HomeMy WebLinkAbout2013-40 Ellis Testimony re SPP 1122Communication No. 2013 -40
Testimony submitted to PCDP Action Committee 719113
From: Graham Ellis, Board Chairman, Hawaii's Volcano Circus
Subject: Amendment to Special Permit No. 1122 (Docket No. 01- 000013)
Applicant: Hawaii's Volcano Circus, Ltd.
Request: Amendments to SPP 1122 to Establish a Self- Sustainable Community Arts
and Education Center Demonstration Model, Including a Farmer's Market,
Allow Public/Fund raiser Performances and a Certified Kitchen
RE: Letter of Opposition for County Planning Director, Duane Kanuha
Dear Members of the PCDP Action Committee,
Thank you for this opportunity to honor due process by hearing additional testimony on
the matter of SP 41122. I trust that before you make any decisions regarding this matter,
you will consider the testimony of more than the five or six community members who
attended your May 14th meeting.
Dozens of people in our community have been involved in a resolution process for over
three and a half years now; hundreds of others have an interest in the outcome. There are
many voices to be heard, 970 people signed a petition "requesting county agencies to
give SPACE their full support." At our December 2012 hearing before the Planning
Commission, 296 written testimonials were submitted in support of SPACE, with just a
handful in opposition.
Our original Special Permit amendment proposal was submitted to County Planning
Department in June of 2010 and underwent careful review and community input resulting
in the submission of a revised version in September 2012. The major change was in the
land area covered by the revised SP. Hawaii's Volcano Circus (HVC) is now applying for
a SP to include only those areas used by SPACE, approximately three acres.
Some of the issues raised by testifiers at your May 1411 meeting, and in your letter, pertain
to the other seven acres, which are now not part of this SP application. A more recent
revision that has resulted from a dialogue with these same five complainants reduces the
permitted noise level to 60db (as an AG lot we are currently permitted 70 db 2417.) we
have also agreed to purchase a decibel meter that will be given to neighbors so that thev
can accurately report noise levels.
Historically we have received subjective complaints that provide no measure to
determine if the noise is at permitted levels or not. Despite multiple reports made to the
police and the health department there has not been a single warning or citation issued to
SPACE or the Village Green Society (VGS).
Let me introduce you to VGS, the non-profit corporation that owns the subject propert3i
and has held events there for the last 26 years. As an IRS designated 501 c2, VGS is in
effect a land trust, with no personal ownership or title with all structures on the property
belonging to the non - profit, which is managed by a board of 35 stewards. This is an
intentional community sustainable living initiative striving to ensure that the VGS aina
and facilities are passed on to the next generation responsibly. The Village Green Society
has leased three acres of its property to HVC for SPACE at a price of $1 annually and
receives no other income from SPACE.
In 1987, the mission statement for our 501c3 organization was "to promote the healthy
development of children and community." In 2007, when SPACE opened, our Board
adopted a new mission statement "to creatively promote sustainable community
development in Puna Makai."
We are a service organization focused on actions that build the networks and social
capital required by healthy communities. Our organization has developed a huge amount
of credibility for being pioneers in Puna. We have received many positive and
encouraging responses regarding our service to the local community, including several
endorsements from local and state government officials:
Governor Neil Abercrombie "I commend all of those who reinforced your
organization in providing numerous services to the public. "
Lt Governor Brian Schatz " The service provided... for the Hawaii Public,
including the support of the Puna Makai community is exemplary. "
Senator Daniel Inouye "... a positive, enriching and safe place that helps to
motivate the entire community with a focus on self- sufficiency and self-
improvement. "
Senator Daniel Akaka "... has a long list of public service, including the support
of the Puna Makai community"
Representative Colleen Hanubusa "Thank you for being an example of publ is
service by encouraging a stronger community."
As residents in Seaview for over 26 years, VGS members and Bellyacres residents have
served on the boards of numerous community groups, such as Chairman of the original
Seaview Community Association Board, as present Chairman of the Hawaii Sustainable
Community Alliance, current President of the Unitarian Universalist Fellowship of Puna,
current board member of KAPGNG and the HAAS charter school, and as past members
of the Puna Community Council, Pahoa Mainstreet Association, Friends of the Akebono
Theater, Pahoa Elementary School Management Board, and Chairman of the Weed and
Seed Youth Action Committee.
We believe that we are educated, well- informed community members and have the
credibility to represent our community on certain issues. Our farmers' market, charter
school, community events, and performances have all evolved from the wishes of the
majority of our local community residents.
A recent 2012 survey of Red Road residents by KAPONO identified the features most
supported for our community. SPACE currently provides eight of the top ten listed
features requested: farmers' market, community meeting place, community bulletin
board, emergency shelter, outdoor event area, entertainment/performance theater,
Freecycle/barter, and public restrooms.
Over many years we have learned that our community development initiatives are similar
to many government or private developments where the needs and desires of the greater
community sometimes coming into conflict with the needs and desires of a small
minority. We continuously work to resolve these conflicts.
Regarding comments in your draft letter of July 9" to Planning Director Duane K.anuha:
• We take great offense to the claim "that Hawaii's Volcano Circus, Ltd.
(S.P.A.C.E.) is operating more like a business than a community service"
We operate on a subsistence budget because we charge exceptionally low rates for
our services. Where else in Hawaii can kids attend performance arts classes for $2
per hour? Our five staff members are all part time employees, including our
executive director who has to do two other paid jobs to support her family.
Community volunteers provide the majority of the work at SPACE. On a weekly
basis year round we provide more services to more people than the County of
Hawaii run Pahoa Community Center which costs the tax payers $11,000 every
month. Are they a business?
• "Heavy traffic" is a subjective description. A preliminary Traffic Impact Analysis
Report prepared for Planning Department, and stamped by a professional
engineer, indicates that the impact is not sufficient to necessitate any major
improvements.
• "Noise" is also very subjective. SPACE has never been cited for any noise
violations. The State Department of Health has established objective and
quantifiable permitted levels for sound. Seaview Estate lots, including SPACE,
are zoned AG with 70db permitted 24 hours, 7 days a week. Our proposal is for a
condition that limits our noise output to 60db until 9:30 pm only.
• SPACE fully embraces the spirit, and much of the wording, of Section 3.2.1 and
makes no claim to being, and has no desire to become, a "village center" as
defined by the PCDP.
• Regarding Section 3.2.2g - through our partnership with HAAS charter school,
students have received education in agriculture, alternative energy, and resource
recycling and recovery while attending SPACE. while most of our sustainable
agriculture takes place on the seven acres not included in this application, our 80
solar panels on the roof of SPACE supply 90% of our power and we have
developed a recycling program that probably makes us the closest to Zero Waste
of any community center in Hawaii.
• while 12 camping sites were permitted in our original SP, we are not requesting
them in our amended application. SPACE has never had overnight camping; we
have offered circus camps for daytime attendance only.
• On the three acres included in the amended SP application, there are not any
permit violation issues. Non - compliant building issues on the other seven acres
are being addressed in a separate SP application being submitted by VGS.
• The County Planning Dept has not expressed any concerns about us using two
Seaview lots for event parking. However, as soon as SPACE secures the lease of
adjacent state land (which is in process), we shall not require the use of any
subdivision parcels for parking.
• SPACE does see itself as a representative of the community and has earned that
honor through collaborations with individuals and a multitude of other civic
organizations and the provision of public services over two decades. We are a
community center, not a village center. Charging fees for services provided is
fully compliant with IRS non - profit guidelines and is the means by which SPACE
can further its goals of economic self- sustainability. These funds DO NOT
purchase food and shelter for the folks that live on the remainder of the property.
To the contrary, these dedicated folks represent the core unpaid volunteer labor
force that works consistently week after week, year round to maintain SPACE and
its public services. Volunteerism is the backbone of our organization, which is
what makes us such a good model for sustainable community development.
• Regarding Section 3.5 - SPACE has one of only three public playgrounds for
keikis between Pohoiki and Pahod, while our daily afterschool programs provide
exactly the kind of recreational opportunities that the PCDP states are needed.
• Regarding Section 3.6.1. - SPACE has 80 photovoltaic panels and proudly
announces that it is solar powered on a sign at the entrance. Residents of
Bellyacres have lived off the grid with solar technologies for over 26 years,
making them some of the most experienced alternative energy users in Hawaii.
• Regarding the statement "that the Applicant(s) have acted with disregard to the
numerous complaints of their neighbors" - There is no evidence supporting this,
apart from statements from five repetitive complainants. There has been no
attempt to verify the facts of this malicious claim.
• SPACE proposals for dealing with complaints are an effort to allow for two -way
communication, and the possibility for mediated solutions and compromises. This
proposal will help build and maintain positive relationships in our community.
The present system is a failure in this regard and has created division in our
neighborhoods not unity.
■ Regarding "driving through a very populated sub-division, they are an on -going
nuisance that damages the quality of life for an entire neighborhood" - Please note
that not one of the five testifiers at your May 1411 meeting live in a location which
typically have vehicles that are attending events at SPACE drive past their homes.
They are not personally impacted by the traffic.
■ Regarding "These are activities that would be better located in a commercial area,
town center" - our reading of the PCDP indicates that the intent and spirit of the
plan is to promote exactly the kind of decentralized development that exists at
SPACE.
■ Regarding "the overwhelmingly negative testimony from neighbors" - This
statement is not factual and is based upon the opinions of five people from a
community of hundreds. We can provide over 290 positive and supportive written
testimonials in favor of SPACE.
Thank you for this opportunity to participate in this process. I trust that this testimony has
provided you with additional facts relating to this issue that will help you make a positive
recommendation to the Planning Director. Additionally, I hope that you now understand
that SPACE exists due to the will of the vast majority of the population living in Seaview
Estates and the surrounding community. And finally, I invite you all to a personal tour of
the facilities at SPACE, as well as the adjoining Ecovillage, Bellyacres, so that you can
have a deeper understanding of the nature of our SP amendment application firsthand.
Respectfully,
Graham Ellis
Chairman of the Board, Hawaii's Volcano Circus