SPP-21-000227 11.5.2021 M. VAN PERNIS TESTIMONY

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Please accept this supplemented written testimony concerning SSP 21-000227, Applicant Kona Aerial Gymnastic Team, Inc. Please distribute this to all Commissioners assign as reasonably possible. Mahalo. While I am in favor of Kona Aerial being allowed to continue in its present location, there are conditions that should be imposed on the landowner based on facts the Commission must consider, regardless any lease language or other attempt by the lessor/landowner to impose such conditions in the Applicant. 1. The true applicant is the sophisticated developer Mr. Bolton, or an entity he controls. As landlord, he was certainly aware of the use by the unsuspecting tenant (Applicant) to be not permitted and illegal for his low tax rate ag property at the time the lease and non-permittred use began. 2. The access to the property is on a dangerous blind curve on shoulderless Hualalai Road. During certain times of the day, there are bad traffic jams nearby. Hualalai Road users from the dozen for so new subdivisions that use HualalaI (some with required turn lanes), as well as makai traffic down Hualalai from the Mamalahoa Highway, bitterly complain of the existing traffic during “rush hours”. This Commission recently approved a large preschool with access from Hualalai nearby, also an a blind curve, without shoulders or a turn lane as advocated by some. Hualalai is an overused substandard old wagon track road. Road improvements are desperately needed. A site inspection and a traffic study are very necessary. Do your duty to the community and don’t make a bad road situation worse. 3. Mr. Bolton's property is in an area designated for “urban”. He should be required to rezone, so special permits for his low tax ag property don’t come into play for too long. The Commission and County Council should not be manipulated by Mr. Bolton with special use permit applications on now inappropriate ag zoning just to insure his low ag tax rate and past and future rental income. Why should Special Permits be handed out instead of getting the available urban zoning intended for this and the Penalosa property? Mr. Bolton is responsible for creating this situation, and he should be responsible for curing it. Are you again willing to sacrifice the West Hawaii public, and particularly Hualalai Road users, for the private fnancial benefit of a landllord? Is being “nice” to Mr. Bolton and the Applicant more important than YOUR DUTY TO ALL OF WEST HAWAII? Does the public have to pay for the road improvements necessitated by Mr. Bolton’s long standing commercial use of his ag property. For his clear and knowing and lengthy violation, Mr. Bolton should be very substantially fined. Pursuing an after the fact permit is not enough, and any practice by the Planning Department to that effect is a derogation of their duty. Road shoulders and a turn lane are necessary. And there should be a condition that proper urban zoning be applied for, which is available. Sincerely, Mark Van Pernis 2