2021-09-16 Leeward Exh A (Public Testimony re Item 1 SPP 21-227)

Home

hopeful that each one of you has taken the time to read through the testimony sent by Carol Moran Fuller in which you will see a long list of violations of the landowner with regards to the use and practices on this agricultural land. It's tragic in my mind, I've known Nanette since I was a little girl and boy, I always wanted to be a gymnast in her gym at a certain age, though I was definitely going to be way too big for that. But I have seen a number of our keiki go through her program. She's an incredible coach, an incredible youth coordinator, and she has an incredible business. It's tragic and ironic that all of this has happened in this timeframe, where she lost a location, and it was very gracious and kind of the landowner, Mr. Bolton, to provide this space as an opportunity to continue the services of her business. Nobody wants the gymnastics to stop, nobody wants her business to suffer, and nobody wants our children to lose access to such a great sport and activity. However, this is a complicated issue, because the Special Use permit relates to this one business, but the property that the Use permit is applying for has a very complicated history with its landowner. There are complications going back to 1999. The landowner has a history of disregard for our land use laws and a long list of violations and fines. Along with a current and continued manipulation of a flood mitigation project that is widely believed in our community. Unfortunately, to be a cover for a rock crushing business, which is an industrial use on agricultural land. The case is currently at the Hawaii Supreme Court waiting to be picked up unfortunately it has not been. I was very hopeful that there would be some clarity coming from the Hawaii Supreme Court, but with some of the other issues that have come forward that's been put on pause. The landowner has been generous to offer the ag structure, which was otherwise unpermitted for this kind of use to be used by the gymnastics facility. I don't know if any of you have been to the site. It's not particularly safe, there are a lot of complications associated with the site. Unfortunately, this is a strategic manipulation of do something first and ask for permission later and have somebody else ask for the permission instead of the landowner. Which makes it challenging for all of us to then listen to testimony from parents and Nanette as a business owner with an incredible reputation of serving our community. There is another gym that's being operated in this ag structure on this property that is fantastic with community members benefiting greatly from open air workouts in this time of the "rona". However, none of it is legal and none of it was legal and there's a history with this landowner of doing what he wants, when he wants and how he wants and then coming back and, in this instance, having somebody else file for a special use permit. VITOUSEK: I'll ask for you to just summarize as you've past the three minutes. VILLEGAS: Perfect. In summary, I recognize and respect that you're in a tough place on this one, but I asked that you look at the land use laws associated with this property, and should you decide to move forward that more stringent stipulations be put on this landowner and for the improvement of this property to be in alignment with what they're asking for as a use on this property. And with that I yield, so thank you for taking this up and considering those requests. Mahalo. 7 EXHIBIT A