HomeMy WebLinkAboutCOM 0028.002 2022-2024 Comm.2
From: Mark Van Pernis
Sent: Sunday, February 05, 2023 12:41 PM
To: Council Testimony
Cc: Inaba, Holeka; Council Testimony
Subject: Sunshine Holdings LLC. Application for further delay.
Without any plans to develop,the applicant through its representative Mr. Foke seeks a special privilege and exemption from
Bill 194 to further delay(25 years and counting) without cause for its predecessors subdivision proposal. West Hawaii is the
victim and then Panning Director(PD)and the Leeward Planning Commission (LPC)the enablers.
PD Kern was a developer's representative, like Mr. Fuke,and Mr Kern as a developer's representative had a rezone and
subdivision client in the same Koloko neighborhood as Sunshine. As PD he approved the former client's subdivision without
substantial impositions,just as he recommended no substantial public impositions and more delay for Mr. Fuke's client.
When the conflict of interest of Mr. Kern was pointed out, he admitted it. Is this another conflict of interest or appearance of
impropriety?
Twenty five years of delay with no sunset or end in sight,is an insult to West Hawaii,the Council and its Bill 194. Why does
Mr. Fuke and his client get this special break of 25+years of delays and sales and avoidance of Bill 194? The PD could have
easily told the truth:that Sunshine's delayed ordinance had expired,and no reasons for delay"beyond the control of the
applicant", as REQUIRED by its ordinance, had ever been given-not in 2005, 2010, 2015, 2020, or now. Or even better, if a
delay is wanted for no reason other than the financial convenience of Sunshine, it could be processed under Bill 194. What's
the rush (other than Mr. Fuke's desire to avoid 194),since there's no intention to develop now or in the next five years.
Meanwhile,the area's population has increased 220%,terrible traffic jams are now part of Mamalahoa and Palani in the area,
turn and stacking lanes and a traffic light are desperately needed at the Mamalahoa, Koloko Drive intersection, a gathering
place for keiki and school buses is now on Koloko Drive at that intersection, a bypass road to take some of the pressure off of
Mamalahoa and send it to makai highways scheduled for 2005 has been postponed to 2025 to help facilitate a developer's
sale,and many subdivisions,short term rentals,and B&Bs have come to be in the area. None of this was mentioned by
Mr.Fuke,the PD or the LPC.
Where's the Planning for West Hawaii from the PD and LPC? And the Council?
The PD and Mr. Fuke try to say that the 25 year old approval is adequate for a 2023 five year extension to contend with
present and uncertain future conditions. Mr. Fuke may present himself as a nice man with Planning Director experience
many, many years ago when things were way different. But make no mistake as to who he is representing now
THIS IS A PRIME EXAMPLE OF WHERE THE COUNCIL SHOULD SAY"NO"AND SUBJECT THE APPLICATION TO BILL 194!
Mr. Fuke's many, many applications for client delays of five to forty years for various clients without cause other than their
financial convenience,are at the expense of West Hawaii, and make him a leading cause of the current infrastructure mess
and affordable housing crisis.The past and present Pos, LPCs and Councils, must also take responsibility. Where's the
Community Planning for the future? The PD and LPC have become a Developers Accommodation and Profitability Bureau!
The Council must step forward.
Comm. No,
Ref.To:
1 Ref. ate_.