The URL can be used to link to this page

Home My WebLink AboutSPP-21-000227 9.10.2021 SCOTT & CAROL TESTIMONYMori, Ashley From: Scott & Carol <fishman@kona.net> Sent: Friday, September 10, 2021 2:36 PM To: LPCtestimony Subject: Testimony SPP 21-000227 - Sep 10, 2021 Attachments: Testimony SPP 21-000227 - Sep 10 2021 - 2-33 PM.pdf, ATT00001.txt Scanned with TurboScan. Aloha September 10, 2021 We are in opposition of SPP 21-000227 in which the property owner is asking for permission to operate a youth gymnastics and sports fitness facility on designated AG land. We have been long time neighbors of the property in question. The owner of this AG land has proven to be a very questionable steward of his land by illegally using AG land contrary to specific provisions in the zoning code. Checking county records these past/present violations and notifications are noted on this piece of AG land: 4/7/1999 Violation of Chapter 25 (Zoning Code) article 5, Division 7, Section 25-5-72 (a) Illegal dumping and land filling activities Construction and demolition material buried Illegal operation of a contractor's base yard on AG land 6/24/2011 D of H letter citing the following Release of oil, antifreeze, and hydraulic fluid from dismantled and leaking trucks Release of raw sewage from a Port A Potty Lack of proper management and disposal of solid waste (concrete rubble and approx. 30 large truck tires Illegal operation of a contractor's base yard on AG land 2/19/2016 letter from D Kanuha, Planning Director, citing complaints Operating a quarry/commercial excavation without SPP on AG land Using AG and as an equipment base yard without SPP 2/29/2117 Notice of Violation letter from M. Yee, Planning Director Processing aggregate on AG land Construction Base Yard on AG land Junk Yard on AG land 11/27/2020 Violation of permitted use of AG land letter from Planning Kona Aerials is not listed as a permitted use of AG land 2/12/2021 letterfrom Planning Cease and Desist Kona Aerials Immediately relocate Kona Aerials Processing of Aggregate on Ag land The WAHI Gym has now been recently established in addition to Kona Aerials Cease and Desist The WAHI Gym In addition to the above references a county map (attached) shows the established flood plain zone as being directly in the path of the crudely graded dirt access road leading to and from the gym. In times of heavy rains this area is flooded and access to the gym is dangerous. In times of no rain this crude, single lane, uneven path is an accident waiting to happen with mommy vans, families and oversized, loaded construction vehicles vying for right of way. This same flood plain of Waiaha Stream is the area that Bolton has supposedly been working on to create a badly needed flood channel as per his infamous FEMA application. (A call to FEMA offices finds no record of his application and/or a permit) Bolton has had YEARS to complete this flood channelization work! Several recent storms have resulted in "brown outs' in the ocean directly below his property where Waiaha enters the ocean in Kailua Bay. These "brown outs" threaten sea life and make for unsafe water quality for all of Kona's residents and visitors. As of today, the CEASE -and -DESIST order posted on 2/12/2021 has been ignored for 211 days. The gyms have continued to operate as usual. Fines levied and collected due of his noncompliance will be a nice addition to the county coffers. We are in support of the concept of physical fitness for children and adults and applaud everyone's effort to be healthy and fit. We OPPOSE a gym and gymnastics school conducting illegal business on designated AG land. This property owner's total disregard for the zoning laws, mandates and CEASE and DESIST orders is disturbing. His lack of compliance has unsettled hundreds of neighbors over many, many years with incessant noise from the rock crusher, clouds of dirt from the rock crusher, numerous XL dump trucks transporting crushed rocks on substandard Hualalai Road and the very disturbing conglomeration of vehicles and equipment seen all over the property. This beautiful and once peaceful area deserves better! Signed, �a-nµ7C�wfs �1 9110/21,11:28 AM IMG-5374.jpg vvL C. ✓i4A e,/ vj rc�� kl, a wj Ord 0 i "Rik Ik https://mail.google.com/mail/u/O/?tab=wm;;ini)ox/FMfcgzGljlnSVVNJ[t-'JzNKcJ(3wt6i r�mnemml &messagePartl&O. 1 1/1 "I tr. Aft % 1 A dA aao 'A-e- v- 67a- JQ � J; open .1 L6--b Yo-p re+o M� IR a '� to p_ a yF i !2 w i l , ��►�� fir �„ ®,.� i ,�!t 44 r