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HomeMy WebLinkAbout2012-57.4 Currier & Kalley TestimonyCommunication No. 2012 -57.4 April 6, 2013 RE: Seaview Performing Arts Center and Education (SPACE) and their proposed Amendment to Special Use Permit #1122 Aloha to all affected neighbors in Kalapana Seaview Our names are David and Uschi Snover and we are neighbors and landowners that are directly affected by SPACE. In Hawai'i Volcano Circus' (HVC) Application to Amend Special Permit #1122 as well as their supplemental information document, HVC refers multiple times to their mission including promoting (p.13:) "Quality of Life encompassing safe, caring and engaged communities; healthy, sustainable surroundings... adequate, well maintained infrastructure... and positive interaction and respect among citizenry" How caring and healthy is this proposal in regard to us, the 148 potential neighbors within 500 feet of their complex who would be directly affected by the increased frequency of noise and traffic imposed by this proposal? This number does not include neighbors along Mapuana Avenue, W. Pohakupele Loop and W. Kehauopuna Street who would also be affected by traffic + noise increases? The applicant also states (p.11:) "An ongoing dialogue with our neighbors has identified noise as the major concern /issue" The same paragraph ends: extensive "communications with neighbors have produced the following proposal for additional activities and their respective conditions for noise and other limitations, for example, "we are confident 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 issuance of this amended request." In a review by Police Staff (Dec. 14, 2012): • "As stated in our response memo July 29th, 2010, the primary concern continues to be the noise impact on the surrounding community ". • Regarding public performances "staff anticipates that these events could become larger than the stated 200 -300 attendees and noise impact on the surrounding community will be significant" • Regarding development of "a sound mitigation plan "... "this statement indicates that no plan has been implemented or tested; we believe that such a plan should be tested to determine if it is effective in reducing the noise concerns within the community." • Regarding applicant's statement about acceptable noise level at 65dB: "the Hawaii County Police Department does not have the equipment or resources to enforce such a requirement, nor would that requirement prevent neighbors from calling for police assistance with these noise complaints." Clearly the police have issues with noise complaints. If this application is passed the police would be subjected to increased noise complaints. The fact that our police may have to spend more time and resources on noise complaints hinders their ability to address more important police matters. This seems contrary to the overall "community benefits" of the proposal. The applicant's statement that (p10:) "Increasing numbers of individuals and families w /children have moved to our immediate neighborhood, many because of our facility and the services we provide." This statement is unsubstantiated and conjecture. It might also be said that many immediate neighbors have moved away because of their facility. Especially given their desire to be the hub for the "continually growing need for our services ", many neighbors might yet move. We question the validity of their traffic impact estimates (p.21) in respect to the number of Seaview's traffic versus potential percentages of Space traffic. To the best of our knowledge, the "traffic count" in January 2013 was conducted by SPACE. Objective ?? We do acknowledge that (p.13 -) "For example after school performances, 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." We do not acknowledge that loud amplified performances, fundraisers and rehearsals day or night several days a month affecting the tranquility of neighbors are necessary to achieve these goals. In fact, it seems contrary to 'quality community health' and the building of well- rounded citizens. There is little doubt of the need for appropriate planning and development in the lower Puna community for many of the services and opportunities that are mentioned in the application. Puna Community Development Plan, sect. 1.2, p.19: "The combination of these challenges call for bold planning and initiatives to reshape the pattern of future growth and development in a manner that is more in harmonv with the natural settina and more supportive of a better sustainable aualitv of life." We believe this proposal shows rather a lack of planning initiatives that is in harmony with a sustainable quality of life for Seaview lot owners; in that it seems to indicate Space might become a village center with increasing activities; with access and impacts affecting a development that clearly was not planned nor designed with adequate infrastructure to accommodate such a potentially large commercial endeavor. The grantors of Space's 2001 special use permit were very aware of this and clear about limiting the scope of development to minimal conditions. Perhaps for HVC a 'positive interaction and respect among citizenry' might include taking these performances and fundraisers to venues and schools around the island as they did for 20 some years prior to Space. This would be a learning experience for students, a convenience to attendees and a huge relief for the lot owners of Seaview. The original permit #1122 from 2001 was granted with access through Pohaukupele Loop and lot 038 -50 under the conditions of no performances and no amplified music because traffic was thought to be insubstantial which is reflecting consideration and respect for the Seaview neighbors. There was no community outrage with that historically benign state of affairs - quite the opposite, neighbors endorsed the 2001 permit with their testimonies in front of the Planning Commission. As property owners we count on our government representatives, to respect our inherent common law rights to quiet, peace and enjoyment of our property. Please let planning instead of happenstance direct development. We ask that the Planning Department, The Windward Planning Commission, Hawai'i County Council Members, PCDP, and all parties concerned to please consider these possible unwanted consequences and ramifications while considering this application. Thank you, David and Uschi Snover Endorsed and agreed to By David Currier and Kevin Kalley Following are, as they state, the "limited number of events" as well as potential number of events not mentioned. 12 annual performances w 300 people from ?pm until 9.30pm + 12 annual fundraisers w 200 people from ?pm until 9pm + 52 annual night Bazaars (not further specified in the amendment, only mentioned on page 11, but the bazaars used to go from 6 -9pm, people circa 70) + 24 annual private events (weddings etc) w 50 people from ?pm until 7pm + 52 annual Farmer's Markets w 250 people from 8am -2pm + unknown number of Rehearsals w 20 -30 people from ?pm until 9pm + unknown number of private Parties from Village Green Society, who are the owners of Bellyacres = 152 potential annual events + unknown number of Rehearsals and private Parties and as suggested by police staff the probable increase in numbers of attending guests (amendment expects 250 people at the market in Sept.2012., in Jan.2013 by their own count 609 come in that month's average).