existing conditions of approval established with Special Permit No. 1122 and establish new conditions related to the amendments proposed for HVC Center. In June 2412 the Applicant prepared and transmitted to the Department of Land and Natural Resources, hereinafter "DLNR" a Final Environmental Assessment, hereinafter "FEA" to secure a lease for the adjacent state parcel identified as TMK (3)1-2-9:015. The objective of FEA would be to utilize a 4.25 acre portion of the state property to provide additional parking and support the expansion of educational facilities at HVC Center. Based on the submittal to DLNR in June and the pending timelines for various mapping information requested by DLNR and the notification and publication process required by DLNR in addition to the request to the Attorney General Office to prepare and execute the Direct Lease in conjunction with and the deadline imposed by the Planning Commission to complete the submittal of a Amended Special Permit on or before December 2012, the Applicant has chosen to direct its resources and effort to complete an Amended Special Permit at this time and pursue the Direct Lease with the DLNR at a later time. At the appropriate time the Direct Lease with DLNR is complete, the Applicant may elect to prepare another Amended Special Permit to include the adjacent state parcel. Should the Applicant elect to include the adjacent state lands, the Applicant will prepare and submit a Revised Amended Special Permit and complete the appropriate review processes. DESCRIPTION OF THE PROPOSED USE The applicant is requesting to amend Special Permit No. 1122 (SPP No. 1122) which established a Performing Arts Educational Center on lot TMK 1 -2 -9 -034, and lot TMK 1- 2- 038 -050 located within the Kehena- Keauohana- Keokea Homesteads and Kalapana Seaview Estates in the Puna District, Island of Hawaii. These lots are owned by The Village Green Society Ltd., which has a symbiotic relationship with the Hawaii's Volcano Circus Ltd. which manages the Performing Arts Educational Center. Both are 501 (c) non profit organizations registered in the State of Hawaii. 4