PL-REZ-2022-000032 M. VAN PERNIS TESTIMONY 11.14.2022

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Araujo, Jaclyn From: Mark Van Pernis <mvpvv@hawaii.rr.com> Sent: Monday, November 14, 2022 10:53 AM To: Sauer, Noriko; LPCtestimony Cc: Mark Van Pernis; Kona Letters Subject: Sunshine Holdings LLC, public written testimony before3 Leewars Planning Connission at November 2022c neeting. The Leeward Planning Commission twenty five years ago planned for the West Hawaii community by giving the then owners of this property a huge increase in value wth zoning and subdivision approval in exchange for promises of then (1995) determined public needs to be generated by the proposed subdivision, and the pr in 2000, 20005, 2010, 2015, and 2020, to get delays from cooperative Planning Directors or gullible agencies. In every instance, no ""circumstances beyond the control" of the applicants we're presented or proven, although REQUIRED by their ordinances Thus those delays are imoroper and illegal. Now this applicant wants another five years, wth no guarantee of performance or sunset provision. And to add insult to injury, it seeks to eliminate and/or reduce the 1990s pubic good impositions! (Although to some extent this might be just a throw -away bargainer to get the free, no new conditions extension). That West Hawaii's infrastructure proberms and needs have dramatically increased during those 25 years is undisputed, even by Mr. Fuke. What is this Planning Commission going to do about it? in Kaloko and/or off Mamalahoa, along with BEtBS AND VRBOS; a bypass major road from Mamalahoa to the midlevel highway and the lower highway to alleviate Mamalahoa's traffic has been postponed from 2005 to 2025; Mamahoaloa Highway has severe traffiic jams at the location this project would use; the population of West Hawaii has increased 200% or more, with fatalities in this vicinity; the need for good planning, infrastructure and affordable housing has increased greatly. Have you been in these rush hours traffic jams on Mamalahoa at Koloko all the way down to Kailua town? They add 45 minutes to an hour of commute time. Will you add to this mess with this subdivision and other Kaloko and Mamalahoa subdivisions, without addressing it? This application must be rejected! The property can keep its zoning, but should reapply for subdivision so current needs and conditions considered. Rezoned property is not taken back to Ag.5 from Ag. 1. Do not be taken in by glib but false arguments to the contrary, Repetitive lengthy delays obtained by Mr. Fuke for his clients' benefit from Hilo based Planning Directors and others, including this Commission and the County Council, at the expense of West Hawaii, appear to be a major reason for West Hawaii's current and future infrastructure problems. This cozy relationship solely for the financial benefit of developers and their buyers, at the expense of the community, must end by you doing your job of representing the community. The delays are clearly in violation and illegal under the subject ordinance, because reasons for delay beyond the control of the applicants are NEVER shown or asked to be proven. The legal definition of "beyond the control", used in the ordinances, is concise and well defined, and is such as as floods, labor strikes, lawsuits, etc. The financial benefit of the applicant is never "beyond the control"! Do not be taken in by glib arguments to the contrary, such as that provisions of the ordinances have not been enforced since Ms. Fuke was Planning Director years ago.