HomeMy WebLinkAboutPL-SMA-2023-000038 02.16.24 M. VAN PERNIS TESTIMONY Araujo, Jaclyn
From: Mark Van Pernis <mvpvv@hawaii.rr.com>
Sent: Friday, February 16, 2024 10:16 AM
To: LPCtestimony
Cc: Inaba, Holeka; Villegas, Rebecca; Kimball, Heather; Evans, Cynthia F.W.; Kona Letters;
Mark Van Pernis
Subject: 2/29/24 Agenda, Item 4 of New Business, PL-SMA-2023-00038. Kona Hawaiian
Development LLC
The Hilo based West Hawaii Today on 12/15/23 reported that the Leeward Planning Commission (LPC)will consider
another developer's proposed development for the obnoxious and partially constructed structure on the site of the old
miniature golf place. What isn't reported and the Commissioners should know is:
1.That the proposed project's approval is more than 25 years 101d, with no completion, and it was
(mis•)represented in the 1990s beginning that all would be done in five years from approval;
2,The original applicant developer had no intention or ability to build that project, and merely wanted approval so he
could sell it to another developer, which he did for a big profit, and so too with subsequent sales and transfers;
3. Several more delays were obtained free of any charge, public hearing, penalty, or additional imposition,with the
county getting nothing but more empty promises;
4.The property became a hangout for the homeless and drug dealing;
6. A few years ago (while I was on the LPC ), a new developer wanted another delay and a change in the obsolete
design, without penalty or, charge, i,.e to up the delay to over 30 years, and without any requirement to finish
construction by any date, and without a contemporary traffic study or inquiry into how the neighborhood had greatly
increased in density over the decades;, are mayoral appointees, without educational training in planning for the
future, How does decades of delay for the benefit of sequential developers plan for the community's future and well-
being? Represent West Hawait and say"No", and have the cement monstrosity removed.
The County of Hawaii Department of Finance, Real Property Tax Division, indicates the owner if this property is an
entity, NOT THE LLC APPLICANT. The applicant has no ownership interest of record. Thus it has NO STANDING to apply
for an SMA permit. Who is responsible for the structure/monstrosity?Who is making promises now and who is subject
to conditions? Why is the applicant refusing to submit documentation on "rights"without any ownership to the
Commission and the Corporation Counsel for review. No permit can issue with out such information to a non-
owner. Don't let smooth and subjective talk mislead your prevent you from doing your job as C9ommissioners for
West Hawaii's people.
Since the project's prior approval 25 years ago, there has been a huge amount of commercial and residential
development on adjoining or nearby Kapahulu and Walua roads, restaurant improvements on the mauka side of Alii
Drive across from the project have forced all pedestrian traffic to the makai side of Alii Drive in front of the project site,
beach park improvements were made just south of the project, Alii Drive has become traffic jammed, and the nearby
substandard dangerous Walua Road-Alii Drive intersection is much more congested, needing better signage or perhaps
a street light. In the prior application, Hilo's Mr. Fuke as representative, admitted that the population and vehicular
and pedestrian traffic had grown about 300%since original approval wth a prior applicant; but he argued that a traffic
study conducted in the 1990s was sufficient. For this new application a new traffic study is a prerequisite.
There was talk in the prior hearing of denying further totally unjustified delay altogether, particularly because there
were NO extenuating circumstances (such as floods or labor strikes, not mere convenience of the applicant), beyond
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the control of the applicant and predecessors, WHICH PLANNING DEPARTMENT RULES AND THE LAW REQUIRE. At
least, Sunset provisions were made for the further delay, suggested and promoted by then Chair Mr,
Vitousek. But the applicant ignored the Sunset provisions, (that prior applicant appears to be closely related to this
applicant), resulting in the cancellation and termination of the SMA permit entirely long ago.
.Here: 1.There must be complete disclosure of the persons or entities in the current applicant LLC, to see how it's
related to prior applicants which have dodged the LPC. 2.There should be full disclosure and transparency of the
applicant's intent and ability to timely develop, notjust sell. 3. A new traffic study, including Alii, Walua and Kapeka,
must first be done, submitted, and considered. 5. Construction of offsite traffic improvement must be contemporary
with general construction. 6. There must be curbs, gutters and sidewalks along the frontage on Alii Drive (just road
shoulders are too dangerous-), and around the corner to the intended parking garage on the south end of the
property.
Prior applicants didn't take the LPC seriously and made no real efforts other than a denigration of Kalua-Kona of Kona
for twenty years with the razor wire concrete monstrosity.The future planning and safety of West Hawaii residents
must be your first concern, not protecting private investors. Use your power for the community!
The proposal is not economically viable, Years ago, the Kailua Village Design Committee approved a hotel project, very
similar to what this applicant is proposing, off of but fronting Henry Street makai. That Commission did not have the
power to impose a Sunset provision.That project has been abandoned to date because it was not economically viable.
Mark Van Pernis, Kona resident and former Leeward Planning Commission Commissioner and Kailua Village Design
Commission Commissioner.
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