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Planning Department vs. SPACE (by Graham Ellis)
#1
By Graham Ellis

On March 16th the director of County Planning sent a letter to SPACE stating that due to complaints regarding the Bellyacres 25th anniversary celebration and the Farmers Market she had suspended the existing Special Permit and ordered SPACE to cease and desist all non agricultural activities. This meant closing down the HAAS Public Charter School, the SPACE Farmers Market, and all performance arts programs held at SPACE. We were also ordered to attend the May 3rd Windward Planning Commission meeting to answer to the complaints.

The SPACE Board decided to continue our community service activities. We decided not to evict 36 school kids and their team of dedicated teachers, to keep the Farmers Market open to ensure that our community did not suffer from the loss of essential economic and social benefits, and to keep running our HICCUP circus performance arts programs that have served large numbers of children and adults in lower Puna for over 20 years.

The Planning Director sent us another letter on April 5th (it arrived here on April 8th) correcting her previous order by informing us that activities allowed under our existing permit could continue until May 3rd, but that we had to close down the SPACE Farmers Market.

Our Farmers Market, our public charter school, our performance arts programs and related performances are currently attended and supported by hundreds of community residents. This is pure people driven, rather than permit driven development. This is the people telling the government what services they want in their neighborhoods and providing them for themselves. SPACE has had no financial assistance from the county or state administrations, yet provides more services for more residents than the Pahoa Community Center, which costs taxpayers $11,000 monthly.

On May 3rd we will be asking the Windward Planning commission to allow us to provide these community services legally and with their blessing, and hopefully we can start working more co-operatively with the experienced and skilled county work force hired to serve the public. We could really use their professional talents.

Members of SPACE along with the Hawaii Sustainable Community Alliance will also be asking the Planning Commission to consider establishing new guidelines for permitting grass roots community development organizations. As a Special Permit holder for over ten years l will testify in detail regarding the many ways that the permit process is simply not simple and how it prevents community building instead of promoting it. The best measure of this is the fact that very few grass roots non profit community organizations have ever filed to obtain a Special Permit for the activities they provide. We know of many community groups providing essential services without permits that exist in fear of censure and fines from our Planning Department. This is no way to promote community development.

In East Hawaii, I am only aware of Kalani Honua and SPACE that have actually obtained Special Permits, and look at the troubles that both these organizations have had in recent years. It is no wonder that other community groups prefer to stay underground and illegal when they see the problems that we have to deal with trying to operate within the existing legal framework.

The biggest weakness of the present Special Permit process is that enforcement is complaint driven. The Planning Department has a process and procedures for receiving, recording, and investigating complaints. They do not have any criteria for determining if complaints are frivolous, fraudulent, vengeful, or simply the result of a neighborly dispute. The accuser does not even need to live in the State of Hawaii and remains anonymous, while the defendant is assumed guilty from the filing of the complaint until a determination is made by the Planning Director. The formal procedure to respond to the Director’s decision regarding frequently undefined, unsubstantiated accusations, is to appear before the Planning Commission.

After 25 years of living in a community of people, a community that is thriving and healthy, l am often asked what is the key to developing a supportive community. My answer is: trust, and learning to trust one another. Trust comes from compassion, not from fear, fighting, or frivolous complaints. Trust is destroyed by the present climate of fear and suspicion created by the complaint driven system of code compliance. This precludes the possibilities for building neighborliness through open and honest dialogue where compassion and conciliation can guide our process.

Community groups offering facilities or activities without a permit exist in fear of having a complaint filed with the Planning Department and an investigation that could lead to fines and penalties. This fear prevents openness and trust building amongst community members, it prevents healthy community development, the core, the strength and the goal of our society. Many of us believe that it is time for a new Community Organization permit with a new process for compliance that encourages mediation and ho’oponopono techniques rather than anonymous complaints.

The methodology of most grass roots organizations today centers around sustainable living practices. At SPACE we have worked extremely hard to make our operations sustainable and energy efficient. We are one of the most advanced models of self sustainable community arts facilities in the United States, but many of our sustainability activities have never before been presented to the planning authorities. We are pioneering innovative and creative practices that make community based, community run facilities viable. We hope to serve as a demonstration model for other organizations, but we can only do that by gaining legal status from the County.

If sustainability as a goal has any meaning at all, it must embrace community-based, community-run efforts to strengthen the social and economic fabric of neighborhoods. One solution is for government agencies to be flexible in their application of laws that were created for a different world, or to adopt new laws.

An island wide group that is promoting new laws is the Hawaii Sustainable Community Alliance ( HYPERLINK “http://www.hawaiisustainablecommunity.org” www.hawaiisustainablecommunity.org) . HSCA is proposing that the County of Hawaii review and replace the Special Permit process community non profit groups have to undertake if they want to legally provide facilities and programs within their own communities. HASC has a membership of over 400 residents and represents dozens of island wide groups of all sizes serving their communities, but acting outside county or state ordinances. Many of them intentionally keep a very low profile, and most have their energy and successes stifled by the fear of official retribution. This handicaps many sustainable community initiatives to the detriment of us all.

Neighborhoods providing non profit services for themselves benefit everyone, especially taxpayers who are saved the costs of providing these services.

Sustainable living and community development are both highly valued at all levels of the County Administration on this island. We therefore expect to see our elected officials eagerly supporting proposals to remove the obstacles and challenges that currently deter small community groups from operating legally.

If you support this initiative, please attend the Windward Planning Commission Meeting on May 3rd 10am at the Aupuni Center Conference Room in Hilo.

(Graham Ellis is the director of Seaview Performing Arts Center for Education.)
Assume the best and ask questions.

Punaweb moderator
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#2
A couple of years back there was a lengthy thread here on Punaweb about S.P.A.C.E. its zoning/permit problems;

http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=10170&SearchTerms=S.P.A.C.E.

A quick review makes me think that a lot of the current issues are very similar with a few new elements. For me the bottom line is that this worthy organization has had to deal with Puna's long history of poor planning and zoning. The habit for such groups has been to either go underground or to try to patch something together using the special use permitting process. It was previously alleged (and perhaps even admitted to by SPACE, IIRC) that they had gone beyond the limits of an early special permit. I believe that some meetings were held and some adjustments were made, obviously without any major rezoning or county legislative help that would have brought about a comprehensive settlement. At any rate, SPACE was able to continue until now.

One would hope that the County Planning Department and/or Council would find a way to rezone the parcel and grandfather in the activities that are so useful to the community. Of course, any such action would require hearing the concerns of those who think otherwise. That's how the process works, and some of those folks can point to what they view as violations of the previous special use permitting. It's very complicated, and I've just stated my very simplistic view of it. My feelings won't be hurt if anyone has information counter to my assumptions. That's a way for me to learn.

Finally, may I respectfully suggest that Mr. Ellis post a "bullet point" version of this? A lot of readers will find his post lengthy, despite the presence of some pertinent information.
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#3
We fully support Mr. Ellis and his community projects. Please come out on May 3rd and raise our voices in favor of community.
SECRET KNOWLEDGE - "NOT FOR US TO KNOW"? http://www.youtube.com/watch?v=91qs9v-upWI
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#4
When he says "closing down the HAAS Public Charter School," I'd like to have more details. Is there a HAAS Ohana program at SPACE that is in danger of closing? Surely he doesn't mean the WHOLE HAAS Public Charter School. That's a lot of kids without a school! Can someone please clarify.
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#5
HAAS has a program at SPACE. HAAS is not directly threatened here, only indirectly to the best of my knowledge.
Assume the best and ask questions.

Punaweb moderator
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#6
Rob is exactly right. This does severely affect a HAAS program at SPACE but not the entire school.
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#7
quote:
Originally posted by JerryCarr

One would hope that the County Planning Department and/or Council would find a way to rezone the parcel and grandfather in the activities that are so useful to the community.
Are we really going to dance the same dance over and over again?

The issue is simple;
The CoH has provided the requested SUP for the activities they were told would be conducted at that location. It is not the role of the CoH to be the directors of the organization; it is for the organization to tell the CoH what their needs are.

The organization did that and after violating the rules, they were given a second chance. They violated the rules again and were given a third chance. They violated the rules again.......

The question that must now be asked and answered is:
After numerous times this organization has laid out their plans, got approval and stipulations, agreed to the terms of the agreements and stipulations, yet over and over again violated them, at what point do the people say, their word is worthless and they have by their own hand, proven they are unworthy of being trusted to abide by anything they agree too? That is the one and only issue.
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#8
If the law is the law and the law must be followed then what is the proper recourse when the County of Hawaii has violated the law in more substantial ways than a private group such as SPACE has?

I ask this because both on the private sector side and the public sector side there are effects and there are (or at least should be) consequences.
Assume the best and ask questions.

Punaweb moderator
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#9
Does anyone know if they actually have stopped having the farmer's market?
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#10
quote:
Originally posted by Rob Tucker

If the law is the law and the law must be followed then what is the proper recourse when the County of Hawaii has violated the law in more substantial ways than a private group such as SPACE has?

I ask this because both on the private sector side and the public sector side there are effects and there are (or at least should be) consequences.


Well where does your analogy stop, Rob? Since the County and SPACE have both violated the law and there are no consequences, let's all go knock off liquor stores, gun down all obnoxious neighbors and drive 100 miles per hour through downtown Pahoa.

I think Bob Orts is exactly right - and I am concerned about "special use permit creep" that seems to be occurring throughout Puna. For example, Kalani is now advertising its gift shop and snack bar (note: its been a few weeks since I've driven that section of Red Road, so I may not be quoting the sign exactly, but the gist is correct). Now I like ice cream and gifts as much as the next guy, but now that that camel's nose is under the tent, whats to stop them from creeping further and further until it's a full 7-11? SPACE and Kalani provide excellent services to the community, and I don't mean to bash them, but they are setting precedents that will be hard to argue against if someone buys property nearby and decides they want to operate a business too.

The whole point of official planning is to set parameters and stick to them, with special exceptions available after serious review. I think it's a tad hypocritical for folks to argue against the Auli'i Drive KTA by quoting community development plans but then turn around and say SPACE should have a free pass to do whatever they want even if it goes beyond their SUP.
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