HomeMy WebLinkAboutPL-REZ-2022-000032 M. VAN PERNIS TESTIMONY 11.14.2022Araujo, 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.
Mr. Fuke and his client here show no reason at all in this application for further delay because of
reasons beyond the control of the applicant, just as prior applications for delay did not! Thus this
application is legally and factually invalid and must be rejected. The West Hawaii community must
be given priority over the financial benefits of a developer.
Whose side are you on?
Mark Van Pernis