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previous NOV and assessing a civil fine of$6,000. Additionally, during the inspection, <br /> Planning Department inspectors observed another non-agriculture commercial enterprise <br /> "The WAHI Gym" had been established within the remaining portion of the afore- <br /> mentioned agricultural warehouse structure, adjacent to the portion occupied by Kona <br /> Aerial Gymnastics. (Planning Department Exhibit 4 —Notice of Violation and Order <br /> dated February 12, 2021) <br /> 12. March 16, 2021: Kona Aerial Gymnastic Team Inc. submits a request to the Planning <br /> Department to withdraw the Special Permit application in order to make revisions. <br /> 13. March 31, 2021: Nakuwauna Foundation pays the civil fine of$6,000. <br /> 14. May 7, 2021: Kona Aerial Gymnastic Team Inc. submits a revised special permit <br /> application, to legitimize the operation of a youth gymnastic and sports fitness facility. <br /> STATE AND COUNTY PLANS <br /> 15. State Land Use (SLU) District: Agricultural District <br /> 16. County Zoning: A-1 a; Agricultural 1-acre <br /> 17. General Plan (LUPAG) Map Designation: Urban Expansion (ue) which allows for a <br /> mix of high density,medium density, low density, industrial, industrial-commercial and:or <br /> open designation in areas where new settlements may be desirable, but where the specific <br /> settlement pattern and mix of uses have not yet been determined. <br /> 18. Kona Community Development Plan (KCDP): The KCDP was adopted by Ordinance <br /> No. 08-131, which became effective on September 25, 2008. The subject property is <br /> located within the Kona Urban Area and within the Pua`a-Wai'aha Village Transit <br /> Oriented Development Area. <br /> 19. Special Management Area (SMA): The subject property is located approximately one <br /> (1) mile from the nearest coastline and is not within the Special Management Area. <br /> DESCRIPTION OF PROPERTY AND SURROUNDING AREAS <br /> 20. Project Site: The subject parcel is 23.738-acres in size and is irregular in shape. The <br /> vegetation on property is primarily guinea grass, haole koa, opiuma, and kukui. A portion <br /> of the property has been cleared and developed with a 12,600-square foot agricultural <br /> warehouse and a 480-square foot frame utility shed. The agricultural warehouse was <br /> constructed under Building Permit No. BK2019-01023. Additionally, there are two <br /> existing catchment tanks located just west (makai) of the existing warehouse structure. At <br /> -4- <br />