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VAN PERNIS: First of all, Parcels 42 and 43, that’s surrounded in black, that’s the A-5 and below
<br />it the RS-10 in yellow. Those are both controlled by the same – (receiving a laser pointer from
<br />staff), okay, thank you. That is Parcel 42. This is Parcel 43. Together they are approximately 30
<br />acres. They are owned and controlled by the same entity, or same person, that person being
<br />somebody from the mainland, of course – Lee Barrett, who is doing business under Brendan Lee,
<br />LLC. So to comply with the State and County requirements, this should be, those two parcels
<br />should be submitted as a single 30-acre application. Parcel 42 is alleging that they can take access
<br />through Parcel 43 and vice versa, so being developed jointly as one. They are seeking the same
<br />zoning. On Parcel 43, A-5, they are seeking 10,000-square foot zoning. There are no 10,000-
<br />square foot lots anywhere in the vicinity or anywhere along Huallai Road. Let me point out,
<br />Huallai Road is -. Look at all the road frontage they have. Just right here where the RS-20 is, The
<br />Heights at Huallai, with 16 lots they built a channelized intersection to Huallai, and paid for it
<br />with 16 lots. These 30 acres have 145 or more lots; they can certainly do a channelized intersection
<br />to Huallai as well. Now, there are no RS-10 lots anywhere along Huallai Road, as I indicated,
<br />and the adjoining property is RS-15 and RS-20, the closest lots. To approve RS-10 is to depreciate
<br />those lots. And you have duty to the public, not to the developer, to make the areas compatible.
<br />Other testifiers talked about spot zoning 10,000-square foot lots – that’s what it is when you go
<br />10,000 up in A-5. The smaller lots are down in Pualani down below along Queen K where there is
<br />a channelized intersection and there is a double-lane signalized, public parks, roads gutter,
<br />sidewalks. This is a totally different development, and it’s unfair, I think, dishonest to say that
<br />Parcel 43 has nearby small lots and then refer to Pualani. It’s up in the agricultural area. Now,
<br />when Pualani and Huallai was developed, it was required to have a through road from Kuakini and
<br />a channelized intersection up at Huallai. There is no reason why this development shouldn’t have
<br />the same thing. Although we all know, let’s be honest, that this 60-acre piece is submitted as a
<br />separate development, would require compliance with various laws and regulations, State Land Use,
<br />etc., and instead, they broke it down to less than 15 acres each, even deeded away some of A-5 to
<br />make sure it’s less than 15 acres, so they can come to you and avoid the State Land Use situation;
<br />but we all know this is being developed as a single entity. They’ll all be in interconnections.
<br />Also, we should point out in regards to the roads that they are saying that they are going to use. See
<br />the roads here, these roads up here, these are private roads. There has been no demonstration of any
<br />right to use these private roads – I know they say I have two minutes left, but as I said, I’m trying to
<br />cover both applications with one testimony – they don’t have any rights to use those roads, and that
<br />says they should not be granted any approval until they establish what those rights are. And the fact
<br />that Parcel 43 is going to supposedly take access down through Parcel 42 into the adjoining
<br />subdivision shows that they are being developed at least as one 30-acre parcel. I don’t think it’s
<br />correct for them to attach themselves to someone else’s infrastructure without any contribution,
<br />particularly when those, some of the infrastructure is private. They have not demonstrated rights to
<br />it. Until they show you those demonstrated rights, I think they should be denied the application,
<br />unless they are going to have access all the way up through Huallai as recommended by the
<br />Department of Public Works.
<br />I think this entire situation should be rejected and the applicant reapply as a 30-acre or 60-acre
<br />parcel. I think that the Department of Public Works’ recommendations, if it’s going to be, if there’s
<br />going to be any kind of a rule, it must be followed. And most importantly I think that Parcel 43
<br />needs to be 20,000-square foot lots – too late for Parcel 42, which I’m mostly testifying about – but
<br />Parcel 43 should be 20,000-square foot lots, and should not depreciate the adjoining subdivisions,
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<br />EXHIBIT B
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