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Communication No. 2013 -40 <br />Testimony submitted to PCDP Action Committee 719113 <br />From: Graham Ellis, Board Chairman, Hawaii's Volcano Circus <br />Subject: Amendment to Special Permit No. 1122 (Docket No. 01- 000013) <br />Applicant: Hawaii's Volcano Circus, Ltd. <br />Request: Amendments to SPP 1122 to Establish a Self- Sustainable Community Arts <br />and Education Center Demonstration Model, Including a Farmer's Market, <br />Allow Public/Fund raiser Performances and a Certified Kitchen <br />RE: Letter of Opposition for County Planning Director, Duane Kanuha <br />Dear Members of the PCDP Action Committee, <br />Thank you for this opportunity to honor due process by hearing additional testimony on <br />the matter of SP 41122. I trust that before you make any decisions regarding this matter, <br />you will consider the testimony of more than the five or six community members who <br />attended your May 14th meeting. <br />Dozens of people in our community have been involved in a resolution process for over <br />three and a half years now; hundreds of others have an interest in the outcome. There are <br />many voices to be heard, 970 people signed a petition "requesting county agencies to <br />give SPACE their full support." At our December 2012 hearing before the Planning <br />Commission, 296 written testimonials were submitted in support of SPACE, with just a <br />handful in opposition. <br />Our original Special Permit amendment proposal was submitted to County Planning <br />Department in June of 2010 and underwent careful review and community input resulting <br />in the submission of a revised version in September 2012. The major change was in the <br />land area covered by the revised SP. Hawaii's Volcano Circus (HVC) is now applying for <br />a SP to include only those areas used by SPACE, approximately three acres. <br />Some of the issues raised by testifiers at your May 1411 meeting, and in your letter, pertain <br />to the other seven acres, which are now not part of this SP application. A more recent <br />revision that has resulted from a dialogue with these same five complainants reduces the <br />permitted noise level to 60db (as an AG lot we are currently permitted 70 db 2417.) we <br />have also agreed to purchase a decibel meter that will be given to neighbors so that thev <br />can accurately report noise levels. <br />Historically we have received subjective complaints that provide no measure to <br />determine if the noise is at permitted levels or not. Despite multiple reports made to the <br />police and the health department there has not been a single warning or citation issued to <br />SPACE or the Village Green Society (VGS). <br />Let me introduce you to VGS, the non-profit corporation that owns the subject propert3i <br />and has held events there for the last 26 years. As an IRS designated 501 c2, VGS is in <br />