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HomeMy WebLinkAbout2024-11-18 Don Strawn From: don strawn To: LPCtestimonv Subject: Request for Immediate Postponement of the JEKATERINA MYSIN SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION(SMA 21-000078) Date: Monday,November 18,2024 2:55:09 PM Aloha to the Honorable Members of the Planning Commission, I am writing to request an immediate postponement of the review for the JEKATERINA MYSIN SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (SMA 21-000078) scheduled for the upcoming Leeward Planning Commission meeting on November 21, 2024. This request is grounded in serious concerns regarding the incomplete, inconsistent, and outdated information currently in the public record, which directly undermines the public's ability to meaningfully participate in the decision-making process. The primary reason for this request is the significant confusion created by the multiple, conflicting site plans that have been submitted for review. These evolving proposals leave the community unable to fully understand the scope of what is being proposed, and as a result, there is widespread uncertainty about what the public is being asked to approve or oppose. With the comment period ending today, it is unreasonable to expect the public to adequately review these conflicting plans and provide informed feedback in such a short time frame. The public deserves clarity and a clear, consistent proposal to evaluate—not a series of changing submissions. Until this issue is resolved, it would be unjust to move forward with any hearing or decision. Another serious concern is the outdated background report that the Planning Department is relying on to assess this application. The report, which was based on earlier, much simpler plans, fails to account for significant changes in the project's scope, such as the introduction of an underground parking garage and major excavation work. The proposal now involves extensive excavation into lava rock, a detail that was not included in the original background report. This outdated report misrepresents the current plans and cannot serve as the foundation for any decision-making or public comment. The public relies on accurate, up-to- date information to assess the impacts of such projects, and continuing to use this obsolete report is a violation of the public's right to a fully informed process. Moreover, the rushed timeline surrounding this application presents another serious issue. While this project has been in development since 2021, the public has not been given sufficient time to review the changes made to the plans. With the review scheduled in just a few days, there is no reasonable way for the community to assess the complexities of the new proposal. This lack of time to properly engage with the information constitutes a clear violation of the public's right to due process. Residents of Kona should not be rushed into commenting on a project of this magnitude without ample time to conduct proper due diligence. It is also critical to acknowledge the overwhelming opposition to this proposal. As of today, every single letter submitted to the Planning Department has been one of opposition, with no letters of support. This unprecedented level of public dissent speaks volumes about the need for a more thorough and transparent review. The Planning Commission should not ignore this outpouring of concern from the community. A responsible review of this application requires that the reasons behind this opposition be fully addressed and carefully considered before moving forward. Additionally, we must remember the significant public opposition the project faced back in 2021. Since then, the plans have changed, but the public has not been adequately informed about these changes. The lack of clear communication regarding the modifications to the proposal only deepens the concerns surrounding this application. The public has no way of fully understanding the new scope of the project or its potential impacts. Given the changes made since the original submission and the history of opposition, it would be irresponsible for the Planning Commission to proceed without ensuring that the public has access to a fully accurate and updated set of plans. In light of these numerous concerns, I respectfully urge the Planning Commission to grant the postponement of this hearing. A decision cannot be made based on incomplete or outdated information. The integrity of the planning process, compliance with Sunshine Laws, and the public's right to participate in an informed and transparent manner must take precedence over any rushed schedule. I trust the Planning Commission will recognize the importance of this request and act in the best interests of the community by postponing the hearing. Mahalo for your attention to this urgent matter, and I look forward to your prompt action in ensuring that the review of this permit is conducted with the fairness and transparency it deserves in a hearing that has accurate public records for review and consideration. Don Strawn Ala Ka La Resident