HomeMy WebLinkAbout2012-57 SPACE SPP 1122 AmendA t4 4z H r " rT
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Employment, Workplace Law & Litigation
Sue Lee Loy
Planner and Legal Assistant
November 161, 201
The Honorable BJ I- ithead -Todd, Director
;aunty of Hawaii Planning Department
1 0 1 Pau hi Street, Suite
Hilo, Hawaii 96720
l F: SUPPLEMENTAI.1 INFORMATION
APPLICATION TO AMEND SPECIAL PERMIT N. It] 1
T 4-K ( K (3)1-2-009-0-14 POi , 1-2-038:049 AND 050
Dear Director r Leithead -Todd-
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Communication No. 2012 -57
n November 14, 2012, my officc noel with Planner Jeff Darrow to provide a preliminary review of the
Application to Anie rid Special Permit No. 1122, hereinafter :`Amendm nt.,, During that meet 1n o it Waal
decided that supplemental inf rmation would be pr pared to discuss in oreater detail the operations of
each of the proposed uses outlined in the Amendment. To satisfy the request for supplemental
lernental
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t n fo rm ation the attached, Appendix A, has been prepare d for your rep #le i}.
In addition a Revised Site Plan prescrifinc,y the proposed parking layout and ld ntifrying the areas of th
proposed kitchen and fillUre classroom for the project have been prepared to assist the department with
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Supplemental Information
Related to Proposed Uses K17
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Special Permit Amendment No. 1 122
Farmers Market
The SPACE Farmers Market will be held weekly on Saturdays from : oam and closing at or before
:oopm. vendors shall not set tip before 7am. Here is are excerpt from the SPACE Market Venctor
guidelines about types of items that currently can and cannot be sold, as well as the market mission and
vision:
What can be sold at the Market`
• vegetables
• fruits
• plants
• food products
• handcrafted items
• artwork
0 services such as bodywork, massage, haircuts & tree-trimming
What cannot be sold at the Market?
• anything not made or grown on the Big Island
• illegal item
• alcohol
• any items that the market manager or committee deems objectionable to family clientele
• flea market 1 teat s
SPACE Market Mission: To promote SLIstainability and be a vital part f the local economy by
providing a safe, village -based marketplace for the commun'ty to buy and sell goods and
services produced on the Big Island.
SPACE Market vision: The S.P.A.C. . Farmers Market provides a marketplace to support
small farms, businesses and artisans on the Big Island of Hawaii. By creating a supportive and
nurturing environment, we assist in the creation and maintenance of a healthy local economy
where the community can provide for themselves and mediate our reliance on imported goods.
We intend to be an example of economic and SLIstain ble growth while enhancing community
health and cultUre.
No more than 50 vendors will be allowed to sct up during a normal market. et. we average 30-40 vendors
in the surr m r and 40-50 vendors in the winter.
On the second Saturday of each month, we hold the Second Sturm Swap Meet in conjunction with
the normal market. Following is an excerpt of the Second Saturday vendor guidelines:
What can be sold on Second Saturdays`
Imports, second -hand items, things not made or grown on the Hawaii Island. As long as it is
family friendly, it may be sold in the swap ineet area on Second Saturdays. our every - Saturday
Market vendors may sell swap meet- eligible items on Second Saturdays at their regular indoor
booth spaces ONLY IF the quantity of swap meet items does not equal or exceed the quantity
Hawaii- Island made /grown items AND ONLY IF selling swap meet items does not require
expansion of your regular booth space.
What cannot be sold on Second Saturdays`
• Illegal items
• Alcohol
• Any items that the market manager or committee deems objectionable to family
it
clientele.
On Second Saturdays, the swap meet vendors set Lip on the SPACE lawn and are additional to the
normal market vendors and are therefore not included in the 50 vendor limit. we average 4-8 swap
meet vendors in the summer and 6-12 in the winter.
The SPACE Market Committee has set the current policies for the market and reserves the right to
change then.
In the past, we have had entertainers at the market. This included mostly singers and musicians, with
an occasional circus performers, dance-, etc. when the cease and desist order was issued its March of
oio, we discontinued the entertainment because the County Planning Department ruled that it was a
form a public performance which we were not allowed to do. Since then, the market has not allowed
any public performancc, even to go as far and asking someone to stop who was strolling around,
quietly playing their ukulele while they shopped.
We believe that entertainment greatly enhances the experience of a Farmers Market and this it is a
normal practice of most markets, both on the Big Island as well as other parts of Hawaii and the
mainland. we hope to resume entertainment at the market after the amendment is approved. we would
like to provide low-keyed, family- friendly entertainment which would be subject to the same noise
level restrictions as the other events proposed for SPACE.
The market is advertised in the following ways:
SPACE website and newsletters
Local newspapers calendar section
• State -wide and national website listing Farmers Markets
Local magazines such as Ke'ola in their listing of markets around the island
Any other free listing of i arket
Occasional local Newspaper and radio ads when grants are received which provide money for
Paid advertising.
• Bumper stickers, t- shirts, etc.
0 Occasional articles in the local newspapers
Public Performances
In our amendment, we are requesting twelve Public Pcrformances annually that ends by 9. opm with a
rnaxiniurn of 300 attendees inclusive of staff and Performers and twelve Dinner Show Fundraisers
annually that ends by 9pm with a maximum of 200 attendees inclusive of staff and performers. These
24 performances will provide essential experience for the training of our students alongside seasoned
professionals and will generate essential revenue to support our community programs.
Both the public performances and the dinner theater will be advertised as follows-
* SPACE website and newsletters
Local newspapers calendar section
• Local magazines such as Ke'la in their listing of events around the island
Any other free listing of events
0 occasional local newspaper and radio ads when grants are received which provide money for
paid advertising.
0 occasional articles in the local newspapers
Tickets will be sold for admission, both in advance and at the door (not to exceed to limits for
attendance described above.
Should there be decision to serve alcohol, use will procure permits from the State Department of
Taxation, Mate Department of Commerce and Consumer Affairs, County of Hawaii Liquor Divis.1011
and any other appropriate agency that may be required. Several months ago, we received a call from
the Department of Taxation and Commerce and Consumer Affairs informing us of the process by which
we, as a non- profit organization, could obtain a temporary permit which would allow us to serve
alcohol. We anticipate doing this only on an occasional basis and select performances and not at every
performance.
Entertainment for the events will vary. The types will include:
• circus entei-tainrnent of all types
• dance
O music
• drama
0 films and movies
We will use both recorded and live Music. Regardless of the type of music, all performances will be
subject to the noise level restrictions described in the amendment.
In order to facilitate oversight, we are willing to include the words chnner theater when promoting the
12 dinner show fundraisers, if requested by the Planning L c artment.
.Charter School
The Kula I alapana program f is under the Hawaii Academy Arts n Science which rent classroom
facilities from SPACE. Kula Kalapana is comprised of two distinct programs.
The first is one traditional classroom of el ghteen 1 Ih and to graders. Tavel 1 these students
arrive at SPACE via school va.n and remains at SPACE during the day and theta transported hack via
school van to Pahoa in the afternoon. Where is one disabled student in the class who arrives here in a
car (morn drives him here) and is picked up by a special sinall school bus which is equipped to handle
lic l chairs. These students study math, English (reading and writing), social studies, and science.
Elective classes include art, Japanese and circus (held at SPACE) and musk and Hawaiian Studies
(held in Pahoa.
The second class is a distance - learning program. There are 23 students varying from kindergarten to
01, grade. These students do the majority of their work at home and cone once a week to meet with
their teacher to turn in work, receive assignments for the following week, and obtain assistance with
items that are causing difficulty. In addition to the weekly meeting, most come one some ter other
clays during the week for electives. These students receive instruction (hone study ) of math, English
(reading and writing), social studies, and science. Elective classes include art, computer skills,
Japanese and circus (held at SPACE) and music and Hawail n Studies (held in Pahoa, along with the
5th /6"' graders from the traditional classroom).
Dula Kalapana is operated between the hours of 8:00 p.m. at 3:00 part.
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ORIGINAL
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APPLICATION TO AMEND SPECIAL PERMIT #1122
Submitted by
HAWAII'S VOLCANO CIRCUS
(Hawaii non - profit corporation)
for a
Self - Sustainable Community Arts
and
Educational Center Demonstration Model
In
KEHENA, PUNA, HAWAII
TMK's: 1-2-009:034,1-2-038:050 & 1- 2- 038:049
SEPTEMBER 2012
081921
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SPECIAL PERMIT APPLICATI-ON }4 _'�
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COUNTY OF HAWAII
PLANNING DEPARTMENT,
. - 25
(Type or Print the requested information)
APPLICANT ` ' '
APPLICANT'S SIGNATURE: see httached DATE:
LIST APPLICANT'S INTEREST IF NOT OWNER: - _Operator
TELEPHONE: (Bus.)
(Home)
(Fax)
REQUEST: Establish and Self -- Sustainable Community ARts and
Educational Center Demonstration Model
TAX MAP KEY: - ZONING: ----j %-- � (A-221
(3)1 -2- 038:49 and 50
AREA OF PROPERTY/AREA OF REQUESTED USE see attache _ p a q4-
LANDOWNER: — .
Parcel 49 = Gareth David Lindsey Lowe
LANDOWNER'S SIGNATURE: Is ee a a C h ed DATE:
(May be by letter)
LANDOWNER'S ADDRESS: c/o Ted Hong Post Office B6x 4217, Hilo, Hawaii 96720
III IN IN
TELEPHONE: (Bus.) 933-1919
(Home) (Fax)
Please indicate to whom original correspondence and copies should be sent to:
ORIGINAL TEd Hang COPIES:
Oai921
FEE OWNER'S LETTER OF AUTHORIZATION
Tax Map Kpys: (3)1-2-038:050 and (3)-l-2-009:034
Kehena Keauohana- Keokea Homesteads
and Kalapana Seaview Estates in the Puna District, Puna, Hawaii
County and State of Hawaii
The undersigned are the fee owners or authorized agents for the real property above - identified, and
hereby authorize Ted Hong, Esq. to apply for execute and process any and all County governmental
permit applications, and to participate in proceedings related to above said real property.
A photostatic or facsimile copy of this executed authorization shall also be considered as effective and
valid a the original.
S2���v
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FEE OWNER'S LETTER OF AUTHORIZATION
Tax Map Key: (3)1-2-03 8:049
Kehena Keauohana- Keokea Homesteads
and Kalapana Seaview Estates in the Puna District, Puna, Hawaii
County and State of Hawaii
The undersigned are the fee owners or authorized agents for the real property above- identified, and
hereby authorize Ted Hong, Esq. to apply for execute and process any and all County governmental
permit applications, and to participate in proceedings related to above said real property.
A photostatic or facsimile copy of this executed authorization shall also be considered as effective and
valid a the original.
Uj � T�
It's:
Subscribed and sworn to before me this
O'� Coll�day of 6&V4�-Ie-r 2012. ..
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NOTARY d 00
PUBLIC
m : °
Nae:.
.. � Comm. No. ..
• . 93-365
Notary Public, State of Hawaii , * '
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M commission ex ires�
My P
NQTARY CERTIFICATION
)ocument Date: No. ,-of Pages:
Third Circuit 01 % t r 1 j'j.
ko:ta Name: MARAIAH K. YAMAMOTO •` � g•!,r\ K Y.4 ff'•
ent D escri tion: , ■'' ''•.�
p = `" : NOTARY �� y
)ISO ` LR�000'
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W. PUBLIC . ° ...
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•► COMM. No.
14W
•' . , 93 -365 , , •'
Notary Si natur
Date: W L4 !
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Exhibit A — Community Petition in Support of the proposed activities (977 signatures)
Due to the size, Exhibit A has been made part of the original submittal only
Exhibit B -- Testimonial Letters and E -mails supporting proposed activities (292)
Due to the size, Exhibit B has been made part of the original submittal
Exhibit C -- List of HVC Advisory Committee Members (12)
Exhibit D -- Letter from Planning Director Chris Yuen 7/28/09
Exhibit E -- Staff, Faculty and Interns Job Descriptions at SPACE
Exhibit F -- Dept. of Parks and Recreation — Pahoa Neighborhood Center Costs
Exhibit G -- Location and TMK map.
Exhibit H -- Site Plan with metes and bounds of proposed Special Permit Area
Exhibit I -- Real Property Tax Clearance for 1-2 -9 -034 &1-2-038-050 & 1-2-038-049
Exhibit J -- Letter sent to DLNR, Historic Preservation Division.
Exhibit K -- KE DLO article "New SPACE for a Circus and a Community"
Exhibit L -- Big Island Weekly article "Puna sustainability efforts need SPACE"
Exhibit M -- Letter from Senator Daniel Inouye
Exhibit N -- Letter from Senator Daniel Akaka
Exhibit G -- Letter from Governor Neil Abercrombie
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PROJECT BACKGROUND
Project Name: HVC Center
Applicant: Hawaii Volcano Circus Ltd.
Applicant's Agent:
Ted Hong
Office of Ted Hong, Esq
Post Office Box 4217
Hilo, Hawaii 96720
Tax Map Key:
(3) 1- 2- 009:034 (Por.), (3)1 -2- 038:049 and 050
Parcel Size:
10.714 acre = (3)1 -2- 009:034
0.1822 acre = (3)1 -2- 038:049
0.1822 acre = (3)1 -2- 038:050
Requested Land Area for
3.377 acre (Portion of Parcel 34 [3.013 acres], and Parcel
Special Permit:
049 [0.1822 acres] and 050 [0.1822 acres])
Location:
Kehena- Keauohnana- Keokea Homesteads and Kalapana
Seaview Estates in the Puna District, Island of Hawaii
Land Owner:
Parcel 34 and 50 =The Village Green Society Ltd.
Parcel 049 = Gareth David Lindsey Lowe
Existing Uses:
Agricultural
Proposed Uses
Self - Sustainable Community Arts and Educational Center
Demonstration Model
Land Use Classifications:
State Land Use:
Hawaii County General
Plan (LUPAG):
Zoning:
Special Management Area:
ALISH
Land Study Bureau
FIRM
Agricultural
Extensive Agriculture and Rural
Agriculture 3 -acre (A-3a)
Project is not within the SMA
Not classified
"E„
Zone x
3
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.
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Since the County Planning Commission approved SPP No. 1122 in 2001, our community
and our organizations have grown significantly. In recognition of these changing times
and because several of the community services currently provided by our organizations
are beyond the scope of SPP No. 1122, we are applying to amend our requested use from
a Performing Arts Educational Center to a Self - Sustainable Community Arts and
Educational Center Demonstration Model and request the following changes and
permitted uses:
1. The total land area for SSP No. 1122 is amended to include a total land area of
3.377 acres. It shall include a 3.013 acre portion of TMK (3)1-2-9-.034, in
addition to 0.364 acres from TMK (3)1- 2- 038:049 and (3)1 -2- 038:050.
The Applicant supports that through this amendment it provides a clear defined
land area of the property and property areas associated with SPP No. 1122. In
addition it has been past practices of the Planning Department to approve various
regulatory permits by a clear defined land area and this amendment support those
planning guidelines.
2. The establishment of a weekly Farmer's Market at HVC Center.
The Applicant supports that as part of the Conditions of Approval for SPP No.
1 122 that the following guidelines be applied to the Farmers Market.
a) the Farmer's Market will been held weekly on Saturdays from 8:00 a.m. to
2:00 p.m.
b) participating vendors shall not set up before 7:00 a.m.
3. Allow a maximum student population of 75 students associated with the Charter
School program at HVC Center.
The Applicant supports the current student population, however, at the time the
appropriate resources and facilities can be developed the applicant shall be
permitted to increase the student population to a maximum of 75 students.
4. Allow the development of two (2) additional classrooms to support the increase of
students associated with the Charter School program at HVC Center.
At the time the appropriate resources are developed the Applicant shall be
permitted to develop a maximum of two (2) additional classrooms to support the
increase of students associated with the Charter School program at HVC Center.
The additional classrooms are proposed near the existing playground, however,
during the design stage, should a more appropriate location emerge the
Application shall be afforded the ability to site the classrooms in the appropriate
location.
5. Allow for a maximum of twelve (12) public performances annually to assist HVC
develop and support community connections.
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6. Allow for the maximum of twelve (12) evening fundraiser performances. These
evening performances are dedicated to fundraising to support programs and
facilities associated with HVC Center.
7. The establishment of a Certified Kitchen
The Applicant has recently been awarded a $45,000 for the development of a
kitchen from the Federal Farmers Market Support program. The kitchen is
proposed to be located adjacent to the existing pavilion, however, should a more
appropriate location emerge during the design stage, the Applicant shall be
afforded the ability to site the kitchen in the appropriate location.
The Application supports that as part of the Condition of Approval for SPP No.
1122 that the following guideline be applied to the Certified Kitchen.
a) The Certified Kitchen shall not exceed 1,600 square feet.
8. The HVC Center shall be allowed to host occasional community meetings and
family event.
HVC Center recognizes there are no permitted community centers in the lower
Kalapana area and in an effort to support the community and address these
services provided in other community the Applicant seeks the allowance of HVC
Center to host occasional community meetings and family events. The Applicant
supports that as part of the Condition of Approval for SPP No. 1122 the following
guideline be applied to community use.
a) HVC Center shall be permitted to host a maximum of two community /family
events per month
b) Community /family events shall not exceed 50 persons
c) Community /family events shall end by 7:00 p.m.
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History and Background of the Applicant
Overview
Hawaii's Volcano Circus (HVC) was founded by 35 professional performers and
educators in 1984. The non profit organization has been operating from TMK 1- 2 -009-
034 since it was purchased by the Village Green Society in March 1987. Over the last 25
years the educational programs and the physical development of the subject property has
been conducted almost entirely with volunteer labor. At present HVC has, one half -time
employee and one part time employee plus a handful of contracted employees paid less
than $ l ,000 annually.
Community Served
The location is situated within one of the least served and most needy areas of the Puna
district. Within a one mile radius there are three subdivisions with over 1200 house lots
and a potential population of over 3,000 residents. Special Permit #1122 states "located
in Puna, Hawaii's Volcano Circus provides additional educational, cultural and
recreational benefits for a rural community that undeniably has the most social, economic
and educational problems in all of Hawaii and has been recognized by many authorities
as being in great need of positive input on all levels."
Puna, with a population of about 38,000 is one of the most economically depressed areas
in Hawaii and leads the state in teenage pregnancies, domestic violence, and drug abuse,
with an exceptionally high population of alienated students, broken homes, low income
families and high school dropouts. (The state of Hawaii as a whole ranks 4th in the nation
for high school dropouts, 11 th for children living in poverty and 7th for percentage of
children living in single family homes.) While growing at a rate of 76.8% over ten years
(State average 14.9 %) Puna has some of the highest levels of poverty in Hawaii.
At the same time Puna district is seriously lacking in infrastructure, particularly for
children's services and activities. Its schools are overcrowded and have disciplinary
problems. There are limited social activities available for students outside of school.
Pahoa, Keonepoko and Kea'au Schools are all on the State list of Special Needs Schools.
The Department of Education (D.O.E.) budget cuts have consistently reduced the
schools' ability to provide their own funds for cultural and recreational activities.
Due to its rural location and virtual absence of public transportation, the 9,000 students
and youth of Puna, lack easy access to many recreational, cultural, artistic and social
events. Most people live miles down unpaved roads, there is no dedicated youth center,
no public beaches and few accessible park facilities. Poverty combined with a lack of
many services in our area creates an environment ripe for a plethora of deviant behavior.
Hawaii's Volcano Circus.
Hawaii's Volcano Circus (H.V.C.) has been active with educational, cultural and
entertainment programs since 1984. our activities have always been developed as a
response to the growing needs of our local community. Until 2008, when the Seaview
Performing Arts Center for Education (SPACE) opened, we were best known for
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HICCUP our Hawaii Island Community Circus Unity Program. Our original mission
was to promote the healthy development of children and the community. Our purpose has
always been to offer educational services to the public at large with emphasis on
Elementary and Intermediate school age children, teenagers, the aged and disabled,
especially in isolated rural communities. Our methodology for developing and
implementing programs is through partnerships with other educational, civic and
charitable organizations. H.V.C. programs have served the communities of Puna, East
Hawaii, the Big Island and the State of Hawaii with over 60 performances annually for
many of its twenty five years history.
Past programs organized by H.V.C. across the State of Hawaii include nineteen
International Circus Arts Festivals, plus performances, educational workshops and
classes in schools, libraries, churches, festivals, fairs, non - profit benefits, and other
community events. The Hiccup Circus, with participants from rural Puna and Hilo, has
been a regular feature at Big Island Festivals and Parades for 20 years, and has performed
in over 1,280 community events. H.V.C.'s "Juggling For Success" program served over
8,000 students and has been funded by the Hawaii Community Foundation, the D.O.E.,
the Federal Drug Free Program, the State Foundation for Culture and the Arts, the
YWCA Community Youth Activity Program, McInerny, Freer Eleemosynary, George
Castle Trust, Atherton Family Foundation, Baldwin Foundation, Watumull Foundation,
Julia Temple, HEI, Helco, the Wilcox Foundation and others.
Additional H.V.C. programs included weekly cultural /recreational programs funded by
G.H.A., four community festivals and programs funded by the State Foundation Culture
and the Arts, "Dr Seuss in Words and Actions" a literacy program presented in libraries
and schools funded by the Friends of the Libraries plus the highly acclaimed show
"Naturally High" partially funded by the Federal Drug Free program. This show with its
"positive alternatives to drugs" message was featured twice on Hawaiian Moving
Company, was presented in 139 Elementary and Intermediate schools on the Big Island,
Kauai, Maui, Molokai, Oahu and in California and was additionally funded by the State
Foundation Culture & Arts, the American Lung Association, the Atherton Family
Foundation, the G. N. Wilcox Trust and the George P & Ida Tenney Castle Trust.
Hiccup Circus members have received trophy after trophy in local talent shows including
1995 State Champions and 1996 Big Island winners of the Exchange Club Search for
Talent event and 1995 Group winners in the Lehua Jaycees Search for Talent. The
Hiccup Circus has performed throughout the Hawaiian Islands in schools and has
performed for First Night in Oahu (1993) and Maui (1994) and ten Kauai Festivals
(1994- 2005). Television appearances have included two features by Hawaiian Moving
Company (Jan 1993 and Feb 1996) and many public access shows throughout Hawaii.
Hawaii's Volcano Circus shows generally include music, acting, dance, juggling,
comedy, magic, balance and aerial acts. Prior to the opening of SPACE, our community
circus shows included a marimba band, hip hop dancers, a hula halau, martial artists,
gymnasts, actors, singers, a contemporary Hawaiian group and a rock and roll band in
addition to traditional circus acts. One of our achievements with local youth has been the
success of our Hiccup Circus `Side Show Band' which continued as the hard rock group
Liquid (aka Living in Question) and Went on to become a favorite Big Island musical
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group and record three CD's with a renowned musical distribution company. These
Hiccup Circus students have now moved to the mainland to pursue professional musical
careers. Circus and live music are inseparable.
In 2000, H.V.C. revised its strategic plan to reduce its off - island touring in order to focus
on supporting local community development in Puna. We collaborated with a host of
local schools and other community arts groups and expanded the size of our education
programs and performances. Malama I Ke Kai in 2003 and 2004 and Malama Ka Aina in
2005 were community programs presented by the Hiccup Circus in the years just prior to
opening SPACE. These long term, large scale community events produced by H.V.C.
have been recognized and supported by the federal government through the National
Endowment for the Arts on three separate occasions.
These community shows, held in Leilani Community Center, sold out over 750 seats
nightly. In addition to demonstrating a range of skills from hip hop to hula to marimbas,
these performances brought over 24 Puna Makai community groups together to build
networks and relationships for long term community building. This community
strengthening process has continued through the building and the activities held at
SPACE and has been demonstrated by the support given to SPACE in this Special Permit
amendment application process. Our petition to support the proposed activities at
SPACE has 977 signatures, we also have over 260 testimonials and a multitude of e-
mail s and letters have also been sent to government agencies and staff. (Exhibit A and
Exhibit B)
H.V.C. and SPACE Today
When SPACE opened in 2008, (seven years after SP #1122 was approved) our Hawaii's
Volcano Circus Advisory Committee was expanded to include twelve Red Road
community leaders (Exhibit C). In response to the current needs expressed by our
growing community, the expanded committee met to review H.V.C.'s strategic plan and
mission statement. The decision was made to change the mission statement to the
following: "To creatively promote sustainable local community in Puna Makai at
SPACE." As a result the central focus of our work shifted to include community building
activities in addition to circus education and entertainment with the goal being to further
promote and encourage sustainable community development.
The positive and prominent educational, cultural and recreational programs provided by
H.V.C. have given our organization the opportunity to play a significant role in the
development of our local community. Increasing numbers of individuals and families
with children have moved to our immediate neighborhood, many because of our facility
and the services we provide.
Our amendment request will provide children and adults from our neighborhood as well
as other Hawaii communities served by our organization with a much needed self -
sustainable community arts center demonstration model. Community development plus
economic, educational and recreational services for children and adults in rural areas will
all be greatly enhanced by this proposal.
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Proposed Uses including proposed hours of operation and numbers of
employeeslpeople served.
Activities PERMITTED under SP #1122
With Mitigation and Proposed Permit Conditions
■ Construction of an 8,000 sq ft Performance Arts training center
• A D.O.E. Charter School Site with a maximum of 40 students. (Exhibit D Letter
from Director Chris Yuen) This Performance Arts school has a Circus Arts focus
integrated in the curriculum. (We are applying to increase the maximum number
of students to 72).
• Circus workshops mostly after school on Mondays - Fridays between 2.30 and 6pm
with 20-30 participants.
* Occasional rehearsals ending by 9pm with 20 -30 participants.
• A Certified Kitchen for the use of students, staff and faculty. Approximately 40
people maximum.
• Twelve student tent sites
■ Commercial Farming with permits for one residence, three farm dwellings, two
workshopltoolsheds
Activities requested and NOT PERMITTED under SP #1122
With Mitigation and Proposed Permit Conditions
The additional activities we are requesting to be included in our amended special permit
have almost all been tested and have received tremendous community support. This is
indicated by the attendance numbers at trial events, testimony at public meetings, our
petition with 977 signatures (Exhibit A), our 292 testimonial letters (Exhibit B). They all
request County support for these additional activities at SPACE and provide testimony to
the inclusiveness of the community in the preparation of this application.
Where neighbors have expressed impacts from our new events, we have either stopped
testing them or have developed solutions to resolve specific issues. An ongoing dialogue
with our neighbors has identified noise as the major concern/issue and together we have
worked with a professional sound consultant to develop a sound mitigation plan. We have
actively sought funding for over two years and recently have received two Foundation
Grants totaling $50,000 for sound reduction outside our SPACE pavilion, conditional
upon this application being approved. This series of neighborhood meetings also resulted
in a member of the concerned neighbors joining our advisory committee and serving as a
liaison between us. Numerous and extensive consultations and communications with
neighbors have produced the following proposal for additional activities and their
respective conditions for noise and other limitations.
• Twelve Public Performances annually that ends by 9.30pm with a maximum of
300 attendees inclusive of staff and performers.
• Twelve Dinner Show Fundraisers annually that ends by 9pm with a maximum of
200 attendees inclusive of staff and performers.
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• A weekly Farmers Market held on Saturdays from Sam -1 pm with food and craft
vendors and entertainment. Average attendance during the market is expected to
be about 250 people.
• The Certified Kitchen (approved in SP# 1122 to provide meals for faculty, staff
and students) will additionally serve to teach school home economics, food
preparation for farmers market, night bazaar, dinner theater vendors and small
family food businesses, such as "Let's Go Pesto ". Three evenings a week meals
will be prepared for about 40 local community residents with a delivery service
offered to reduce traffic and to provide meal services to the aging in our
neighborhood. Kitchen activities will end by 9pm. Occasional community
meetings and family events such as spiritual gatherings, weddings, memorials and
birthdays provided free or at affordable rental rates on weekends only up until
7pm.
• Two additional classrooms (approximately l ,000sq ft each)
In order to mitigate some neighbors concerns, we are proposing a condition that noise
levels for the above activities be limited to 65 dBA at neighbors property line which is
considered an acceptable sound level for a single- family residential area. Our present
legal noise limit according to State Dept. of Health Rule 6 -4 D on land zoned Ag is 70
dBA day and night.
The U.S. Department of Housing and Urban Development has established guidelines for
evaluating noise impacts on residential projects (44 FR 135:40860 - 40866, January 23,
1979). Sites are generally considered acceptable for residential use if they are exposed to
outdoor Ldn values of 65 dB or less.
We propose utilizing the Ldn standard procedure used for noise level measurement. The
Ldn is the average equivalent sound level over a 24 hour period, with a penalty added for
noise during the nighttime hours of 22:00 to 07:00. During the nighttime period 10 dB is
added to reflect the impact of the noise. Ldn measurements are the standard for assessing
the impact that road, rail, air and general industry has on the local population. We are
confidant that we can keep to these objective standards and eliminate past noise issues
with the installation of a $50,000 sound insulation plan that is being funded by grants
conditional upon the issuance of this amended permit.
We propose that Condition #4 be deleted. It states "the applicant shall secure building
permits, for all existing farm dwellings/buildings, on the remainder of the property within
one (1) year from the effective date of this permit ". This amended permit application only
applies to the 3 acre portion of TMK 1 -2 -9 -034 containing the permitted SPACE
structures. Since the applicant neither owns nor leases the remainder of the property nor
does it use or own any of the subject dwellings or buildings it has no authority or power
to secure such permits and should be released from the terms of this condition.
We propose that Condition #5 be deleted. It states "No public performances shall be
allowed on the subject property." This amended permit application requests a total of 24
public performances/Dinner Theater Shows be permitted annually.
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We propose that Condition #8 be amended to read as follows:
If the applicant fails to comply with the conditions of approval the Planning Director
shall investigate and, if necessary, suspend the permit. The Planning Director shall then
refer the matter to the Planning Commission. Upon appropriate findings by the Planning
Commission, if the applicant fails to comply with the conditions of approval, the permit
may be revoked.
If the applicant causes complaint(s) from resident property owners in the surrounding
community the Complainant is requested to directly contact HVC Executive Director at
(808) 965 8756 or e -mail to: info(&,hawanspace.com.. Letters can be addressed to HVC,
RR2 Box 4524, Pahoa HI 96778. If the Applicant, through this process is unable to
resolve any interference or nuisance in a timely manner the Complainant, the Applicant,
staff from Planning Dept and a professional mediator will meet to resolve the issues. If
no resolution is reached after two meetings then the Planning Director shall investigate
and, if necessary, suspend the permit. The Planning Director shall then refer the matter to
the Planning Commission. Upon appropriate findings by the Planning Commission, if the
applicant fails to comply with the conditions of approval, the permit may be revoked.
Statement of Objectives and Reasons For This Request
Since the County Planning Commission approved SP# 1122 in 2001, our community and
our organization has grown significantly. In recognition of these changing times and
because several of the community services currently provided by our organization is
beyond the scope of our Special Permit #1122, we are applying to amend our permit to
include these activities such that we can continue to successfully meet the needs of our
local community,while operating within legal guidelines.
HVC activities have evolved over time to create a working model of a self- supporting
Community Arts and Educational Center Demonstration Model. Research indicates that
we are undoubtedly one of the most Self - Sustainable Community Arts Centers in the U.S.
One of our organization's most significant strategic goals is to support other communities
in Hawaii (and beyond) in their process of providing sustainable community services and
facilities for themselves. We have years of experience and information to share as a
demonstration model of sustainability.
The Hawaii 2050 Plan is the most comprehensive statewide planning process conducted
in over three decades. It provides over - arching State goals that the counties can use as a
guide to further their sustainability efforts. Hawaii 2050 is intended to augment and
complement other existing government plans, and provides an action agenda that is
oriented toward achieving sustainability goals and principles.
Education is a critical component of Hawaii 2050; it is considered fundamental
to the accomplishment of all five goals of the Plan and was made an integral part
of all of the goals. The Hawaii 2050 Plan states, "We must understand the
implications and merits of sustainable living. We must develop lifelong learning
opportunities and public awareness programs to change behaviors and values in
order to develop a sustainability ethic. Quality of life encompasses safe, caring,
and engaged communities; healthy, sustainable surroundings; quality job
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opportunities for present and future generations; access to quality education,
housing and health care; adequate, well - maintained infrastructure and
governmental services; access to recreational facilities and leisure activities; and
positive interaction and respect among the citizenry. We must ensure that our
families and youth are supported and nurtured. For example, after - school
programs, sports, musical and other extracurricular activities beyond the school
day help keep kids out of trouble; provide expanded learning opportunities and
interests; and enhance social skills that make for well- rounded citizens. Having a
safe and decent place to live, access to health care, and a safe haven when
difficult times are upon us are measures of a humane and compassionate society.
Parks, recreational and leisure activities enhance our quality of life by providing
facilities, services and programs that meet the emotional, social and physical
needs of communities. Providing access to recreational facilities and activities to
meet the varied needs of differing communities (e.g., rural, urban, large and small
communities) are important aspects of a healthy quality of life."
• The Hawaii 2050 Plan states that "integrating a curriculum is a straightforward,
measurable way to directly educate the next generation about these concerns but
the effort has to expand beyond that. It has to be embraced by churches, temples,
youth groups, canoe clubs and others. This social movement is already building
and it cannot be confined to government action. We must also invest in a public
awareness campaign about sustainability, and encourage cross - sector dialogue to
address key long -term and sustainability issues facing our state."
Hawaii's Volcano Circus is an educational organization. We believe that education is key
for a sustainable Hawaii and fully embrace a major premise of the Hawaii 2050 Plan
that "education and awareness of sustainability is essential to the plan's success."
Through programs in our resident Charter School, our farmers market, SPACE
workshops and performances, we are implementing the Hawaii 2050 Task Force goal
"to educate Hawai `i's people by integrating the concepts of sustainability within
Hawai `i's educational curriculum" because "such core concepts could provide the
foundation for lifetime awareness about sustainability in the same way that Hawai `i's
students learn about math, reading and history. Young people are our greatest asset. They
are open and enthusiastic about sustainability as a mainstream concept. They use
technology to connect with each other on this topic, and are developing their own
environmental and community -based movement to plan for Hawai `i's future."
The vision of our organization is to serve as a Champion and a Demonstration Model for
self - sustainability since we believe that in the current economic climate, communities
need to provide more services and facilities for themselves and not rely on county, state
or federal government.
The activities proposed in this application are essential to the sustainability of the
Community Arts and Educational Center for the following reasons:
• Twelve Public Performances and Twelve Dinner Show Fundraisers annually will
provide essential experience for the training of our students alongside seasoned
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professionals and will generate essential revenue to support our community
programs.
• A weekly Farmers Market will support local farmers and artists with income and
also provide a low but steady revenue source necessary to support our facility.
• The Certified Kitchen will serve as a classroom for teaching school home
economics and as small business incubator for small family food businesses, such
as "Let's Go Pesto" and market vendors. A local cooperative will prepare dinner
up to three days weekly (with home delivery, as a community service, focusing on
seniors and to generate a small income. Facilities for community meetings and
family events such as spiritual gatherings, weddings, memorials and birthdays
will be provided as an affordable local community service. Existing permitted
facilities for such events are either expensive or located in Pahoa, 14 miles away.
Approval of this application to amend Special Permit #1122 will allow our organization
to continue providing our community with a Self- Sustainable Community Arts Center
and will further help to bring Hawai `i 2050 Sustainability Plan objectives into fruition.
Our purpose is to provide inspiration and learned wisdom in a climate of economic
downturn and increasingly scarce support from county, state and federal governments. It
is worthy of note that in the Hawai `i 2050 Public Opinion Survey (2007) only 36.3% of
Hawai `i residents believe the government will be effective in solving Hawai `i's
problems. This indicates public support for organizations such as ours experimenting
with ways to solve sustainability problems. As an IRS non - profit organization, we are
specifically charged with the responsibility to provide leadership for community services
such as these.
In conclusion, we believe that the community facilities and services provided by our
organization for the benefit of the public will save the County of Hawaii taxpayers many
thousands of dollars annually. The County - operated Pahoa Recreation Center has far
fewer activities and serves far fewer Puna residents than the SPACE facility. It cost
$548,000 to build in 1975 (SPACE cost $385,000 in 2007) and the current monthly
expense to operate the County facility is over $11,000 (SPACE is $7,000) with an
average revenue per month of $300 (SPACE is $7,000). The Pahoa Recreation Center
costs Big Island taxpayers about $128,000 annually while the SPACE facility costs
taxpayers zero. As the spokesperson from the Dept. of Parks and Recreation stated `the
Pahoa facility is not self - sustainable'. (Exhibit F)
These facts clearly show why our SPACE facility is such an excellent demonstration
model of a self- sustainable Community Arts and Educational Center and why it is
important to approve this application.
Members of our Puna Makai community, with very few exceptions, have signed
petitions, written letters, attended meetings and lobbied to support our application
because they believe that in the current economic climate rural communities like ours
cannot rely on the County or State to provide these basic facilities and services. Hawaii
General Plan policy section 12.3 (i) directs our County administration to "Coordinate
recreational programs and facilities with governmental and private agencies and
organizations. Innovative ideas for improving recreational facilities shall he considered."
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We are, therefore, requesting approval of this amendment to allow us to continue with
our innovative idea to promote self- sustainable community health and welfare at a
community level using community resources.
SUBJECT PROPERTY DESCRIPTION
Location
Two of the subject parcels are owned by the Village Green Society Ltd. and are TMK 1-
2 -9 -034. (10.35 acres) and TMK 1 -2 -038 -050 (6,000 sq ft). The third lot TMK 1- 2 -038-
049 (6,000 sq ft) is leased by Hawaii's Volcano Circus. The lots are all located within the
Kehena- Keauohana- Keokea Homesteads in the Puna District. The applicant proposes to
use an area designated by metes and bounds of 3.013 acres on TMK 1 -2 -9 -034 plus TMK
1 -2 -038 -050 (6,000 sq ft) and TMK 1 -2 -038 -049 (6,000 sq ft) (Exhibit G)
Existing Uses and Structures (Exhibit H)
The HVC Center comprises of a 3,500 sq ft Pavilion (Building Permit B2007- 1279H) and
a 2,600 sq ft Greenhouse (Building Permit B2007- 0649H). These buildings, parking lot
and landscaping occupy approximately 3 acres.
(Phase II of SPACE included an additional 5,040 sq ft building with a commercial
kitchen, offices, a library and a shower facility also twelve student camping sites were
approved by SP# 1122 but none of this has been built.)
Uses of HVC Center facilities include school classrooms, performance arts education and
training, equipment storage, farmers markets, community events and meetings, family
activities, public performances and emergency shelter facility
Topography
The HVC Center site is almost entirely on the 1955 flow. The vegetation on the 1955
flow is sparse, consisting of lichen covering most of the surface with dispersed young
`ohi' a trees.
The Land Study Bureau's Detailed Land Classification report designates the site poorly
suited for intensive agricultural activities. The soils series is almost all bare `a`a lava with
no soil material. It is well drained, with slopes generally about 20 %. It is very poorly
suited for machine till ability.
Under the Agricultural Lands of Importance to the State of Hawaii (ALISH)
classificatory system, the subject site is designated "Other Agricultural Land" or not
classified.
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STATE AND COUNTY PLANS
Hawaii County General Plan
The subject properties are identified as agricultural under the State Land Use designation
and Ag 3 under County zoning. It is designated rural with some extensive agricultural
and some important agricultural land on the County General Plan Land Use Pattern
Allocation Guide (LUPAG) map. The proposed use is consistent with the following goals
and policies of the General Plan.
Land Use Element.
• Designate and allocate land areas in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• The County shall encourage the development and maintenance of communities
meeting the needs of it's residents in balance with the physical and social
environment.
Economic Element
• Economic development and improvements shall be in balance with the physical
and social environments of the island of Hawaii.
• The County shall provide an economic environment which allows new, expanded
or improved economic opportunities that are compatible with the County's natural
and social environment.
In Chapter 25, Section 25 -5 -72. of the County Zoning Code it states "The following uses
may be permitted in the A district, provided that a special permit is obtained for such
use if the building site is located within the State land use agricultural district: Included in
the Permitted uses under (c) (10) are "Meeting facilities" the term which best describes
the facilities listed in this application.
Section 25 -1 -5 states that "Meeting facility" means a permanent facility for nonprofit
recreational, social or multi- purpose use, which has no overnight accommodations, and
which may be for organizations operating on a membership basis for the promotion of
members' mutual interests or may be primarily intended for community purposes.
Typical uses include private clubs, union halls, community centers, and student centers.
The subject area is not located within the County Special Management Area (SMA).
Thus, a SMA Use Permit would not be required. The use proposed is not contrary to the
objectives contained in Chapter 205-2, Hawai Revised Statutes, relating to coastal zone
management program. In view of the effects of the 1955 lava flow over this area and the
clearing that has taken place and the existing residences and agricultural uses, it is highly
unlikely that any archaeological features and threatened species of fauna or flora are
present on the property. The property is 8 tenths of a mile from the ocean at the closest
point. It is adjacent to residential and vacant lands and will not adversely impact any
recreational resources, coastal ecosystems or marine resources. It will not be affected by
any coastal hazards or beach erosion.
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Puna Community Development Plan
Our proposed activities are consistent with the following Sections of the Puna
Community Development Plan Ordinance #08 —116 passed in Sept. 2008:
• Section 1.2 - "Because subdivision lots were sold in their undeveloped state rather
than with dwellings, development has occurred in a leap frog pattern which makes
it even more difficult to develop infrastructure and provide services to the
population. Residents must often make long trips to employment, schools,
shopping and other destinations to meet daily needs... The combination of these
challenges calls for bold planning initiatives to re -shape the pattern of future
growth and development in a manner that is more in harmony with the natural
setting and more supportive of a better, sustainable quality of life."
• Section 3.1.2 - Includes the objective to "enhance the role of existing and new
village centers by allowing expanded commercial uses, facilitating the
development of farmers markets and community gathering places, opportunities
for special needs housing and infrastructure to support more compact
development form and multi -modal travel."
• Section 3.2.2 g — "Form partnerships with local businesses and educational
institutions to advance education and training in... the Green sector, to include
agriculture, alternative energy, resource recycling and recovery, and other related
areas."
• Section 3.3.1 e. - Includes the goal "Public education is better integrated into
Puna's communities."
• Section 3.3.2 e. — "Increase the availability of accessible and affordable housing
through... innovative housing tenure arrangements such as co- housing, limited
equity cooperatives and community land trusts."
• Section 3.3.3. c -- "Build partnerships between the County and non - profit
organizations to increase the range of social services and economic development
opportunities."
• Section 3.5 - "Puna will clearly need to expand its parks and recreational activities
as the population grows."
• Section 3.6.1 - "Promote the use of solar technologies, such as solar water heaters
and photovoltaic power systems."
• Section 5.2.1 - `The formation of village centers is a keystone of the Puna
Community Development Plan's growth management theme... the floating zone
may also allow mixed use within a building and establish special place -
appropriate development and design standards, including for public facilities."
• Section 5.2.1 - "Existing buildings... in village centers may be repaired, replaced
or expanded without the floating zone review procedure."
Based on County standards of five acres per thousand population, over Soo acres of
recreational areas are needed within Puna subdivisions to meet the future needs of the
currently permitted population.
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SURROUNDING ZONING AND LAND USE
The County and the State Land Use Commission zoning of the surrounding land is
Agriculture, 3 -acre (A -3a). To the north and west of these properties there are vacant lava
fields. To the south and to the east are scattered dwellings and vacant lots.
FIRM DESIGNATION
The Flood Insurance Rate Map (FIRM) designation is X.
ARCHAEOLOGICAL RESOURCES
A letter (Exhibit G) was sent to the State DLNR Historic Preservation Division on
5/13/10.
FLORAL AND FAUNAL RESOURCES
Mature Plants on the Special Permit property include: ironwoods, manila palms,
monkeypod, protacarpus, ohias, african tulip, jacaranda, singapore orchid and assorted
ornamentals.
VALUED CULTURAL RESOURCES
There are no known traditional and customary native Hawaiian rights that are currently
exercised in the area. We are not opposed to traditional and customary native Hawaiian
rights being exercised on our land.
PUBLIC ACCESS
There is no existing public access to and along the shoreline or to mountain areas.
DESCRIPTION OF ACCESS
Access to the subject site is via State and County roads. Thus no road improvements
would be required to service the requested use. The Pahoa - Kalapana State Highway
(Highway 130), then the County roads to Kalapana Seaview Estate would serve as the
principal access to the facility. The overall road condition comports to county standards is
24 feet wide with 10 -foot setbacks. There are two ways to access these properties, both
are paved to the lot. The first is via Kamoamoa Homestead Road in Kalapana Seaview
Estate subdivision to the easement access to lot TMK 1 -2 -9 -034. The second is via West
Pohakupele Loop in Kalapana Seaview Estate subdivision to lot TMK 1-2-038-050.
Both lots are owned by the Village Green Society Ltd. Throughout the property the
access road is graveled, as is the parking lot.
TRAFFIC IMPACTS
Traffic Flow
• School: Presently less than 40 students attend. Approximately 15 children arrive
by school van, 10 children reside in the immediate neighborhood and walk or ride
bikes, 15 students arrive by car, some carpool. We are requesting an amendment
to eventually allow the school to increase to 75 students. We do not expect this
increase to occur for several years.
• Farmers Market: We estimate about 150 cars on Saturdays from lam until 1 pm.
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• After School /Evening Classes: Attendance varies from 10 -25 people per class. We
estimate that classes and workshops bring approximately 50 -100 cars per week to
SPACE.
• Evening Events: Attendance varies from 20 people to a maximum of 300 people
including staff and performers. This would bring a maximum of 110 cars for each
event assuming that one third of the attendees live in the immediate subdivision
neighborhood and would walk or ride a bicycle.
Overall, we estimate with all our programs in operation we would have a maximum 300-
400 cars per week coming to SPACE, with an average of between 40 -60 cars per day.
Seaview has 933 lots, with about 260 currently occupied by a house. If each house has
an average of 2 vehicles, that means that there are currently 520 vehicles in Seaview,
which could go up to 1,888 if all the lots become occupied. If each vehicle makes 1 trip
in and out of Seaview each day, that means currently 520 resident vehicles are on the
road per day compared to 40 -50 cars coming to SPACE. This means that SPACE
increases the traffic from 8% to 12 %, or about 1 in 10 cars on the road in Seaview are
here for SPACE. With full build out on Seaview lots the maximum rate of traffic from
SPACE ,would increase traffic in the subdivision just over 3%.
In order to prevent vehicles speeding in the subdivision, we continually remind SPACE
patrons to drive slowly and safely. If there are specific complaints about specific drivers,
we have talked to those people directly. We painted our own signs that reads SPACE
EVENT— GO SLOW and put them up along the subdivision streets. We have "SLOW —
CHILDREN AT PLAY" signs at the entrance to SPACE and throughout our land. We are
willing to request the county install a speed bump, if that is what the community would
like.
Additional measures to control and reduce traffic are being reviewed by our Advisory
Committee in conjunction with our neighbors. Long term plans include the
encouragement of walking, biking and golf cart travel to replace automobile usage for
local residents who live within 3 miles and form the majority of our attendees.
Parking /Security (see plan Exhibit H )
We propose 3 areas where up to 120 cars can park off the street at SPACE. The SPACE
lawn, the main parking lot in front of the pavilion and on the leased Seaview property.
Additionally we will:
• hire a parking/security person with volunteer assistants for large events
• have a firm latest cutoff time of 9.30pm for all activities and encourage
everyone to leave the subdivision as soon as possible after the event finishes.
• have a SPACE representative responsible for all evening events and one of
this person's responsibilities is to be the "last one out ".
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UTILITIES
Water System
Potable water is provided by a catchment system and by trucked in County water.
At SPACE, two water tanks have been installed. A 9,000 gallon water tank containing
catchment water provides water for toilets and showers. A separate 12,000 gallon water
tank containing County water filled via a water truck provides water for cooking and
drinking purposes.
Wastewater system
A commercial septic tank system meeting Health department requirements has been
installed at SPACE to service the facilities restrooms, kitchen and showers. We propose
installing four more toilets to serve the additional numbers of people utilizing our facility.
The State Health Department permitted wastewater septic system at SPACE is already
pre- approved for these additional uses.
Drainage System
The subject site is designated Zone X, areas of minimal flood and/or drainage hazards.
The proposed parking areas should increase the area of semi impervious surface, and the
buildings roofs should also add to on site drainage. However, given the existing
permeable condition of the land, on site drainage problems are not anticipated.
Solid Waste
The proposed use should not generate a significant amount of waste. Nonetheless,
whatever waste is generated will be disposed of in Hilo at the main dump and not at one
of the county's solid waste transfer station sites in Puna.
Electrical/ Telephone
Electrical services for activities on these properties have been provided totally by solar
energy since 1987. At the SPACE facility the 5.6Kw system is grid tie connected which
gives the public facility buildings a backup power source. Two Telephone services and
High Speed Internet DSL connections are installed on the SPACE site.
Other Public Facilities
Additional public services should not be required for the proposed use. This area, being
partially developed and with its volcanic attraction, already generates fire and police
protective services. This proposed use is not expected to significantly add to the demand
for these services. The distance from this property to police, fire and school services is
about 14 miles.
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HOW THE REQUEST MEETS THE FOLLOWING CRITERIA
CHAPTER 205 HAWAII REVISED STATUTES
The proposed use is consistent with the Hawaii Revised Statutes.
Chapter 205 -5, Special Permit, allows for persons to petition the Planning Commission
for approval to use the land for other than agriculture or rural use.
Rule 6.3 (5) of the Planning Commission Rules states the granting of the Special Permit
requires the applicant to cite how the proposed use would promote the effectiveness and
objectives of Chapter 205, HRS, and why the proposal is an unusual and reasonable use
of the land. The following criteria shall also be addressed:
(A) Such use shall not be contrary to the obj ectives sought to be accomplished by the
Land Use Law and Regulations;
(B) The desired use shall not adversely affect surrounding properties;
(C) Such use shall not unreasonably burden public agencies to provide roads and streets,
sewers, water, drainage, school improvements, and police and fire protection;
(D) Unusual conditions, trends, and needs have arisen since the district boundaries and
regulations were established;
(E) The land upon which the proposed use is sought is unsuited for the uses permitted
within the district;
(F) The proposed use will not substantially alter or change the essential character of the
land and the present use; and
(G) The request will not be contrary to the General Plan and official Community
Development Plan and other documents such as Design Plans.
HRS Chapter 205A -2, Coastal Management Program: The intent of the Coastal Zone
Management Program is to guide and regulate public and private uses in the coastal zone
management area with respect to recreational resources, scenic and open space resources,
coastal ecosystems, economic uses, coastal hazards, managing development, public
participation, and beach protection. The subject property is one mile from the nearest
coastline. However, it should be pointed out that the entire island lies within the Coastal
Zone Management Area.
The proposed uses in this amended Special Permit application do not interfere nor are
they contrary to HRS 205A or any specific land management specifications. The
sustainable community arts center demonstration model will not affect the coastal zone or
ecosystems. There are no public access routes or scenic resources located on the parcel.
EFFECTS ON SURROUNDING PROPERTIES
The proposed uses have all been tested and it is apparent that some of them have had an
impact on surrounding properties. Where neighbors have expressed concern from impacts
we have either stopped testing them or have developed solutions to resolve specific
issues. We have engaged in an ongoing dialogue with our neighbors over the last two
years and have identified noise as the major concern. A series of meetings has resulted in
a prominent member of the concerned neighbors joining our advisory committee and
serving as a liaison between us. More than a dozen meetings, consultations and
21
communications with neighbors have produced this request for additional activities with
their respective conditions and other mitigations.
In order to mitigate all our neighbors concerns we are proposing a condition that noise
levels for the above activities be limited to 65 dBA which is considered an acceptable
sound level for a single -- family residential area at night. Our present legal noise limit
according to State Dept. of Health Rule 6 -4 D on land zoned Ag is 70 dBA day and night.
We have formed a neighborhood group and have actively researched and designed a
sound reduction plan for the SPACE pavilion. This sound reduction plan has $50,000
funding pending approval of this Special Permit and can be installed within 3 months of
receipt of funding.
In anticipation of this development, the borders of the subject property were landscaped
15 years ago. Today the border is lined with 25' Ironwood trees, 15ft Manilla Palms, 1 oft
Protocarpus trees, Sft Noni trees and bougainvilleas with additional younger Bamboo and
ti plants.
We plan to use access from West Pohakupele Loop in Kalapana Seaview Estate
subdivision via lot TMK 1 -2 -038 -050. Adequate off street parking is provided on the 3
lots (see Exhibit H) and activities will be contained within the property. Telephone and
electrical services will not require any new poles.
The effect on surrounding properties is expected to enhance the growth of community.
Our amendment request will provide children and adults from our neighborhood as well
as other Hawaii communities served by our organizations with a much needed self -
sustainable community arts center demonstration model. Community development plus
economic, educational and recreational services for children and adults in rural areas will
all be greatly enhanced by this proposal.
PUBLIC AGENCIES
The Self - Sustainable Community Arts Center Demonstration Model and associated
activities will not unreasonably burden public agencies to provide roads and streets,
sewer, water, drainage, schools, police and fire protection and any other infrastructure.
UNUSUAL CONDITIONS
Unusual needs have arisen on the island of Hawaii in this time of increasing focus on
Sustainability. There is an ever - growing need for successful demonstration models. The
proposed use would help to alleviate this problem.
THE LAND IS UNSUITED FOR THE PERMITTED USES
Although the subject parcels are classified and zoned Agricultural, its soil characteristics
are not inherently unique and suitable for intensive agricultural activities, its potential for
intensive or less intensive agricultural uses are extremely limited.
22 }
0 0
USE WILL NOT SUBSTANTIALLY CHANGE THE ESSENTIAL CHARACTER
OF THE LAND
There is open space and a buffer of mature trees between the facility and surrounding
properties.
Cultural, educational and recreational facilities are common in communities, and
rural /agricultural areas are no exception. This facility will not be at all visually
incongruous with the surrounding area.
All activities will be within the property and away from the view of adjacent residences.
CONSISTENCY WITH THE GENERAL PLAN
The proposed use will not be contrary to goals, policies and standards of the General
Plan. By adding to recreational and cultural facilities the proposed amended Special
Permit is consistent with Section 12.5.1.1 which states that park facilities in Puna are
inadequate.
The proposed activities also further the goals stated in:
• Section 12.2 (a) to `Provide a wide variety of recreational opportunities for the
residents and visitors'
• Section 12.2 (c) to `Provide a diversity of environments for active and passive
pursuits.'
The proposed activities will further implement General Plan Policies in Section 12.3:
(a) Strive to equitably allocate facility -based parks among the districts relative to
population, with public input to determine the locations and types of facilities.
(b) Improve existing public facilities for optimum usage.
(c) Recreational facilities shall reflect the natural, historic, and cultural character of the
area.
(g) Facilities for compatible multiple uses shall be provided.
(h) Provide facilities and a broad recreational program for all age groups, with special
considerations for the handicapped, the elderly, and young children.
(i) Coordinate recreational programs and facilities with governmental and private
agencies and organizations. Innovative ideas for improving recreational facilities and
opportunities shall be considered.
(j) Develop local citizen leadership and participation in recreation planning, maintenance,
and programming.
The proposed activities are consistent with Economic Goals:
• Section 2.2A states "Provide residents with the opportunity to improve their
quality of life through economic development that enhances the county's natural
and social environment ",
• Section 2.2B states "economic development and improvements shall be in balance
with the physical, social and cultural environments of the Island of Hawaii.
23 j
Section 25 -52 of the Zoning Code provides that permits issued pursuant to Chapter 205,
HRS — such as the Special Permit — are considered permitted use. Educational and
recreational facilities are considered part of such uses. Accordingly, the requested use
would be consistent with the General Plan.
CONSISTENCY WITH OBJECTIVES OF LAND USE LAW AND
REGULATIONS
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, which for the
Agricultural Districts, seeks to preserve or keep lands of high agricultural potential in
agriculture use.
24
i
Community Petition In Support of the SPACE Facility
Summary Statistics
Signatures on paper petitions 752
Signatures via on -line petitions 238
Total Signatures 977
Signatures from Our Nearest Neighborhoods
Kalapana.Seaview Estates 1,66
Kehena 31
Puna Palisades 50
b
Nathalie Santos, Secretary
Department of Parks and Recreation
County of Hawaii
101 Pauahi Street, Suite 6
Hilo, HI 96720
Ph# 808 - 961 -8561
PAHOA NEIGHBORHOOD CENTER COSTS AND INCOME
From: *Nathalie Santos* <nsantos @co.hawaii.hi.us
< maitto:nsantos @co.hawaii.hi.us»
Date: Wed, May 5, 2010 at 5:32 PM
Subject: RE: research on community center costs
1.) How much did it cost the county to open the center
(including purchasing /building the building if applicable,
renovations, equipment, etc.)? an overall number is fine
$548,000
- Opened in 1975
2.) How much does it cost the county to operate the center
(including staffing, utilities, maintenance, office supplies,
etc.) on a monthly or annual basis? an overall number is fine
Monthly Expenses to Operate Facility - $11,254.00.
3.) How much money does the facility bring into the county each
month? $300.00 Average Revenue Per Month is the facility
self - sustainable, or does the county need additional funds to
support operations and programs there? As you can see by
numbers,
the facility is not self - sustainable.
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