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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 />